WRITTEN QUESTION E-3730/02

by Erik Meijer (GUE/NGL) to the Commission

(19 December 2002)

Subject: Measures to combat imports of American foodstuffs which are not labelled as to their composition and origin and which contain genetically modified ingredients

1. Is the Commission aware that the Netherlands Food Inspection Department, now part of the new Food and Drugs Authority (FDA), faces a heavy workload in determining whether imported foodstuffs contain genetically modified ingredients and what proportion of the foodstuffs those ingredients make up, in particular because US rules make no distinction between natural foodstuffs and genetically modified foodstuffs, three-quarters of US foodstuffs contain genetically modified ingredients and information about genetic material is lacking in America?

2. Does the Commission know whether organisations in other Member States which are responsible for monitoring food safety also find the work of checking imports very time-consuming?

3. What action is the Commission taking to convince bodies such as the FDA that the checking of genetically modified foodstuffs is nevertheless entirely feasible, on the basis of scientific tests or systematic documentation?

4. Does the lack of US rules on the protection of consumers who do not wish to buy genetically modified products imply that more checks have to be carried out within the EU than would be necessary if the US were to cooperate, given that it would not be safe to assume that all exporting firms outside Europe act in good faith and cooperate voluntarily?

5. Does the Commission point out, in trade talks with the US, that US foodstuffs may be denied access to EU countries in the future, on the grounds that the lack of prior information on the composition of foodstuffs necessitates stringent, and therefore expensive, checks by the public authorities, and that even if imports are approved the unnecessary costs generated will be passed on to the exporting firm?

6. Do such problems arise solely in connection with the two approved products, maize and soya beans, which had already been granted access to the EU market as foodstuffs or feedingstuffs before 1998, on the basis of Directive 90/220/EEC(1), or will future imports covered by Regulations (EC) Nos 1139/98(2), 49/2000(3) and 50/2000(4) or the future regulations COM(2001) 425(5) and COM(2001) 182(6) also be affected?

7. In the light of the questions in paragraphs 1, 4 and 5, in addition to the existing rules and the new Directive 2001/18/EC(7) does the Commission regard further supplementary measures as necessary so that, in the near future, proper, comprehensive assessments as to the presence of genetically modified substances in foodstuffs can be carried out and adequate information about such substances provided?

Source: The Netherlands daily newspaper Trouw, 4.12.2002.

(1) OJ L 117, 8.5.1990, p. 15.

(2) OJ L 159, 3.6.1998, p. 4.

(3) OJ L 6, 11.1.2000, p. 13.

(4) OJ L 6, 11.1.2000, p. 15.

(5) OJ C 304 E, 30.10.2001, p. 221.

(6) OJ C 304 E, 30.10.2001, p. 327.

(7) OJ L 106, 17.4.2001, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(10 February 2003)

The responsibility for control and inspection of food, including genetically modified (GM) food, lies with the Member States. Missions are carried out in Member States by the Commission's Food and Veterinary Office in order to evaluate official control systems on foods consisting of or produced from genetically modified organisms. The reports of these missions are published on Internet: http://europa.eu.int/comm/food/fs/inspections/fnaoi/reports/genetic_mod_nov_food/index_en.html.

In 2001, the Commission proposed a Recommendation for a coordinated control programme focusing inter alia on GM food. The proposal received the unanimous support of the Member States in the meeting of the Standing Committee on Food on 17/18 December 2001 and is published in the Official Journal of the European Communities(1).

The coordinated control programme does not specify sampling and/or inspection rates, but recommends that Member States should ensure that they are sufficient to provide an overview of the subject in each Member State. According to the Recommendation, Member States should provide information to the Commission on the results of the inspections and controls by 1 May 2003. The results may provide information and experience on which to base future control activities.

Operators who import food into the Community are responsible for ensuring that the products meet the requirements of the applicable Community legislation, including Regulations (EC) No 258/97(2), (EC) No 1139/98(3), (EC) No 49/2000(4) and (EC) No 50/2000(5) as well as Regulations to be adopted in the future on the basis of Commission proposals.

The authorities of the Member States may impose sanctions on food produced within the Community and food imported into the Community that do not comply with Community legislation. However, it would not be possible to deny a product access to the European market because it needs to be controlled for its compliance with Community legislation.

The Commission proposal on traceability and labelling of genetically modified organisms (GMOs) and traceability of food and feed produced from GMOs provides that the Commission shall develop guidelines on sampling and testing to facilitate a coordinated approach in the Community concerning inspection and control measures to ensure compliance with the Regulation.

When finally adopted by the Council and the Parliament, the genetically modified (GM) food and feed Regulation will replace Regulations (EC) No 258/97, (EC) No 1139/98, (EC) No 49/2000 and (EC) No 50/2000. The Proposal for a Regulation on GM food and feed establishes that applicants have to provide a method for detection of the product, which will be forwarded to the Community Reference Laboratory for validation prior to granting authorisation.

The Joint Research Centre, which the Commission has proposed to be the future Community Reference Laboratory, has already established a network of genetically modified organisms (GMO) laboratories in the Member States with the main objective of developing validated detection methods and to discuss technical issues related to sampling, identification and quantification of GM material.

All of these initiatives will further facilitate the control and inspection of GM food carried out by the Member States.

The dialogue with third countries on GM food, including the United States, takes place in different fora at various levels. Standards, guidelines and recommendations for regulating GM food, including the labelling of such products, are discussed within Codex Alimentarius, notably in the Codex Committee on Food Labelling and in the Codex Task Force on Foods derived from Modern Biotechnology. In this context as well as in other fora, the Commission is promoting and defending the regulatory approach agreed in the Community.

The United States as well as other third countries are well informed about our forthcoming legislation. The Commission proposal on GM Food and Feed has been notified to the World Trade Organisation (WTO), Sanitary and Phytosanitary Measures (SPS) and Technical Barriers to trade (TBT) committees. Several countries, including the United States, have made comments to which the Commission has responded. The Commission response is available on web-site: http://europa.eu.int/comm/food/fs/gmo/gmo_ongoinit_en.html.

(1) Commission Recommendation of 25 January 2002 concerning a coordinated programme for the official control of foodstuffs for 2002 OJ L 26, 30.1.2002.

(2) Regulation (EC) No 258/97 of the Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients OJ L 43, 14.2.1997.

(3) Council Regulation (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication of the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided in Directive 79/112/EEC.

(4) Commission Regulation (EC) No 49/2000 of 10 January 2000 amending Council Regulation (EC) No 1139/98 concerning the compulsory indication on the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC.

(5) Commission Regulation (EC) No 50/2000 of 10 January 2000 on the labelling of foodstuffs and food ingredients containing additives and flavourings that have been genetically modified or have been produced from genetically modified organisms.