WRITTEN QUESTION E-3781/02

by Jan Mulder (ELDR) to the Commission

(6 January 2003)

Subject: Code of conduct for multinational undertakings which import foodstuffs

With regard to the production of foodstuffs, the European Union applies environmental, animal welfare and food safety standards which are different from those in other parts of the world. For example, the use of meat-and-bone meal in cattle feed is prohibited in the EU. Those measures generally put European farmers at a competitive disadvantage compared with farmers in other parts of the world.

Current WTO rules permit imports of foodstuffs, and not just raw materials, to be restricted in the event of their presenting a manifest risk to public or animal health.

One possible way of resolving the problem of competitive disadvantage would be to negotiate, with undertakings which import foodstuffs, a Code of Conduct whereby they would agree to import only those products manufactured in accordance with production methods with standards as high as those in the European Union.

1. What possibilities does the Commission see of such a Code of Conduct being drawn up?

2. What other possibilities does the Commission see of measures being taken in the near future, i.e. before the conclusion of the WTO negotiations, which will reduce the competitive disadvantage of European farmers?

Answer given by Mr Byrne on behalf of the Commission

(18 February 2003)

Food and feed imported into the Community for placing on the market within the Community must comply with the relevant requirements of Community law or conditions recognised by the Community to be at least equivalent. Thus, there is already a considerable body of legislation and controls in place to ensure the safety of imported food and feed, particularly products of animal origin. This has been substantially updated and strengthened through the measures announced in the Commission White Paper on food safety(1) of January 2000.

Subsequent to the White Paper, a number of major legislative initiatives have already been agreed. Examples include Regulation (EC) No 178/2002 of the Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(2), Regulation (EC) No 999/2001 of the Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(3), and Regulation (EC) No 1774/2002 of the Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(4). Other major proposed regulations on food hygiene and zoonoses are currently still under discussion in Council and Parliament while proposals on food and feed controls and feed hygiene will be presented shortly.

This body of legislation includes important provisions aimed at ensuring that imports offer equivalent levels of safety to domestically produced products. Where the Commission is satisfied that these provisions are not respected, the appropriate measures are taken, including where necessary restrictions or bans of the relevant food or feed products. The Commission is not of the view, therefore, that food safety is lower in relation to imports than within the Community.

The legislation is also compatible with the Community's international obligations, including its obligations under the World Trade Organisation (WTO). This international framework ensures that the interests of the Community exporters of foodstuffs are protected from measures, which are disproportionate, discriminatory or unsupported by scientific evidence. However, in certain areas such as animal welfare, the provisions at international level including in the WTO are not very developed. The Commission continues to make the case for greater recognition of animal welfare as a legitimate concern. The recent communication(5) of the Commission to the Council and the Parliament on animal welfare in third countries and the Implications for the Community provides a full account of these efforts.

The Commission does not foresee the negotiation of a code of conduct with undertakings, which import foodstuffs. Provisions on food safety should be binding and enforceable. This would not be the case under a code of conduct that is not legally enforceable. However, the Commission encourages such codes agreed between the relevant parties as they can provide additional safeguards and information to both producers and consumers outside a legislative framework.

The competitive position of European farmers in relation to third countries must be viewed in the context of the Common Agriculture Policy reform and the long-term perspective for sustainable agriculture and the on-going discussions on the Doha Development Round. It is the objective in both cases to create a more competitive and sustainable system of European agriculture while providing the farming community with financial aid decoupled from the production as well as other support measures in line with WTO rules and ensuring comprehensive information to consumers.

(1) COM(1999) 719 final.

(2) OJ L 31, 1.2.2002.

(3) OJ L 147, 31.5.2001.

(4) OJ L 273, 10.10.2002.

(5) COM(2002) 626 final.