WRITTEN QUESTION E-2880/98

by Panayotis Lambrias (PPE) to the Commission

(28 September 1998)

Subject: Uncontrolled marketing of genetically-manipulated foodstuffs

In view of growing public concern at the increasing volume of genetically-manipulated foodstuffs on the market, some of which are wrongfully designated as foodstuffs which have not been manipulated, what steps will the Commission take to ensure effective monitoring in all Member States? Such monitoring is necessary on the one hand to safeguard the right of consumers to freedom of choice regarding genetically-manipulated foodstuffs and to combat fraud involving the sale of genetically-manipulated foodstuffs designated as foodstuffs which have not been manipulated.

Answer given by Mr Bangemann on behalf of the Commission

(23 November 1998)

The Honourable Member appears to be concerned about the verification of identification of modified and unmodified foodstuffs. The Commission can give him the following information concerning the rules for identifying foodstuffs that have or have not been genetically modified and their monitoring.

The Commission recalls that Article 8 of Regulation (EC) 258/97 concerning novel foods and novel food ingredients(1), which entered into force on 15 May 1997, makes provision for additional measures for the labelling of foods or food ingredients which contain or consist of genetically modified organisms and foodstuffs produced from, but no longer containing, genetically modified organisms.

Consumers are thus informed of all food characteristics or properties such as composition, nutritional value or nutritional effects, the use of the food which renders a novel food no longer equivalent to an existing food or food ingredient. A novel food is considered to be no longer equivalent if scientific assessment, based on appropriate analysis of existing data, can demonstrate that the characteristics are different in comparison with a conventional food or food ingredient. In this case, the labelling must indicate the characteristics or properties modified, together with the method by which that characteristic or property was obtained.

The presence in a novel food of material which is not present in an existing equivalent food which gives rise to ethical concern (e.g. a gene of porcine origin in a plant) or which may affect the health of certain population groups (e.g. the presence of a substance with allergenic properties) must also be brought to the notice of consumers. Finally, the presence of a genetically modified organism (GMO) (e.g. a tomato obtained through genetic engineering) will be labelled as a GMO.

Moreover, Regulation (EC) 1139/98(2) concerning the labelling of foodstuffs or foodstuff ingredients produced from genetically modified soya or maize, adopted on 26 May 1998, which entered into force on 1 September 1998, gives a more precise definition of the concept of non-equivalence applicable to foodstuffs derived from GMOs. Labelling is made obligatory where the foodstuff or food ingredient contains traces of deoxyribonucleic acid or of protein resulting from genetic modification. In such cases the food or food ingredient would no longer be considered equivalent to the conventional food or food ingredient.

Such food or food ingredients subject to this obligatory labelling must carry the words "produced from genetically modified soya/maize" or "contains ingredients produced from genetically modified soya/maize" on the labelling.

The possibility of voluntary labelling specifying, in this particular case, for the attention of the ultimate consumer, that the foodstuff in question is not genetically modified is governed by the principles laid down in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer(3), in particular the provision that labelling must not be such as to mislead the consumer.

It should be added that verification of compliance with and application of these regulatory provisions on labelling are matters for which the authorities of each Member State are competent and responsible.

(1) OJ L 43, 14.2.1997.

(2) OJ L 159, 3.6.1998.

(3) OJ L 33, 8.2.1979.