WRITTEN QUESTION P-2344/98

by Antonios Trakatellis (PPE) to the Commission

(13 July 1998)

Subject: Implementation of Greek Law No 2538/97 concerning food products, which infringes Community legislation

In reply to my question (H-376/98)(1) regarding the provisions of a law recently enacted in Greece (2538/97) concerning certain food products (dairy products, olive oil, packaged fruit juices, honey and packaged meat products) the Commission indicated that a legal provision prohibiting the use of ingredients from different geographical areas during production could constitute an infringement of Community directives. Despite this, the Greek authorities proceeded to implement the law and set up a national committee to recommend penalties when appropriate for producers and distributors of food and beverages. Investigations have already been carried out regarding the situation on the Greek market.

1. What has the Commission done and what does it intend to do in response to this, given that it was already aware of this law, which creates an enormous and totally disproportionate bureaucratic burden for the production and marketing sectors, causing particular difficulties for small producers and small and medium-sized enterprises?

2. Does the Commission not consider that the provisions of this law, which ban products containing a mixture of similar ingredients from different geographic areas and makes it mandatory to list all ingredients used in the product is hampering economic activity and intra-Community trade?

Answer given by Mr Bangemann on behalf of the Commission

(5 August 1998)

1. The Commission confirms that it was informed of the existence of Greek Law No 2538/97 by a complaint submitted at the end of January 1998. It is true that this Law No 2538/97 includes a provision prohibiting the use of ingredients of different origins. Such a provision is likely to constitute an infringement of Articles 30 et seq. of the EC Treaty.

Consequently, the Commission requested further information regarding this point from the Greek authorities. The latter replied that the measure at issue, which prohibits the use of products of different origins, would have to be repealed following an amendment tabled by the national parliament. The Commission has noted with satisfaction that, in this way, the Greek authorities will bring a halt to the infringement in question.

2. The Honourable Member also refers to the provisions of Law No 2538/97 making it mandatory to list all the substances used in the manufacture of products. The Commission considers that an obligation of this kind is not likely to constitute an infringement of the applicable Community legislation, namely 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(2).

On the other hand, the Commission's attention has been drawn to other provisions of Law No 2538/97. For example, the Law makes it mandatory to indicate the percentage of ingredients used in foodstuffs. In addition, it makes it mandatory to indicate on the label of the products in question their country of origin, as well as the country of origin of the ingredients used. Finally, it makes it mandatory for the labels of such products to bear the name and address of the producer, the processor, or, in the case of non-Greek products, the distributor in Greece.

Based on a preliminary analysis, these various labelling obligations could constitute an infringement of Directive 79/112/EEC and hence be harmful to economic activity and intra-Community trade. This point has been raised in a letter to the Greek authorities who have made it known that they do not share the Commission's opinion. The Commission is weighing up the various elements in the case and will not fail to initiate the procedure provided for in Article 169 of the EC Treaty should this prove to be necessary.

(1) Debates of the European Parliament (March 1998).

(2) OJ L 33, 8.2.1979.