Proposal for a COUNCIL DECISION requesting the Republic of Austria to refrain from adopting its draft Order on the labelling of foodstuffs produced by genetic engineering
Date: 1996-12-13
Institutions: European Commission
Subjects: Austria, advertising, foodstuff, genetic engineering, labelling

COMMISSION OF THE EUROPEAN COMMUNITIES 

it 
* 

-à 
v 

Brussels,  13.12.1996 
COM(96) 683 final 

Proposal  for  a 

COUNCIL DECISION 

requesting the Republic of Austria to refrain from 
adopting its draft Order on the labelling of foodstuffs  produced by genetic 
engineering 

(presented by the Commission) 

Explanatory memorandum 

The Austrian authorities have, through the procedure laid down in Article  16 of Directive 
79/112/EEC  on  the  labelling  of  foodstuffs,  notified  a  draft  decree  concerning  the 
labelling  of  foodstuffs,  including  additives  produced  through  genetic  engineering.  The 
draft  requires  the  words  "produced  through  genetic  engineering"  to  be  placed  on  the 
labelling of any foodstuff  which is, or contains, a genetically modified  organism. 

Novel  foods,  including  those  deriving  from  genetic  engineering,  were  covered  by  a 
proposal  for  a  Community  regulation  in  July  1992.  The  Council  adopted  a  common 
position  in October  1995.  Following the rejection by the Council and the Commission of 
most of the amendments  Parliament  adopted  at second  reading,  the dossier  is now  in the 
conciliation phase. 

The  notified  draft  runs  counter  to  the  labelling  provisions  laid  down  in  the  common 
position. 

Adoption  of  the proposal  for  a Regulation on novel  foods  will enable the Community  to 
introduce  labelling  rules  concerning,  inter  alia,  foodstuffs  produced  through  genetic 
engineering.  These  rules  will be binding  in their  entirety  and  directly  applicable  in  all 
Member States.  This will entail the removal of national provisions. 

Accordingly,  it would be preferable  if the Austrian  authorities  refrained  for  the moment 
from adopting their draft decree. 

Proposal for a Council Decision requesting the Republic of Austria to refrain from 
adopting its draft Order on the labelling of foodstuffs  produced by genetic 
engineering 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  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,  as  last  amended  by 
Commission Directive 93/102/EC,  and in particular Articles 16 and 17 thereof, 

Having regard to the proposal from the Commission, 

in  accordance  with 

Whereas, 
in  Article  16(2)  of 
Directive 79/112/EEC, the Austrian authorities notified the Commission of their intention 
to adopt a draft  Order on the labelling of foodstuffs  produced by genetic engineering; 

the  procedure  provided  for 

Whereas  the  aim  of  the  said  draft  is  to  require  the  words  "produced  by  genetic 
engineering" to be indicated on the labelling of foodstuffs  which are genetically  modified 
organisms or are produced from genetically modified organisms; 

Whereas  in July  1992 the  Commission  sent the  Council  a proposal  for  a Regulation  on 
novel  foodstuffs,  in  particular  those  produced  by  genetic  engineering;  whereas  the 
Council adopted a common position on this subject in October 1995; 

Whereas the draft  Order is not in agreement with the provisions of the common position 
as  regards  labelling  since  it  aims  to  require  the  systematic  labelling  of  foodstuffs 
produced by genetic engineering, which would go beyond the provisions of the common 
position; 

Whereas,  in  addition,  there  are  no  plans  at  Community  level  to  require  operators  to 
include a specific wording on the labelling, as provided for in the draft Austrian Order; 

1 
2 

OJ L 33, 8.2.1979, p. 1. 
OJL 291, 25.11.1993, p. 14. 

Whereas  this  finding  has  prompted  the  Commission  to  deliver  a  negative  opinion 
pursuant to Article  16(2)(2) of  Directive 79/112/EEC; 

Whereas, by adopting the proposal for a Regulation on novel foodstuffs,  the Community 
will  be  introducing  rules  on  the  labelling  of  novel  foodstuffs,  in  particular  foodstuffs 
produced by genetic engineering; 

Whereas  these  rules  will  be  general  in  scope,  binding  in  their  entirety  and  directly 
applicable in all Member States; 

Whereas  the  Member  States  will  therefore  no  longer  be  able  to  maintain  their 
corresponding national  provisions; 

Whereas  it  is  therefore  necessary  to  request  the  Austrian  authorities  to  refrain  from 
adopting their draft regulations; 

Whereas,  in  accordance  with  the  procedure  laid  down  in  article  17  of  Directive 
79/112/EEC,  a  draft  of  this  Decision  was  submitted  to  the  Standing  Committee  on 
Foodstuffs;  whereas  the  latter  was unable to  deliver  an  opinion;  whereas  in  accordance 
with  that  same  procedure  the  Commission  has  submitted  a  proposal  to  the  Council 
regarding the measures to be adopted, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Republic  of Austria  is hereby requested  to refrain  from  adopting  its draft  Order on 
the labelling of foodstuffs  produced by genetic engineering. 

Article 2 

This Decision is addressed to the Republic of Austria. 

Done at Brussels, 

By the Council 

ISSN 0254-1475 

COM(96) 683 final 

DOCUMENTS 

EN 

03  15  10 

Catalogue number  :  CB-C0-96-694-EN-C 

ISBN 92-78-13639-5 

Office  for Official  Publications of the European Communities 

L-2985  Luxembourg