WRITTEN QUESTION No. 2725/98 by Hiltrud BREYER to the Commission. Regulation No 258/97 on novel foods
Date: 1998-09-01
Institutions: BREYER, European Parliament
Subjects: biotechnology, consumer information, food inspection, foodstuff, foodstuffs legislation, genetically modified organism, labelling, new product

C 297/28

Official Journal of the European Communities

EN

15.10.1999

If so, should such packaging not be prohibited so that the promotion of dairy products may have its intended
effect?

Is the Commission prepared to approach the Netherlands authorities in this matter?

Answer given by Mr Fischler on behalf of the Commission

(17 September 1998)

The Honourable Member’s question probably refers to the provision requiring packs of full-fat or semi-
skimmed milk distributed under the school milk scheme in the Netherlands to contain 0,25 litre. In this
respect, the Commission can confirm that the Community legislation on the school milk scheme makes no
such requirement. The Netherlands authorities introduced the rule to facilitate inspections and notified the
Commission of it in 1994 as part of their national application provisions. The Commission did not comment
on it. It also appears that the Netherlands authorities are preparing an amendment of the provision in question.

The Commission recognises that small packs do indeed increase the cost of the product, and that this is likely
to counteract the effect of the aid. However, such packaging also has certain undeniable advantages,
particularly practical and administrative ones. The Commission therefore does not consider it appropriate
to adopt Community rules on the matter.

(1999/C 297/037)

WRITTEN QUESTION E-2725/98

by Hiltrud Breyer (V) to the Commission

(1 September 1998)

Subject: Regulation No 258/97 on novel foods

The Commission’s answer to question P-1999/98 (1) suggests that Article 8 of Regulation 258/97 (2) has not
been transposed in full by the Commission. Is the answer to be taken as meaning that the Commission wants
labelling to indicate only the procedure, and not the modified characteristics or properties, such as resistance
to herbicides or insecticides?

Why is the Commission failing to transpose Article 8 of Regulation 258/97 in full?

(1) OJ C 50, 22.2.1999, p. 123.
(2) OJ L 43, 14.2.1997, p. 1.

Answer given by Mr Bangemann on behalf of the Commission

(13 October 1998)

Article 8, and more particularly paragraph 1(a) thereof, of Regulation (EC) 258/97 on new foodstuffs, as
referred to by the Honourable Member, stipulates that the labelling for a new food or new food ingredient that
is no longer equivalent to an existing food or food ingredient must have entered on it the modified food
characteristics or properties (composition, nutrient value or nutritional effects or intended use of the food),
accompanied by a description of the method whereby that characteristic or property has been acquired. It
emerges from those provisions that the characteristics having been modified at plant level, such as resistance to
herbicides or to insects, are agronomic and not food characteristics, and so do not need to be labelled in
pursuance of said article. Conversely, a statement that a food or food ingredient has been produced from, for
example,
‘genetically-modified soya or maize’ corresponds to the modified food characteristics (for food
composition) and to their method of acquisition (genetically) which should appear on the labelling.

The Commission fully implements Article 8 of Regulation 258/97. As stated above the entries hoped for by
the Honourable Member are not covered by this regulation and its provisions.