WRITTEN QUESTION E-0996/00 by Chris Davies (ELDR) to the Commission. White Paper on Food Safety.
Date: 2000-03-31
Institutions: European Parliament, Provisional data
Subjects: EU law, amendment of a law, drafting of EU law, food safety, interpretation of the law

13.2.2001

EN

Official Journal of the European Communities

C 46 E/101

the (cid:145)Forum of European Securities Commissions(cid:146) (FESCO). This group was established in December 1999
and is looking to develop a common approach to the regulation of allotment and the equal treatment of
investors. A draft paper of this group is expected during the second half of 2000.

Within the framework of its financial services action plan, the Commission will also examine the rules
concerning the procedures for issuing securities. It will be looking to see to what extent rules referring to
allotment procedures could usefully be proposed.

Member States are not allowed to grant preferential treatment to their own nationals. The preference of
certain investors in the allotment procedure of shares of the company (cid:145)Infineon(cid:146) occurred between private
parties. It is not a result of a Member State rules giving preference to its own nationals. Therefore, this
event is not in principle covered by anti-discrimination rules provided by the EC Treaty.

The Commission does not intend to examine the issuing procedures in Germany in the light of the issue of
(cid:145)Infineon(cid:146) shares. The information available, discloses no basis for such an assessment.

(1) OJ L 66, 16.3.1979.
(2) OJ L 100, 17.4.1980.

(2001/C 46 E/105)

WRITTEN QUESTION E-0996/00

by Chris Davies (ELDR) to the Commission

(31 March 2000)

Subject: White Paper on Food Safety

In paragraph 101 of its White Paper on Food Safety (COM(1999) 719 final), that it will revise the Food
Labelling Directive 79/112/EEC (1) in order to address the question of nutrition and functional claims.

Could the Commission please explain:

1. What it means by the term (cid:145)functional claims(cid:146), i.e. does this definition encompass (cid:145)enhanced functional
claims(cid:146), as have been defined in the draft Codex recommendations for the use of health claims
(Alinorm 99/22A)?

2. Why has the Commission not addressed the issue of disease risk reduction claims in its White Paper?

(1) OJ L 33, 8.2.1979, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(22 May 2000)

In its white paper on food safety (1) the Commission indicated its intention to consider whether
1.
specific provisions should be introduced in Community legislation to govern (cid:145)functional claims(cid:146) and
(cid:145)nutritional claims(cid:146) on foodstuffs. This would include, among other provisions, definitions of the different
categories of claims. Work on the subject is still in its early stage and, at present, these definitions have not
yet been discussed in detail. In the white paper on food safety, (cid:145)functional claims(cid:146) are referred to as claims
related to beneficial effects of a nutrient on certain normal bodily functions; this corresponds to the
definition of (cid:145)nutrient function claim(cid:146) given in Codex Alimentarius Guidelines CAC/GL 23-1997. In the
proposed draft Codex recommendations for the use of health claims (cid:145)enhanced function claims(cid:146) are
presented as a special category of health claim. It must be noted that these draft Codex recommendations
are at a very early stage of consultation and that there is no consensus yet on the definitions appearing
therein.

C 46 E/102

Official Journal of the European Communities

EN

13.2.2001

Under current Community legislation (Article 2 of Council Directive 79/112/EEC of 18 December
2.
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)) the attribution to any foodstuff of the
property of preventing, treating or curing a human disease, or reference to such properties, is prohibited.
As indicated in its white paper on food safety, the Commission does not foresee the need to modify the
principle of this provision. Disease risk reduction claims are regarded as prevention of a disease and
therefore covered by this prohibition.

(1) COM(1999) 719 final.
(2) OJ L 33, 8.2.1979.

(2001/C 46 E/106)

WRITTEN QUESTION E-0999/00

by Neil MacCormick (Verts/ALE) to the Commission

(31 March 2000)

Subject: Ferry services in remote areas

Is the Commission aware of the absolute dependency of remote island communities, e.g. in the Hebrides,
the Orkneys and the Shetland Islands on adequate ferry services, and of the need to keep open routes that
would not be commercially viable in themselves? Does the Commission agree that merely dogmatic moves
to privatise such services would be regarded with great disfavour by communities served by ferries such as
those of Caledonian MacBrayne?

Answer given by Mrs de Palacio on behalf of the Commission

(15 May 2000)

The Commission is fully aware of the dependency of remote island communities such as the Hebrides, the
Orkneys and the Shetland islands on adequate ferry services and the need to keep open routes that would
not be commercially viable in themselves. Council Regulation (EEC) No 3577/92 of 7 December 1992
applying the principle of
freedom to provide services to maritime transport within Member States
(maritime cabotage) (1) specifically takes into account the transport needs of island regions and establishes
in its Article 4 the conditions under which Member States may conclude public service contracts with or
impose public service obligations as a condition for the provision of cabotage services, on shipping
companies participating in regular services to, from and between the islands.

Concerning the privatisation of such services, it is recalled that the Treaty establishes both the principle of
impartiality with regard to the system of property ownership and the principle of equality between public
and private undertakings.

(1) OJ L 364, 12.12.1992.

(2001/C 46 E/107)

WRITTEN QUESTION E-1012/00

by Cristiana Muscardini (UEN) to the Commission

Subject: Regulation, import and possession of dangerous animals

(31 March 2000)

According to journalistic sources, the number of rare and dangerous animals in Italy can be estimated at
more than 11 200. From time to time there are reports of wild animals attacking and savagely wounding
their owners or defenceless persons who happen to cross their path. The keeping of such animals by zoos