WRITTEN QUESTION E-0150/01 by Reimer Böge (PPE-DE) to the Commission. Additional information in the labelling of beef.
Date: 2001-01-31
Institutions: European Parliament, Provisional data
Subjects: Germany, beef, bovine spongiform encephalopathy, consumer protection, food safety, labelling

C 261 E/48

Official Journal of the European Communities

EN

18.9.2001

(2001/C 261 E/051)

WRITTEN QUESTION E-0150/01

by Reimer B(cid:246)ge (PPE-DE) to the Commission

(31 January 2001)

Subject: Additional information in the labelling of beef

A major German food retailer which already conducted voluntary BSE tests on all slaughtered cattle prior
to the entry into force of the current rules in Germany has been refused permission by the federal office
responsible to provide information concerning this on labels pursuant to Regulation (EC) No 1760/
2000 (1).

The company in question had submitted four different proposed versions for approval. The Federal Office
of Agriculture and Food rejected all
four alternatives on the grounds that, under Article 16(2) of
Regulation 1760/2000, misleading or insufficiently clear information is not permitted to be approved.

The proposed alternatives were as follows:

1. This meat has been tested for BSE. The test does not guarantee absolute safety, but does ensure greater

safety!

2. Voluntarily tested for BSE (Prionics test). Our contribution towards reducing the risks.

3. Voluntarily tested for BSE (Prionics test). Greater consumer safety.

4. Greatest possible consumer protection. Voluntarily tested for BSE. No absolute safety.

What does the Commission think of the decision to reject the application?

Does the Commission agree with the federal office that the four proposed versions are contrary to
Regulation 1760/2000 and therefore impermissible? Or does the Commission consider that the federal
office(cid:146)s interpretation of the regulation is rather restrictive?

(1) OJ L 204, 11.8.2000, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(4 April 2001)

The Commission is aware that, in a number of Member States, operators have made representations to
their authorities with a view to labelling beef voluntarily with information pertaining to the bovine
spongiform encephalopathy (BSE) status of the animals from which the beef was derived. In the case of
Germany, formal permission has been requested for making labels referring to the testing for the presence
of BSE in the source animals and relating it to the reduced risk to health of such beef.

Firstly, the Commission would like to recall that the wide range of public health measures adopted up to
now at a Community and national level have, as their overriding objective, that of ensuring that all beef
released on to the Community is equally safe to eat.

Permitting an operator to distinguish his beef from that of his competitor on the basis of announcing his
compliance with a public health measure, which applies equally to all operators, would, in the opinion of
the Commission, give rise to an unfair advantage to such an operator and ultimately confuse the
consumer. This is because such an indication gives the misleading allusion that the beef sold by any
other operator, who does not happen to use this label, is less safe.

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Official Journal of the European Communities

C 261 E/49

It should be recalled that it is a principle of Community labelling legislation, as laid down in Article 2(1) of
Directive 2000/13 EC of the Parliament and of the Council of 20 March 2000 on the approximation of
the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1) that
labels shall not (cid:145)mislead the purchaser to a material degree(cid:146) by (cid:145)suggesting that the foodstuff possesses
special characteristics when in fact all similar foodstuffs possess such characteristics.(cid:146)

Furthermore, since the second subparagraph of Article 16(2) of Regulation (EC) No 1760/2000 of the
Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration
of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation
(EC) No 820/97 (2) specifically states that voluntary labels containing misleading or insufficiently clear
information shall be refused by the Member State, the Commission believes that the German authorities
have a clear legal base on which to reject any voluntary indications, relating to the BSE status of the
animals from which the beef was derived.

(1) OJ L 109, 6.5.2000.
(2) OJ L 204, 11.8.2000.

(2001/C 261 E/052)

WRITTEN QUESTION E-0156/01

by Jean-Maurice Dehousse (PSE) to the Commission

(31 January 2001)

Subject: Consequences of the merger trend in the airline company sector

The air transport sector has been characterised recently by a new trend towards mergers: Trans World
Airlines has been acquired by American Airlines and U.S. Airways has been divided up between American
Airlines and United Airlines. Furthermore, the press has announced that the Commission had provisionally
approved these mergers on 12 January.

1. Will this merger trend affect the transatlantic market and will it influence the European market?

2. What would the consequences be in that case?

3.

Is a similar trend likely to develop with regard to the European companies?

4. What will
transactions (i.e. the six European companies affiliated to United Airlines through (cid:145)Star Alliance(cid:146))?

the consequences be for airline companies affiliated to the ones involved in the

Answer given by Mr Monti on behalf of the Commission

(29 March 2001)

1., 2. and 4.
As the Honourable Member points out, there have recently been two mergers in the air
transport sector in the United States: US Airways has been acquired by United Airlines and Trans World
Airlines (TWA) has been acquired by American Airlines.

Although such transactions must comply with the turnover thresholds specified in Council Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), they
are subject to prior notification to the Commission under the Community competition rules.

United Airlines(cid:146) acquisition of US Airways was duly notified to the Commission, which authorised it
(subject to certain conditions) on 12 January 2001. More details of that transaction are available in the
decision adopted by the Commission (Case COMP/M.2041) and published on the Internet (2).