WRITTEN QUESTION E-1257/01 by Bart Staes (Verts/ALE) to the Commission. Distortions of competition in the Belgian Federation caused by failure to comply with Directive 91/321/EEC.
Date: 2001-04-26
Institutions: European Parliament, Provisional data
Subjects: Belgium, World Health Organisation, application of EU law, baby food, code of conduct, competition law, marketing, restriction on competition, sales promotion

11.12.2001

EN

Official Journal of the European Communities

C 350 E/103

(cid:129) The available data are insufficient to exclude several other potential risks with exclusive breastfeeding

for six months, including growth faltering and other micronutrient deficiencies.

Based on the above conclusions the Expert Consultation recommends exclusive breastfeeding for six
months, with the introduction of complementary foods and continued breastfeeding thereafter, noting
infants. The Expert
however that this recommendation applies to populations rather than individual
Consultation also recognises that some mothers will be unable to, or choose not
follow this
recommendation and recommends that these mothers should be supported to optimise their infant(cid:146)s
nutrition.

to,

In view of the above the Commission will be arguing in the future for measures giving effect to the
conclusions and recommendations of the Expert Consultation that take into account the specific individual
needs of infants and mothers.

(1) Reports of the Scientific Committee for Food, 14th series, opinion expressed on 27.4.1983 and 24th series, opinion

on essential requirements for weaning foods, expressed on 27.10.1989 and 30.3.1990.

(2) See paragraph 7 of WHO Report on Global strategy for infant and young child feeding (doc. A54/7, 9.4.2001).

(2001/C 350 E/112)

WRITTEN QUESTION E-1257/01

by Bart Staes (Verts/ALE) to the Commission

(26 April 2001)

Subject: Distortions of competition in the Belgian Federation caused by failure to comply with Directive

91/321/EEC

In the Belgian Federation, Directive 91/321/EEC (1) of 14 May 1991 is implemented by the Royal Decree
of 27 December 1993 relating to advertisements for infant formulae and the distribution of free samples.
The Directive constitutes an incomplete version of the International Code of Marketing of Breast-Milk
Substitutes drawn up by the World Health Organisation and Unicef and adopted in 1981 by the World
Health Assembly.

In answer to a question about interpretation tabled by Senator Sabine de Bethune, the Federal Minister for
Consumer Affairs, Public Health and the Environment, Mrs Magda Aelvoet, stated on 22 March that
promotional campaigns undertaken by manufacturers of infant formulae were in breach of that Decree.
The practice of distributing free samples (cid:129) which equates to an advertisement for infant formulae (cid:129) seems
to be still very common in Belgian maternity wards. That approach is not only illegal,
is also
incompatible with the EC Treaty (as regards distortion of competition) and thwarts the core objective of
the WHO Code, i.e. the promotion of breast-feeding on health grounds.

it

1.
Does the Commission acknowledge that the approach taken by manufacturers and distributors of
infant formulae in the Belgian Federation is in breach of Directive 91/321/EEC of 14 May 1991? If not,
what are the grounds on which the Commission deems the distribution of free samples of infant formulae
by manufacturers and distributors in Belgian maternity wards to be legal and in accordance with Directive
91/321/EEC of 14 May 1991? If so, will it ensure that, henceforth, Directive 91/321/EEC of 14 May 1991
is fully and properly applied in the Belgian Federation?

2. Will the Commission take action so that the entire WHO Code may be incorporated into Directive
91/321/EEC? If not, why will it take no action so that the entire WHO Code may be incorporated into
Directive 91/321/EEC?

(1) OJ L 175, 4.7.1991, p. 35.

C 350 E/104

Official Journal of the European Communities

EN

11.12.2001

Answer given by Mr Byrne on behalf of the Commission

(4 July 2001)

1.

The Honourable Member is referred to the answer given to his Written Question P-1229/01 (1).

2.
The International Code of Marketing of Breast-milk Substitutes World Health Organisation (WHO)
Code, adopted as a recommendation, applies to the marketing of breast-milk substitutes, feeding bottles
and teats. It covers a wide range of relevant issues including among others quality of products, their
labelling and advertising, information and education to be provided to the public, responsibilities of health
care systems and health workers.

In the Community competence on the different issues may be with the Commission, with Member States
or be shared. Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae,
is
a specific Commission Directive that covers infant formula, the product that is considered as breast-milk
substitute. This Directive cannot cover feeding bottles or teats. In addition the Directive can only include
provisions that deal with those issues that could be covered by Community rules.

For the above reasons the Commission cannot
91/321/EEC.

incorporate the entire WHO Code into Directive

(1) OJ C 318 E, 13.11.2001, p. 227.

(2001/C 350 E/113)

WRITTEN QUESTION E-1259/01

by David Bowe (PSE) to the Commission

(26 April 2001)

Subject: Reclassification of trichloroethylene

Can the Commission confirm if the proposed labelling of trichloroethylene as R45 under the Solvent
Emissions Directive (1999/13/EC (1)) would result in the prohibition of the use of trichloroethylene, and
prohibition of the sales to consumers of substances labelled R45 under the 14th amendment (94/60/
EEC (2)) of the Marketing and Use Directive (76/769/EEC (3))?

Does the Commission believe that such a prohibition will
lead to industries reliant on the technical
properties of trichloroethylene to source components from outside the EU, or move their own production
to non-EU countries?

If not, why not?

(1) OJ L 85, 29.3.1999, p. 1.
(2) OJ L 365, 31.12.1994, p. 1.
(3) OJ L 262, 27.9.1976, p. 201.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(4 July 2001)

The 28th adaptation of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws,
regulations and administrative provisions relating to the classification, packaging and labelling of
dangerous substances (1) to technical progress, as approved by the Technical Progress Committee on
25 January 2001, classifies trichloroethylene as a category 2 carcinogen.