WRITTEN QUESTION P-0746/02 by Wolfgang Ilgenfritz (NI) to the Commission. Labelling of foodstuffs.
Date: 2002-03-11
Institutions: European Parliament, Provisional data
Subjects: Austria, consumer information, consumer protection, discount store, discrimination on the basis of nationality, foodstuff, labelling, right of establishment

C 205 E/210

Official Journal of the European Communities

EN

29.8.2002

(2002/C 205 E/229)

WRITTEN QUESTION P-0744/02

by Pernille Frahm (GUE/NGL) to the Commission

(8 March 2002)

Subject: State aid for agriculture

Full credit is due to the Commission for intervening in the case of the unlawful state aid granted to
Portuguese pig producers, but will it now clarify its position on the aid the Council has decided to grant to
France and Italy for the destruction of wine?

Answer given by Mr Fischler on behalf of the Commission

(8 April 2002)

As far as the Council decisions referred to by the Honourable Member is concerned, the Commission has
made the following declaration in the Council:

The Commission in general has a negative attitude towards operating aids. Unilateral state aid
measures which are simply intended to improve the financial situation of producers but which in no
way contribute to the development of the sector, and in particular aids which are granted solely on
the basis of price, quantity or unit of production are considered to constitute operating aids which are
incompatible with the common market. Furthermore, by their very nature, such aids are also likely to
interfere with the mechanisms of the common organisations of the market.

The new wine market organisation has only been in force since 1 August 2000. It reflects the
common position of Member States to what kind of financial support is sufficient and necessary for
the wine market to function. It is worrying that already now Member States resort to granting
additional national aids of a type which can usually not be authorised by the Commission, because
they are pure operating aids which do not bring about any structural improvement in the sector.

There is a serious risk of distortion of competition between Member States if such a state aid is
authorised without any check or obligation whether these aids are linked to structural measures. There
will be pressure on the other Member States to follow suit, and also grant aids. The incentive for
farmers to undertake structural reform under the wine market organisation will decrease.

The Commission reserves the right to ask the Court of Justice for the annulment of the Council’s
decision.

At this stage, the Commission has not yet decided whether it will seek annulment of the Council’s decision.

(2002/C 205 E/230)

WRITTEN QUESTION P-0746/02

by Wolfgang Ilgenfritz (NI) to the Commission

(11 March 2002)

Subject: Labelling of foodstuffs

An Italian discounter wishes to open a discount store in Carinthia (Austria) and now needs to know how
foodstuffs must be labelled so that they can be sold in Austria.

Pursuant to Article 3(1) of the Foodstuffs Labelling Regulation 1993 4 LMKV, BGBl Nr 72, as most
recently amended by Regulation BGBl II Nr 462/1999, labelling information must be easy to understand
and must be easily visible and clearly legible and applied indelibly to the packaging or a label attached
thereto.

29.8.2002

EN

Official Journal of the European Communities

C 205 E/211

I am forwarding to the Commission a letter from the Federal Ministry for Social Affairs and Generations
which indicates that an easily understood language in Austria is German, and that labelling in Austria must
therefore be in German.

In my opinion, the requirement to label foodstuffs in the national language constitutes discrimination
against the Italian discounter.

Will the Commission therefore state whether the requirement for food to be labelled in the national
language is compatible with EU law? If it is not, what labelling requirements must the Italian discounter
comply with? (Where must the labelling be affixed? In which language must it appear? What are the legal
provisions governing compulsory labelling in the European Union?)

Answer given by Mr Byrne on behalf of the Commission

(29 April 2002)

Directive 2000/13/EC (1)
labelling particulars of foodstuffs must appear.

lays down,

in Article 16, the rules applicable to the language in which the

Basically, these provisions stipulate that labelling particulars must appear in a language that is easily
understood by consumers, and allow the Member State in which the product concerned is marketed to
stipulate that, on its territory, these labelling particulars must be provided at least in a given language from
among the official languages of the Community.

The obligation for labelling particulars to appear at least in German on Austrian territory therefore seems
to be fully in keeping with the above-mentioned provisions, which are based on the requirement to inform
and protect consumers.

(1) Directive of the European 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 (OJ L 109, 6.5.2000).

(2002/C 205 E/231)

WRITTEN QUESTION E-0753/02

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

Subject: EU accession to the IATTC

(19 March 2002)

At its 63rd meeting held in Guayaquil (Ecuador) from 8 to 10 June 1999 the Inter-American Tropical
Tuna Commission noted the interest expressed by the EU in becoming a party to the Convention for the
Establishment of an Inter-American Tropical Tuna Commission and, with a view to making this possible,
reached agreement on a protocol amending the 1949 convention. The protocol’s entry into force, which
will enable the EU to become a party to the convention, is subject to ratification by all the parties to the
convention, who expressed a willingness to take the necessary steps to ensure that the internal ratification
procedures were completed as soon as possible.

To date, only seven (Ecuador, United States, Nicaragua, Mexico, Panama, France and Vanuatu) of the twelve
contracting parties have signed the protocol, and none of them have ratified it.

This situation, which is preventing the EU from acceding to the convention, is severely damaging the
interests of the Community tuna fishing fleet in the eastern Pacific, given that it is unable to operate freely
4 as it has a right to do 4 in the area, and is being discriminated against in that it is obliged to comply
with all IATTC resolutions without being able to discuss or object to them.

Can the Commission provide details of the factors and countries that are continuing to prevent the EU
from acceding to the convention, despite the fact that its application dates back to 8 June 1999?

What steps has it taken or does it intend to take to speed up the EU’s accession to the convention?