WRITTEN QUESTION E-2418/02 by Caroline Jackson (PPE-DE) to the Commission. Application of EU labelling legislation by the Dutch authorities.
Date: 2002-08-14
Institutions: European Parliament, Provisional data
Subjects: Netherlands, application of EU law, food safety, foodstuffs legislation, infringement of EU law, labelling, poultry, protein products

C 28 E/234

Official Journal of the European Union

EN

6.2.2003

that

the protection of

technological measures used by
The Commission would also like to recall
rightholders for the protection of their intellectual property is provided at the international level by the
World Intellectual Property Organisation (WIPO) Treaties of 1996 (the WIPO Copyright Treaty and the
WIPO Performances and Phonograms Treaty of 20 December 1996), as implemented at the European
Community level by Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of
copyright and related rights in the information society (2). This Directive obliges Member States to provide
adequate legal protection against the circumvention of any effective technological measures designed to
control the use of protected subject-matter, especially in the on-line environment. It also highlights the
crucial importance to safeguard a fair balance of rights and interests between the different categories of
rightholders and users of protected subject matter in the form of specific provisions to this end.

The Commission will continue to follow the American legislative process, and assess its potential
It will not fail to discuss any perceived problems with the American authorities, as

4.
consequences.
appropriate.

The prices of audio and video products such as CDs or DVDs are determined by the market. The
5.
Commission’s policies can only have an indirect
in particular through the
application of competition or internal market rules. As a matter of general principle, an act considered to
be an illegal acquisition of intellectual or tangible property cannot be justified by claiming that the price
for the lawful acquisition is perceived as being to high.

impact on such prices,

(1) COM(2002) 173 final.
(2) OJ L 167, 22.6.2001.

(2003/C 28 E/264)

WRITTEN QUESTION E-2418/02

by Caroline Jackson (PPE-DE) to the Commission

(14 August 2002)

Subject: Application of EU labelling legislation by the Dutch authorities

Is the Commission satisfied that the Dutch authorities are taking adequate steps to ensure that chicken
breasts with added water, or chicken breasts with added water and added animal or vegetable proteins,
which are being exported to the United Kingdom, are correctly described to comply with EU labelling law?

Answer given by Mr Byrne on behalf of the Commission

(9 October 2002)

The Commission was informed by the Irish Food Safety Authority in May 2002 that products labelled as
chicken fillets, which were manufactured in the Netherlands and put on the market in Ireland, did not
conform to Community requirements in various respects.

On 7 June 2002, the Commission wrote to the competent Dutch Ministers, to request the adoption
without delay of all the necessary measures to ensure that the products concerned comply with all
Community requirements. At a subsequent meeting of the Standing Committee of the food chain and
animal health, the Dutch authorities informed the Commission and the Member States of the measures,
which were consequently adopted.

The Commission considers that the labelling of these products was clearly an infringement of the

1.
Community legislation on the labelling of foodstuffs (1).

The chicken fillet products had been processed by the addition of proteins, water and other ingredients
and could not, therefore, be designated as ‘chicken fillets’, as this designation is restricted to fresh poultry
meat (2). In addition, added proteins, added water and the meat content had not always been indicated or
had been wrongly labelled.

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Official Journal of the European Union

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The addition of proteins (including bovine and porcine proteins) to fresh poultry meat with a view to
obtain a meat preparation, is not forbidden by Community legislation, provided that:

(cid:1) There are no legal requirements which specifically exclude their use for this category of products;

(cid:1) The added proteins are fit for human consumption;

(cid:1) The proteins are labelled according to the labelling provisions for ingredients.

The Commission considers that this ‘chicken fillets’ issue is primarily an infringement of food labelling
legislation. Therefore, the matter is the implementation and control of existing Community legislation. The
Dutch Authorities have committed to take the necessary means to ensure the above conditions are fulfilled
and to report periodically to the Commission and other Member States about the results of these measures.

2.

Follow up of the measures taken by the Dutch authorities.

In their reply of 12 July 2002, the Dutch authorities have informed the Commission of the measures they
have adopted, after inspections and analysis of the concerned products.

The labelling measures, especially the name of the product, the list of ingredients and the meat content,
seem suitable to provide consumers with adequate information on the real nature and the composition of
these products. The Dutch authorities have also put in place periodic official controls of the suitability and
food safety of the chicken fillets prepared by the Dutch companies concerned and have committed to
report their results.

The Commission will monitor the effectiveness of the adopted measures and review the situation within
the relevant committees.

(1) 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, OJ L 109, 6.5.2000.

(2) Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultry meat, OJ L 173,
6.7.1990 and Commission Regulation (EEC) No 1538/91 of 5 June 1991 introducing detailed rules for
implementing Regulation (EEC) No 1906/90, OJ L 143, 7.6.1991.

(2003/C 28 E/265)

WRITTEN QUESTION E-2424/02

by Alexandros Alavanos (GUE/NGL) to the Commission

(20 August 2002)

Subject: Annual leave of Greek workers

Article 7 of Presidential Decree 88/1999, which incorporates Directive 93/104/EC (1) concerning certain
aspects of the organisation of working time into Greek law, provides for paid annual leave for workers
after ‘continuous employment of at least twelve months’. Given the importance of annual leave for workers
and in the light of Article 7 of Directive 93/104/EC and the judgment of the Court of Justice in case
C-173/99, which ruled that it is not open to a Member State to adopt national rules under which a worker
leave until he has completed a minimum period of
does not begin to accrue rights to paid annual
employment, will the Commission say what measures it will take to ensure that Greek workers also receive
annual leave without restriction by reference to length of employment, as laid down by Directive 93/104/
EC and the judgment of the Court of Justice in case C-173/99?

(1) OJ L 307, 13.12.1993, p. 18.