WRITTEN QUESTION E-3302/02 by Francesco Fiori (PPE-DE) to the Commission. Bioterrorism Act.
Date: 2002-11-21
Institutions: European Parliament, Provisional data
Subjects: United States, common commercial policy, food safety, foodstuff, national law, technical barriers to trade, terrorism, traceability, trade relations

C 11 E/46

Official Journal of the European Union

EN

15.1.2004

(2004/C 11 E/047)

WRITTEN QUESTION E-3302/02

by Francesco Fiori (PPE-DE) to the Commission

(21 November 2002)

Subject: Bioterrorism Act

The complex procedure laid down in the Bioterrorism Act means that a given food product can be traced
from the moment it is packaged until it is distributed on the US food market, the aim being to limit the
possible impact on public health of terrorist acts carried via the food chain. The US took these steps for
obvious reasons.

There is nevertheless a certain amount of concern about the effects these provisions may have on
international trade and possible barriers which may jeopardise trade relations with the US, one of the most
important markets for Italian quality food products (pasta, olive oil and cheeses).

The law directly affects the interests of
repercussions, in particular for SMEs.

the Italian agri-foodstuffs industry and may have negative

How does the Commission intend to prevent the creation of artificial barriers to trade and excessive
complications for export firms?

Answer given by Mr Lamy on behalf of the Commission

(19 December 2002)

The Commission is aware of the procedures laid down in the American Bio-terrorism Act (BTA) signed
into law on 12 June 2002. This legislation is part of the overall effort by the American government to
provide appropriate prevention measures against terrorist threats using the food chain or other channels.
On all these issues, including protection against bio-terrorism, the Commission has adopted a consistent
approach with the American government based on the need to achieve an appropriate level of security in
the least trade restrictive manner. This position is in line with the spirit of the World Trade Organisation
(WTO) agreement and the trade facilitation objectives of the Doha Development Agenda.

food facilities, establishment and maintenance of records, prior notice of

On 30 August 2002, in view of the potential trade restrictiveness of the measures provided for in the BTA
(registration of
imports,
administrative detention), the Commission and Member States conveyed preliminary comments in writing
to the American Food and Drug Administration (FDA) to express concern with respect to both content
and procedure involved in this legislation and to highlight that some of the proposed precautions will
substantially affect trade flows without necessarily achieving the expected result.

Ultimately, the BTA provides for implementing measures to be adopted by 12 December 2003. The FDA
is currently in the process of drafting proposed regulations to be published by the end of 2002. The
Commission will at that stage make full use of both the American formal rule making process and the
WTO SPS procedure to make its views known further on the specific details of the FDA proposals.

(2004/C 11 E/048)

WRITTEN QUESTION E-3323/02

by Dana Scallon (PPE-DE) to the Commission

(25 November 2002)

Subject: EU competency

Regarding development policy can the European Union implement or support
the implementation,
including with financial assistance, of activities carried out by organisations working in non-EU countries
on matters in which the EU does not have any legal competence?