WRITTEN QUESTION E-3730/02 by Erik Meijer (GUE/NGL) to the Commission. Measures to combat imports of American foodstuffs which are not labelled as to their composition and origin and which contain genetically modified ingredients.
Date: 2002-12-19
Institutions: European Parliament, Provisional data
Subjects: United States, application of EU law, consumer information, food inspection, foodstuff, foodstuffs legislation, genetically modified organism, originating product, surveillance concerning imports

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Official Journal of the European Union

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Negotiations on both trade co-operation and political matters began in parallel on 12 December 2002.
On that occasion, the EU explained the linkage between the commercial and the political aspects of EU-
Iran relations, and it would seem that Iran agreed to regard the future contractual relations between the EU
and Iran as a package.

In addition to the above, in December 2002 the EU and Iran set up a Human Rights Dialogue with the
participation of experts, NGOs and government officials.

As to the specific question, the Council would remind the Honourable Member that the Mujahedin-e Khalq
Organisation (MeK or MKO) is on the EU list of persons and groups involved in terrorist acts as referred to
in Common Position 2001/931 (1) as amended. The Community and the Member States are committed in
this respect.

Regarding the NCRI, the Council takes note of the Honourable Member’s position. At this point in time,
the Council has no concrete plans regarding the NCRI.

(1) OJ L 344, 28.12.2001.

(2003/C 222 E/119)

WRITTEN QUESTION E-3730/02

by Erik Meijer (GUE/NGL) to the Commission

(19 December 2002)

Subject: Measures to combat imports of American foodstuffs which are not labelled as to their composition

and origin and which contain genetically modified ingredients

1.
Is the Commission aware that the Netherlands Food Inspection Department, now part of the new
Food and Drugs Authority (FDA), faces a heavy workload in determining whether imported foodstuffs
contain genetically modified ingredients and what proportion of the foodstuffs those ingredients make up,
in particular because US rules make no distinction between natural foodstuffs and genetically modified
foodstuffs, three-quarters of US foodstuffs contain genetically modified ingredients and information about
genetic material is lacking in America?

Does the Commission know whether organisations in other Member States which are responsible for

2.
monitoring food safety also find the work of checking imports very time-consuming?

3. What action is the Commission taking to convince bodies such as the FDA that the checking of
genetically modified foodstuffs is nevertheless entirely feasible, on the basis of scientific tests or systematic
documentation?

4.
Does the lack of US rules on the protection of consumers who do not wish to buy genetically
modified products imply that more checks have to be carried out within the EU than would be necessary if
the US were to cooperate, given that it would not be safe to assume that all exporting firms outside
Europe act in good faith and cooperate voluntarily?

Does the Commission point out, in trade talks with the US, that US foodstuffs may be denied access
5.
to EU countries in the future, on the grounds that the lack of prior information on the composition of
foodstuffs necessitates stringent, and therefore expensive, checks by the public authorities, and that even if
imports are approved the unnecessary costs generated will be passed on to the exporting firm?

6.
Do such problems arise solely in connection with the two approved products, maize and soya beans,
which had already been granted access to the EU market as foodstuffs or feedingstuffs before 1998, on the
basis of Directive 90/220/EEC (1), or will future imports covered by Regulations (EC) Nos 1139/98 (2), 49/
2000 (3) and 50/2000 (4) or the future regulations COM(2001) 425 (5) and COM(2001) 182 (6) also be
affected?

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In the light of the questions in paragraphs 1, 4 and 5, in addition to the existing rules and the new
7.
Directive 2001/18/EC (7) does the Commission regard further supplementary measures as necessary so that,
in the near future, proper, comprehensive assessments as to the presence of genetically modified
substances in foodstuffs can be carried out and adequate information about such substances provided?

Source: The Netherlands daily newspaper ‘Trouw’, 4.12.2002.

(1) OJ L 117, 8.5.1990, p. 15.
(2) OJ L 159, 3.6.1998, p. 4.
(3) OJ L 6, 11.1.2000, p. 13.
(4) OJ L 6, 11.1.2000, p. 15.
(5) OJ C 304 E, 30.10.2001, p. 221.
(6) OJ C 304 E, 30.10.2001, p. 327.
(7) OJ L 106, 17.4.2001, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(10 February 2003)

The responsibility for control and inspection of food, including genetically modified (GM) food, lies with
the Member States. Missions are carried out in Member States by the Commission’s Food and Veterinary
Office in order to evaluate official control systems on foods consisting of or produced from genetically
modified organisms. The reports of these missions are published on Internet: http://europa.eu.int/comm/
food/fs/inspections/fnaoi/reports/genetic_mod_nov_food/index_en.html.

In 2001, the Commission proposed a Recommendation for a coordinated control programme focusing
inter alia on GM food. The proposal received the unanimous support of the Member States in the meeting
of the Standing Committee on Food on 17/18 December 2001 and is published in the Official Journal of
the European Communities (1).

The coordinated control programme does not specify sampling and/or inspection rates, but recommends
that Member States should ensure that they are sufficient to provide an overview of the subject in each
Member State. According to the Recommendation, Member States should provide information to the
Commission on the results of the inspections and controls by 1 May 2003. The results may provide
information and experience on which to base future control activities.

Operators who import food into the Community are responsible for ensuring that the products meet the
requirements of the applicable Community legislation,
(EC)
No 1139/98 (3), (EC) No 49/2000 (4) and (EC) No 50/2000 (5) as well as Regulations to be adopted in the
future on the basis of Commission proposals.

including Regulations (EC) No 258/97 (2),

The authorities of the Member States may impose sanctions on food produced within the Community and
food imported into the Community that do not comply with Community legislation. However, it would
not be possible to deny a product access to the European market because it needs to be controlled for its
compliance with Community legislation.

The Commission proposal on traceability and labelling of genetically modified organisms (GMOs) and
traceability of food and feed produced from GMOs provides that the Commission shall develop guidelines
on sampling and testing to facilitate a coordinated approach in the Community concerning inspection and
control measures to ensure compliance with the Regulation.

When finally adopted by the Council and the Parliament, the genetically modified (GM) food and feed
Regulation will replace Regulations (EC) No 258/97, (EC) No 1139/98, (EC) No 49/2000 and (EC) No 50/
2000. The Proposal for a Regulation on GM food and feed establishes that applicants have to provide a
method for detection of the product, which will be forwarded to the Community Reference Laboratory for
validation prior to granting authorisation.

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The Joint Research Centre, which the Commission has proposed to be the future Community Reference
Laboratory, has already established a network of genetically modified organisms (GMO) laboratories in the
Member States with the main objective of developing validated detection methods and to discuss technical
issues related to sampling, identification and quantification of GM material.

All of these initiatives will further facilitate the control and inspection of GM food carried out by the
Member States.

The dialogue with third countries on GM food, including the United States, takes place in different fora at
various levels. Standards, guidelines and recommendations for regulating GM food, including the labelling
of such products, are discussed within Codex Alimentarius, notably in the Codex Committee on Food
Labelling and in the Codex Task Force on Foods derived from Modern Biotechnology. In this context as
well as in other fora, the Commission is promoting and defending the regulatory approach agreed in the
Community.

The United States as well as other third countries are well informed about our forthcoming legislation. The
Commission proposal on GM Food and Feed has been notified to the World Trade Organisation (WTO),
Sanitary and Phytosanitary Measures (SPS) and Technical Barriers to trade (TBT) committees. Several
countries, including the United States, have made comments to which the Commission has responded. The
Commission response
available on web-site: http://europa.eu.int/comm/food/fs/gmo/gmo_ongoi-
nit_en.html.

is

(1) Commission Recommendation of 25 January 2002 concerning a coordinated programme for the official control of

foodstuffs for 2002 (cid:1) OJ L 26, 30.1.2002.

(2) Regulation (EC) No 258/97 of the Parliament and of the Council of 27 January 1997 concerning novel foods and

novel food ingredients (cid:1) OJ L 43, 14.2.1997.

(3) Council Regulation (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication of the labelling of
certain foodstuffs produced from genetically modified organisms of particulars other than those provided in
Directive 79/112/EEC.

(4) Commission Regulation (EC) No 49/2000 of 10 January 2000 amending Council Regulation (EC) No 1139/98
concerning the compulsory indication on the labelling of certain foodstuffs produced from genetically modified
organisms of particulars other than those provided for in Directive 79/112/EEC.

(5) Commission Regulation (EC) No 50/2000 of 10 January 2000 on the labelling of foodstuffs and food ingredients
containing additives and flavourings that have been genetically modified or have been produced from genetically
modified organisms.

(2003/C 222 E/120)

WRITTEN QUESTION P-3748/02

by Francesco Speroni (NI) to the Council

(13 December 2002)

Subject: Population of the Member States

The protocols annexed to the Treaty of Nice refer to the ‘total population of the Union’ without clarifying
the meaning of the term.

As far as the Union is concerned, does the term apply only to the total number of residents who are Union
citizens or does it denote the total number of residents including those who are not Union citizens, or
some other body of residents?

When calculating the total population of the Union, how are Union citizens living outside the Union
factored in? For the purposes of the 62 % quorum, is the population of individual Member States calculated
with reference to:

(a) all residents of the Member State in question, irrespective of their nationality;

(b) all residents who are nationals of that Member State or another Member State;

(c) nationals of that Member State living on its territory and no other citizens;