WRITTEN QUESTION E-3781/02 by Jan Mulder (ELDR) to the Commission. Code of conduct for multinational undertakings which import foodstuffs.
Date: 2003-01-06
Institutions: European Parliament, Provisional data
Subjects: competition law, food safety, foodstuff, foodstuffs legislation, import, multinational enterprise

C 155 E/186

Official Journal of the European Union

EN

3.7.2003

Answer given by Mrs Reding on behalf of the Commission

(17 February 2003)

The rights of minorities are part of the principles listed in the first paragraph of Article 6 of the Treaty on
the European Union. These principles, which have been set out in various international conventions (1),
the European Union (2).
have been solemnly reaffirmed by the Charter of Fundamental Rights of
Article 21(1) of this Charter refers to the prohibition of discrimination based, among others, on ethnic
origin, language, religion or membership of a national minority, and Article 22 requires that the Union
respect cultural, religious and linguistic diversity. It should be noted, however, that Article 51 of the
Charter specifies that its provisions are addressed to the institutions and bodies of the Union with due
regard to the principle of subsidiarity, and to the Member States only when they are implementing
Community law.

These principles are enforced by means of the infringement proceedings provided for in Article 226
(former Article 169) of the EC Treaty and by the political procedure laid down in Article 7 of the Treaty on
the European Union. Under the former, the Commission may bring the matter before the Court of Justice
if the complaint comes within the scope of Community law: this is notably the case when the Member
State does not transpose a Directive correctly. Under the latter, if there is a serious or persistent breach of
the principles mentioned in Article 6 of the Treaty on the European Union, the Commission or one third
of the Member States may refer the matter to the Council, meeting in the composition of the Heads of
State or Government.

In the matter raised by the Honourable Member,
it would not appear that Community law has been
wrongly applied, nor does the Commission have, at this stage, information that would imply the existence
of a serious and persistent breach within the meaning of Article 7 of the Treaty on the European Union.

(1) See, for example, the UN International Covenant on Civil and Political Rights, Article 27 of which protects the
cultural life and languages of persons belonging to minorities. The Covenant has been ratified by all the Member
States.

(2) OJ C 364, 18.12.2000.

(2003/C 155 E/206)

WRITTEN QUESTION E-3781/02

by Jan Mulder (ELDR) to the Commission

(6 January 2003)

Subject: Code of conduct for multinational undertakings which import foodstuffs

With regard to the production of foodstuffs, the European Union applies environmental, animal welfare
and food safety standards which are different from those in other parts of the world. For example, the use
of meat-and-bone meal in cattle feed is prohibited in the EU. Those measures generally put European
farmers at a competitive disadvantage compared with farmers in other parts of the world.

Current WTO rules permit imports of foodstuffs, and not just raw materials, to be restricted in the event of
their presenting a manifest risk to public or animal health.

One possible way of resolving the problem of competitive disadvantage would be to negotiate, with
undertakings which import foodstuffs, a Code of Conduct whereby they would agree to import only those
products manufactured in accordance with production methods with standards as high as those in the
European Union.

1. What possibilities does the Commission see of such a Code of Conduct being drawn up?

2. What other possibilities does the Commission see of measures being taken in the near future, i.e.
before the conclusion of the WTO negotiations, which will reduce the competitive disadvantage of
European farmers?

3.7.2003

EN

Official Journal of the European Union

C 155 E/187

Answer given by Mr Byrne on behalf of the Commission

(18 February 2003)

Food and feed imported into the Community for placing on the market within the Community must
comply with the relevant requirements of Community law or conditions recognised by the Community to
be at least equivalent. Thus, there is already a considerable body of legislation and controls in place to
ensure the safety of imported food and feed, particularly products of animal origin. This has been
substantially updated and strengthened through the measures announced in the Commission White Paper
on food safety (1) of January 2000.

Subsequent to the White Paper, a number of major legislative initiatives have already been agreed.
Examples include Regulation (EC) No 178/2002 of the Parliament and of the Council of 28 January 2002
laying down the general principles and requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety (2), Regulation (EC) No 999/2001 of the
Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and
eradication of certain transmissible spongiform encephalopathies (3), and Regulation (EC) No 1774/2002 of
the Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-
products not intended for human consumption (4). Other major proposed regulations on food hygiene and
zoonoses are currently still under discussion in Council and Parliament while proposals on food and feed
controls and feed hygiene will be presented shortly.

This body of legislation includes important provisions aimed at ensuring that imports offer equivalent
levels of safety to domestically produced products. Where the Commission is satisfied that these provisions
are not respected, the appropriate measures are taken, including where necessary restrictions or bans of the
relevant food or feed products. The Commission is not of the view, therefore, that food safety is lower in
relation to imports than within the Community.

The legislation is also compatible with the Community’s international obligations, including its obligations
under the World Trade Organisation (WTO). This international framework ensures that the interests of the
Community exporters of foodstuffs are protected from measures, which are disproportionate, discrimina-
tory or unsupported by scientific evidence. However,
the
provisions at international level including in the WTO are not very developed. The Commission continues
to make the case for greater
recognition of animal welfare as a legitimate concern. The recent
communication (5) of the Commission to the Council and the Parliament on animal welfare in third
countries and the Implications for the Community provides a full account of these efforts.

in certain areas such as animal welfare,

The Commission does not foresee the negotiation of a code of conduct with undertakings, which import
foodstuffs. Provisions on food safety should be binding and enforceable. This would not be the case under
a code of conduct that is not legally enforceable. However, the Commission encourages such codes agreed
between the relevant parties as they can provide additional safeguards and information to both producers
and consumers outside a legislative framework.

The competitive position of European farmers in relation to third countries must be viewed in the context
of the Common Agriculture Policy reform and the long-term perspective for sustainable agriculture and
the on-going discussions on the Doha Development Round. It is the objective in both cases to create a
more competitive and sustainable system of European agriculture while providing the farming community
with financial aid decoupled from the production as well as other support measures in line with WTO
rules and ensuring comprehensive information to consumers.

(1) COM(1999) 719 final.
(2) OJ L 31, 1.2.2002.
(3) OJ L 147, 31.5.2001.
(4) OJ L 273, 10.10.2002.
(5) COM(2002) 626 final.