WRITTEN QUESTION E-2106/03 by Christopher Huhne (ELDR) to the Commission. Food legislation.
Date: 2003-06-25
Institutions: European Parliament, Provisional data
Subjects: aid to disadvantaged groups, chain store, food safety, foodstuffs legislation

6.2.2004

EN

Official Journal of the European Union

C 33 E/217

It therefore seems appropriate to reconsider the use of fishmeal in ruminant feed only when improved
control measures are available or in the light of new scientific developments and, where appropriate, the
outcome of a risk assessment.

A Commission working document outlining the state of play of the feed ban will be forwarded to the
Parliament and the Council in the coming weeks.

(1) Commission Decision 2001/9/EC of 29 December 2000 concerning control measures

the
implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to
transmissible spongiform encephalopathies and the feeding of animal, OJ L 2, 5.1.2001.

required for

(2) Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to

transmissible spongiform encephalopathies and the feeding of animal protein, OJ L 306, 7.12.2000.

(2004/C 33 E/221)

WRITTEN QUESTION E-2106/03

by Christopher Huhne (ELDR) to the Commission

(25 June 2003)

Subject: Food legislation

Can the Commission state whether there is any legislation that prevents some British food chain stores
from donating food to charities that they would normally throw away?

Answer given by Mr Byrne on behalf of the Commission

(23 July 2003)

The general principles and requirements of food law are laid down in Regulation (EC) No 178/2002 of the
Parliament and of the Council of 28 January 2002 (1), which covers all stages of production, processing
and distribution to the final consumer.
food safety
obligation (2):

In particular, article 14 establishes a general

1.

2.

Food shall not be placed on the market if it is unsafe

Food shall be deemed to be unsafe if it is considered to be:

(a)

injurious to health;

(b) unfit for human consumption.

Circumstances, which shall be taken into account in determining whether any food is unsafe, injurious to
health or unfit for human consumption, are laid down in paragraphs 3 to 9 of the same article.

Article 3.8 of the said Regulation defines ‘placing on the market’ as the holding of food or feed for the
purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not,
and the sale distribution and other forms of transfer themselves.

The donation of food by a food chain store to charities constitutes a form of free of charge transfer of
it must be considered as placing on the market and as such is subject to the
food. Consequently,
requirements established in the aforementioned article 14.

It follows that, in the light of article 14 of Regulation (EC) No 178/2002, food business operators may not
donate to charities food, which they would normally throw away because of non-compliance of the food
in question with the food safety requirements.

C 33 E/218

Official Journal of the European Union

EN

6.2.2004

it should be noted that article 14 of Regulation (EC) No 178/2002 does not prevent food
However,
business operators from donating to charities safe food, which they would normally throw away, because
of its non-compliance with private quality standards voluntarily adopted by the operators in question.

(1) OJ L 31, 1.2.2002.
(2) Although, according to the Regulation, article 14 shall apply only from 1 January 2005, it should be considered to
apply also at present, given that it does not create a new legal obligation for food business operators but it simply
confirms an overriding principle of food legislation. In any case, until 1 January 2005, the general food safety
requirement is covered by the equivalent provisions (article 3) of the general product safety Directive 92/59/EEC,
which will be repealed the 15 January 2004 by Directive 2001/95/CE. The provisions of this Directive apply in so
far as there are no specific Community rules governing the products concerned.

(2004/C 33 E/222)

WRITTEN QUESTION P-2107/03

by Isabelle Caullery (UEN) to the Commission

(18 June 2003)

Subject: Non-governmental organisations in Moldova

Can the Commission tell us which types of programme, project and/or budget lines can be called upon to
support the activities in Moldova of NGOs set up under Moldovan law?

Can it also state the criteria that the NGOs must meet before they can apply for subsidies from the
European Union?

Answer given by Mr Patten on behalf of the Commission

(29 July 2003)

The Commission is committed to supporting non-governmental organisations (NGOs) directly, through
projects and grants, and to involving them whenever possible in its initiatives.

The Delegation of the Commission to Ukraine, Moldova and Belarus is running a programme for small
grants to NGOs in the framework of the European Initiative for Democracy and Human Rights.
In
addition, the Institutional Building Partnership Programme (IBPP) is designed to strengthen NGOs and
other local
initiatives through partnership with similar bodies in the Union and neighbour countries.
Refinancing the IBPP is foreseen in the draft Action Programme (AP) 2003 for Moldova.

The draft AP 2003 for Moldova also envisages:

(cid:1) a project to support civil society which aims to increase the influence of civil society in political life

and to provide well-targeted support to the social sector through civil society organisations;

(cid:1) four different projects will be implemented with the Council of Europe, aimed at strengthening the
protection of human rights in Moldova. The projects cover training of judges, lawyers, prosecutors,
trade unions, NGOs and law students in human rights. They also cover assistance in the
implementation of
the Revised European Social Charter and assistance in strengthening local
democracy.

The Community is furthermore providing financial support through the United Nations Development
Program (UNDP) for actions against trafficking in human beings and women, and tackling the various
aspects of drug use and trafficking. Both actions have a heavy involvement of NGOs.