WRITTEN QUESTION E-0604/04 by Saïd El Khadraoui (PSE) to the Commission. Sale of foodstuffs that are past their sell-by dates.
Date: 2004-02-27
Institutions: European Parliament, Provisional data
Subjects: consumer protection, discount sale, food safety, labelling, perishable goods, supermarket, trade regulations

3.4.2004

EN

Official Journal of the European Union

C 84 E/435

(2004/C 84 E/0506)

WRITTEN QUESTION E-0603/04

by Saïd El Khadraoui (PSE) to the Commission

(27 February 2004)

Subject: Marking down foodstuffs for quick sale

Foodstuffs whose sell-by date is approaching are sold off cheaply by a number of stores. The Belgian
consumer association Test-Achat bought 31 highly perishable items such as mince and chicken salad that
were being marked down for a quick sale. Tests showed that seven of the samples were unfit for human
consumption.

Does the Commission intend to introduce a ban on the marking down of highly perishable foodstuffs for
quick sales?

If so, when will it be able to provide more information about this?

If not, why not?

(2004/C 84 E/0507)

WRITTEN QUESTION E-0604/04

by Saïd El Khadraoui (PSE) to the Commission

(27 February 2004)

Subject: Sale of foodstuffs that are past their sell-by dates

Some supermarkets in Belgium sell foodstuffs that are past their sell-by dates. This is not illegal when the
products are marked ‘best before’, but is illegal for products marked ‘use by’.

Does the Commission intend to introduce a ban on the sale of foodstuffs that are past their sell-by dates?

If so, when will it be able to provide more information about this?

If not, why not?

Does the Commission consider that
the differences between ‘best before’ and ‘use by’ should be
maintained? What does it think about the possibility of having only one such indication and prohibiting
the sale of foodstuffs when that date has expired?

Joint answer
to Written Questions E-0603/04 and E-0604/04
given by Mr Byrne on behalf of the Commission

(25 March 2004)

The general principles of food legislation are contained in Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 (1), which specifically states that food shall not be placed
on the market if it is unsafe, i.e. if it is deemed to be injurious to health or unfit for human consumption.

The practice of selling off foodstuffs at a reduced price must comply with this principle and with the
requirements of the legislation in force, particularly hygiene and food labelling legislation. Accordingly, the
Commission does not see any reason to ban this practice in principle.

It is the responsibility of the competent national authorities to carry out checks to ensure that the relevant
legislation is observed.

In view of the potential risks of this practice, as described by the Honourable Member, the Commission
also feels that special requirements might be justified,
the
point of sale.

for example consumer information at

C 84 E/436

Official Journal of the European Union

EN

3.4.2004

In line with the principle of subsidiarity, such requirements may be drawn up and imposed by the Member
States.

As regards the sale of out-of-date foodstuffs, the distinction made between ‘best before …’ (minimum
(final date for consumption) ensues directly from the Community
durability date) and ‘use by …’
legislation (2).

The minimum durability date or (in the case of foodstuffs that are highly microbiologically perishable) the
final date for consumption must be indicated to the consumer in all cases.

The minimum durability date is the date until which foodstuffs retain their specific properties when
properly stored. Foodstuffs may therefore be consumed, and sold, after this date, as the consumer is able to
check the date and decide whether or not to purchase the product. This date is indicated after the words
‘best before …’ or ‘best before end of …’

In the case of highly microbiological perishable products, the final date for consumption is the date after
which the product must not be consumed and logically cannot be sold as it is likely to harbour
microbiological risks or organoleptic impairments. This date is indicated after the words ‘use by …’

In order to avoid any risk of error by the consumer, the Commission feels it is necessary to maintain a
distinction between foodstuffs with long durability (in some cases several years) and those which must be
consumed quickly.

However,
in connection with future developments and any reforms it might propose to labelling
legislation, the Commission will examine whether the meanings of the dates used in food labelling need to
be clarified and, if so, how.

(1) Regulation (EC) No 178/2002 of the European 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, OJ L 31, 1.2.2002.

(2) Directive 2000/13/EC of the European 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. Most recently amended by Directive 2003/89/EC of the European Parliament and of the Council of
10 November 2003, OJ L 308, 25.11.2003.

(2004/C 84 E/0508)

WRITTEN QUESTION E-0605/04

by Albert Maat (PPE-DE) to the Commission

(27 February 2004)

Subject: Follow-up to question E-3005/02 on the European shipbuilding sector

In respect of the aid of approximately EUR 700 million granted by the Spanish government to the Spanish
shipbuilding sector, can the Commission answer following questions:

1. Was the Commission notified of this aid by the Spanish government?

2. Does the European Commission share the view that, given the scale of the Spanish shipbuilding

industry, the amount has to be regarded as disproportionate?

3. Does the European Commission not agree that a thorough investigation is required into the action by
the Spanish Government, which potentially involves a distortion of competition and, above all, into
how the Spanish shipbuilding industry calculates its cost prices? Has the Commission already begun
such an investigation and, if not, when will it do so?

4.

In view of the seriousness of the general situation in the European shipbuilding sector, is the European
Commission prepared to set up a crisis team that can respond quickly and monitor measures taken by
Member States, in order to prevent unfair competition on the European internal market?