Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Former Responsible Committee | ENVI | SCHNELLHARDT Horst ( PPE) |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 100A, RoP 163
Legal Basis:
EC before Amsterdam E 100A, RoP 163Events
The rapporteur, Mr Schnellhardt (EPP, D), thought that the conciliation process had turned out very well for Parliament and, by extension, for the consumer. The most important amendments were to be taken over by the Directive, and more especially the derogations granted were to be included directly in the final text together with those provisions relating to starch. The rapporteur concluded by recalling that Commissioner Bangemann had been in favour of a proposal for a directive on the labelling of alcoholic products. Commissioner Monti declared that the Commission had been won over by the current compromise and had welcomed the improvement in the information being provided to consumers and the fact that this directive would promote the free movement of foodstuffs within the single market. Finally, he said that the Commission had undertaken to present a new proposal for a directive on the labelling of alcoholic drinks.
Delegations from Parliament and the Council, sitting in the Conciliation Committee, reached an agreement on Wednesday evening on the labelling and advertising of foodstuffs. This agreement reflected Parliament’s commitment to the basic principle of free trade in the European Union, as had been set out in the ruling from the Court of Justice of 26 October 1996 on ‘béarnaise sauce’, while the Council, representing the Member States, apparently wished to restrict the scope of this decision. The Court of Justice had in fact taken the view that Germany had infringed Article 30 of the EC Treaty, which prohibited quantitative restrictions on imports along with all measures of equivalent effect. In Germany the recipe for béarnaise sauce was traditionally based on butter and eggs. That country was now requiring that imported sauces produced using a different recipe should state ‘vegetable oil-based béarnaise sauce’ rather than the generic title ‘béarnaise sauce’. The Court took the view that Germany was not justified in requiring this form of labelling because it considered that the term ‘béarnaise sauce’ was sufficient information in itself. The conciliation text therefore stipulated that, apart from in exceptional cases, a product could be sold in other Member States under the legal name that applied to it in the country of production. However, in order to take account of pressure from certain Member States following the ‘béarnaise sauce’ ruling the compromise specified that the sales name could also feature other information affixed to it. The parliamentary delegation was insistent, however, that such measures could only be introduced insofar as the list of ingredients (and other provisions contained in the directive) did not allow consumers in the Member State in which the product was being marketed to check the true nature of the food product in question and if there was a risk of confusion with other products. For its part the parliamentary delegation considered that once the ‘béarnaise sauce’ ruling had clearly indicated that the list of ingredients should be sufficient to prevent any confusion on the part of the consumer, this descriptive information would not be applied. Moreover, the parliamentary delegation was of the opinion that the wording of the Treaty should prevail over any secondary legislation. In addition, in respect of persons suffering from allergies Parliament had obtained an agreement from the Council to the effect that products containing starches, which were also likely to contain gluten, should always be described with their specific vegetable origin. The Conciliation Committee met after Parliament had adopted five amendments to the common position previously adopted by the Council, this having been done at the second reading on 25 October 1995. However, the parliamentary delegation stressed that it would only recommend adoption in plenary if the Commission undertook to present a specific proposal on the labelling of alcoholic drinks, as these were not covered by the present Directive.
The Council noted that it was unable to agree to all the amendments made by the European Parliament to its common position on the amendment of Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. It therefore decided, together with the European Parliament, to convene the Conciliation Committee, pursuant to Article 189b of the Treaty.
The rapporteur stated that the aim was not to frighten consumers but simply to inform them, since the goal was to facilitate trade within the Union for both producers and consumers. The most important amendments related to the labelling of genetically modified organisms (Amendment No 4), and the labelling of alcoholic beverages, especially wine (Amendments Nos 6, 14, 15 and 16). Commissioner Bangemann confirmed that the Commission could take over Amendments Nos 2, 5, 11, 18, 19, and 21; it could not, however, take over Amendments Nos 3, 4, 6, 14, 15, 16, 17 and 22.
Documents
- Final act published in Official Journal: Directive 1997/4
- Final act published in Official Journal: OJ L 043 14.02.1997, p. 0021
- Text adopted by Parliament, 3rd reading: OJ C 020 20.01.1997, p. 0020-0028
- Text adopted by Parliament, 3rd reading: T4-0659/1996
- Decision by Parliament, 3rd reading: T4-0659/1996
- Debate in Parliament: Debate in Parliament
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0406/1996
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: OJ C 020 20.01.1997, p. 0004
- Report tabled for plenary, 3rd reading: A4-0406/1996
- Joint text approved by Conciliation Committee co-chairs: 3626/1996
- Joint text approved by Conciliation Committee co-chairs: 3626/1996
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1995)0631
- Text adopted by Parliament, 2nd reading: OJ C 308 20.11.1995, p. 0021-0030
- Text adopted by Parliament, 2nd reading: T4-0497/1995
- Decision by Parliament, 2nd reading: T4-0497/1995
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A4-0250/1995
- Committee recommendation tabled for plenary, 2nd reading: OJ C 308 20.11.1995, p. 0005
- Committee recommendation tabled for plenary, 2nd reading: A4-0250/1995
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1995)0941
- Council position: 06415/1/1995
- Council position: OJ C 182 15.07.1995, p. 0001
- Council position published: 06415/1/1995
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: OJ C 118 29.04.1994, p. 0006
- Modified legislative proposal: COM(1994)0024
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1994)0024
- Text adopted by Parliament confirming position adopted at 1st reading: OJ C 342 20.12.1993, p. 0015-0033
- Text adopted by Parliament confirming position adopted at 1st reading: T3-0683/1993
- Decision by Parliament, 1st reading: T3-0683/1993
- Committee final report tabled for plenary, 1st reading/single reading: OJ C 342 20.12.1993, p. 0003
- Committee final report tabled for plenary, 1st reading/single reading: A3-0365/1993
- Committee report tabled for plenary confirming Parliament's position: A3-0365/1993
- Reconsultation: EUR-Lex
- Reconsultation: COM(1993)0570
- Text adopted by Parliament, 1st reading/single reading: OJ C 315 22.11.1993, p. 0070-0097
- Text adopted by Parliament, 1st reading/single reading: T3-0533/1993
- Decision by Parliament, 1st reading: T3-0533/1993
- Decision by Parliament, 1st reading: EUR-Lex
- Decision by Parliament, 1st reading: COM(1991)0536
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: OJ C 255 20.09.1993, p. 0005
- Committee report tabled for plenary, 1st reading/single reading: A3-0219/1993
- Committee report tabled for plenary, 1st reading: A3-0219/1993
- Economic and Social Committee: opinion, report: CES1164/1992
- Economic and Social Committee: opinion, report: OJ C 332 16.12.1992, p. 0003
- Legislative proposal: EUR-Lex
- Legislative proposal: OJ C 122 14.05.1992, p. 0012
- Legislative proposal: COM(1991)0536
- Legislative proposal: EUR-Lex OJ C 122 14.05.1992, p. 0012 COM(1991)0536
- Economic and Social Committee: opinion, report: CES1164/1992 OJ C 332 16.12.1992, p. 0003
- Committee report tabled for plenary, 1st reading/single reading: OJ C 255 20.09.1993, p. 0005 A3-0219/1993
- Text adopted by Parliament, 1st reading/single reading: OJ C 315 22.11.1993, p. 0070-0097 T3-0533/1993
- Reconsultation: EUR-Lex COM(1993)0570
- Committee final report tabled for plenary, 1st reading/single reading: OJ C 342 20.12.1993, p. 0003 A3-0365/1993
- Text adopted by Parliament confirming position adopted at 1st reading: OJ C 342 20.12.1993, p. 0015-0033 T3-0683/1993
- Modified legislative proposal: EUR-Lex OJ C 118 29.04.1994, p. 0006 COM(1994)0024
- Council position: 06415/1/1995 OJ C 182 15.07.1995, p. 0001
- Commission communication on Council's position: EUR-Lex SEC(1995)0941
- Committee recommendation tabled for plenary, 2nd reading: A4-0250/1995 OJ C 308 20.11.1995, p. 0005
- Text adopted by Parliament, 2nd reading: OJ C 308 20.11.1995, p. 0021-0030 T4-0497/1995
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1995)0631
- Joint text approved by Conciliation Committee co-chairs: 3626/1996
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0406/1996 OJ C 020 20.01.1997, p. 0004
- Text adopted by Parliament, 3rd reading: OJ C 020 20.01.1997, p. 0020-0028 T4-0659/1996
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