VOL. VI, No4 - 1996
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INFO PUBLICATION OF DG XXIV 'CONSUMER POLICY' OF THE EUROPEAN COMMISSION - VOL. VI, No4 - 1996 INFOC helps link the enshrined in Article 129a of European Commission, and EDITORIAL the EC Treaty, notably the Community institutions provides that Community generally, with the various action shall support and players in the world of By Emma Bonino, supplement the information consumer affairs, particularly European Commissioner responsible policy pursued by the the consumer organizations. for consumer policy Member States. Pooling of But its range extends well experience between the beyond the frontiers of the national authorities respon European Union, since it has sible for consumer issues, subscribers in more than in which the Commission 70 third countries. It is also a has its role to play, should forum for the exchange of be one strand of this policy. views on topical consumer issues. This is most welcome Here INFOC has a role to and from now on I hope to play. Naturally its pages are contribute more frequently to already open to infor INFOC and to the debates it mation from the Member features. States, but I would it like it to allocate even more Moreover, the Community's column inches to the consumer policy, which is initiatives big or small INFO-C Summary European Commission DG XXIV 'Consumer Policy' rue de la Loi 200 Consumer Protection 3 Β- 1049 Brussels Tel.: +32 2 296 55 37 Euro-Infos 12 Fax: +32 2 299 18 57 Editor: Countries 19 Nicolas Genevay Date : Case Law 31 Texts finalized 15.07.96 ISSN N0IOI8-5755 Publications 32 August 96 Diary 44 Bureau de dépôt : Antwerpen Χ . Imprimé à taxe réduite INFO-C 4/AUGUST 96 taken by the national authorities, Moreover, after the summer 3 September, and public services, in order to cast more light on their break, several topics which I which will be the subject of consumer policy. Naturally, this want to be treated as Commis- another forum in Rome on 4 and cannot be done without the help sion priorities for 1996-1998 will 5 October, of the authorities themselves, be at the hub of Community and therefore I urge them to do activity, notably the information I wish a good homecoming and their bit. society, which will be the subject every success in their work to all of a forum in Dublin on INFO-C readers. INFO-C 4/AUGUST 96 CONSUMER PROTECTION A healthy diet for consumers On 25 and 26 June the 5th European order to establish or reestablish this results of these controls. Each year Food Law Conference was held in confidence. millions of animal carcasses are Brussels - an opportunity for Emma examined, tens of thousands of Bonino to give a talk on product There are at least four points to be products are tested, thousands of safety, which is summarized below. addressed: product liability, controls, establishments are inspected... but the the impact of the law, and the search results of these activities are not While food production is becoming for alternative solutions. sufficiently known to the public. This increasingly sophisticated as a result of lack of transparency can only kindle rapid technological progress, and First, product liability. A large number consumer distrust. while stable or even falling prices of quality and safety problems allow an increasing number of encountered by consumers concern In my view consumer organizations consumers to buy products which up unprocessed agricultural produce or should be entitled to participate in to now were the privilege of a few, the produce of hunting or fishing. In' official controls, in line with modalities these consumers are increasingly contrast with processed goods, which to be defined, and consumers should concerned about their health and are covered by a Community Directive have the right to know the results. safety. on product liability that allows damages to be recovered without the Thirdly, the impact of'the law. In DG XXIV-funded surveys conducted in victim having to prove the producer's Community law food safety is not recent years by European consumer negligence, there is no such remedy in addressed as such, but is as a rule organizations have shown that for the case of unprocessed produce linked to quality. Indeed, with the some food safety is far from optimum unless the Member State in which the exception of the 1992 Directive on and consumer health may sometimes producer is established has decided general product safety, safety is even be in jeopardy. Examples otherwise. regulated on a piecemeal basis in abound: contamination of chicken several Community Directives and meat by salmonella and Campylo• Personally I think that the systematic regulations, such as those concerning bacter, inadequate microbiological extension of the principle of no-fault additives, flavourings, sweeteners, quality of certain processed foods, liability to agricultural products would foodstuff colouring agents, contami• presence of residues of banned, help to (re)establish consumer nants, pesticides, extraction solvents, anabolic substances in beef, presence confidence. materials and articles coming into of nitrates in certain vegetables, contact with foodstuffs, hygiene, food inadequate hygiene and freshness of Secondly, controls. So-called official processing methods, or again new fish, etc. controls are a matter for the Member foodstuffs. States. However, not all have the same Naturally the Commission is not resources at their disposal, so that, even Wouldn't it be better to opt for a standing idly by. It wants the in the Single Market, consumers in diffe• homogeneous approach, hence applicable laws to be reinforced; but rent European countries do not always avoiding all the useless duplications of what clout will such measures have if enjoy the same level of protection. effort as well as the gaps? their implementation is not policed? In my view the Commission should For example, the European consumer Hence we are facing a crisis of urge the Member States to implement organizations' survey on the bacterio• confidence which concerns both food coordinated inspection programmes, logical quality of chicken meat focused and Community law. as permitted by Community legislation. on the shortcomings in the way the general rules mesh with the sectoral Here are a number of ideas on the On the other hand, there is the rules. In this case two sectoral strands I think we should explore in question of consumer access to the directives applied, one to fresh INFO-C 4/AUGUST 96 CONSUMER PROTECTION poultrymeat and the other to protec The information on the label has a However, we should be wary of tion against certain zoonoses, but two safety dimension. Even if all possible certain perverse effects. Hence directives of a general nature were also precautions are taken at all stages in labelling that identifies a product's involved, viz. the directives on hygiene the production, transformation and origin may retard the development of and the official control of food. marketing of food, there remains the intra-Coriimunity trade. Generally, the consumer himself. For it is the multiplication of labels runs up against Wouldn't it be more effective to consumer who - because of his inex a dual limit - a physical limit, that of consolidate the general hygiene rules perience or susceptibility to food fads the size and shape of the supports and applicable to all foodstuffs in one text and advertising pressures - is the weak packaging, and a psychological limit, of a general nature, while relegating to link in the food chain! namely consumers' capacity to take the annexes the specific rules required cognisance of, understand and benefit that are currently located in the For example the problem of allergies from the mass of information offered to sectoral texts? illustrates the need to provide more them. labelling information. Allergies pose a Fourthly, the search for alternative particular dilemma in this regard, in The forthcoming presentation by the solutions. We must consider the need that the number of potential allergenic Commission of a Green Paper on to overhaul the model of agricultural substances is unlimited, while the Community food law will provide an development which we have known number of individuals affected by a opportunity to address all these topics for several decades. given allergenic substance is often very small and so the possibilities of I am convinced that a more prominent creating appropriate labelling are role must be given to organic considerably reduced. Nonetheless, production and that every opportunity solutions must be found, as the must be given to producers who wish Commission has emphasized in its Contact: Roland Feral priorities for 1996-1998 in the field of to move in this direction, which to European Commission - DG XXIV some degree can help guarantee better consumer policy, because this is a case rue de la Loi 200 quality and more safety for consumers. where the consumers concerned can RP3 7/6 really make the most of labelling Β = 1049 Brussels information. Tel.: +32 2 295 8415 Finally, I would like to make a number Fax.: +32 2 29918 56 of points on food labelling. Email: [email protected] INFO-C 4/AUGUST 96 CONSUMER PROTECTION Consumer policy must be part of development policy On 7 May, Emma Bonino addressed populations from being offered medications, how to dispose of the first African Conference on dangerous products or products whose household refuse, how to recycle Consumer Policy, organized by the shelf-life has expired, being abused by urban waste, the advantage of buying UN Department of Policy Coordination misleading advertising or having their local products, etc., as well as helping and Sustainable Development and the habitat destroyed by unbridled to make drinking water available to African Regional Bureau of Consumers wastage of natural resources, and on more people and take children off the International in Harare, Zimbabwe.