Department of Food and Nutritional Biosciences
The University of Reading, UK

Food Law

EU Background Papers

Mr Frits Bolkestein: Member of the European Commission in charge of the Internal Market
An Internal Market for the benefit of citizens: Conference on Europe and Food Safety
Lisbon, 19 April 2000 (SPEECH/00/153)

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Ladies and Gentlemen,

I am pleased to be able to participate in this conference on food safety, a subject which is of great importance for all European citizens.

In recent years Europe has faced two major food crises - BSE and Dioxin - which have had a tremendous impact on European public opinion. There has been a severe decline in consumer confidence and, from an economic point of view, the industry has suffered a considerable blow.

The European Citizen of the Year 2000 is more aware, more sensitive and demands a higher level of quality and safety in what he or she eats than ever before. These expectations are legitimate. It is both our aim and our duty to address them.

We must restore citizens' confidence and, more fundamentally, we must make certain that they are offered safe food of high quality, which they have a right to expect. These issues lie at the very heart of our discussions today.

The White Paper on Food Safety recently adopted by the Commission states that a "comprehensive and integrated approach" is needed and, indeed, it is important that all concerned play their part.

The first element of such an approach involves the producers, whose goal should be to ensure the safety and quality of their production from "farm to table", as is rightly pointed out in the White Paper.

Secondly, the role of Member States is also important, in particular their obligations concerning market surveillance and those in respect of the common rules of the Single Market. These derive either from the EC Treaty or from secondary legislation.

Thirdly, there are the European Institutions, such as the European Commission, whose objective should be to adopt the most efficient and appropriate rules to ensure food safety in the Internal Market and ensure their full implementation.

Let me address, in more detail, these three points successively.

Since its creation, the Internal Market has enabled the food industry sector to develop considerably. The sector has benefited from access to the 370 million citizens who make up the Market. It plays a fundamental role in satisfying the needs of the consumer. It provides our economy with an annual production of 660 billion . It is also the third largest industrial employer of the European Union with over 2.6 million employees. European companies are also major actors on the international market.

Our common objective of food safety will not be achieved without the active participation and commitment of the Industry, which we need to re-establish consumer confidence.

I have already mentioned the responsibility of Member States as regards market surveillance. They are at the frontline. It is predominantly their national authorities who are confronted with dangerous products and have the responsibility to alert both their citizens and their European partners.

This task is not an easy one in a world of increasing consumer demand, where new technologies and sometimes new products are developed at breathtaking pace.

The question is how one should react to these new challenges?

One view is that the growing inter-penetration of our markets and the growing circulation of goods is increasing the potential risks. Therefore, protective measures at national level are indispensable.

Although it is clear that our main objective must be safeguarding the health of th e consumer, protectionist measures are not in my opinion the most suitable approach.

No contradiction exists between the free movement of goods, which is one the central achievements of the Single Market, and food safety.

The problems we currently face do not stem from the fact that products of different origins are available on our supermarket shelves, but from the fact that in more and more cases technology develops so quickly that there is insufficient time to verify all the consequences of our discoveries or inventions.

This is why I consider that the emphasis currently put on the application of the Precautionary Principle represents significant progress. As you may know, the Commission adopted, on 2nd February, a communication on this subject which provides an input into the ongoing debate on this issue and gives a framework for the implementation of the principle. In my view, the concept of precaution should be welcomed. We should be very careful, however, to avoid abuse of this principle, which would be in contradiction with the principles of proportionality and non-discrimination highlighted in the Commission's communication.

Protectionism, compartmentalisation of markets, limiting the choice of the consumer or hindering the development of more environmentally friendly processes are not constructive ways to address the legitimate concerns of citizens on food safety.

The common objective of a high level of food safety is one of the main tasks assigned by President Prodi to the Commission.

By adopting its White Paper on Food Safety last January, the Commission defined the main aspects of its future policy and adopted a ambitious legislative programme for its achievement.

The new, comprehensive and integrated approach on food safety promoted by the White Paper will involve all the departments of the Commission directly or indirectly concerned with food safety.

I assure you that, being the Commissioner responsible for the Internal Market, I shall play my part in ensuring that we meet our ambitious objectives.

Since its entry into force in 1958, the EC Treaty has provided that the protection of public health may legitimately be invoked by a Member State as a derogation from the principle of the free movement of foodstuffs in order to justify measures aimed at preventing a dangerous product or substance being commercialised on its territory.

I mentioned before the issue of confidence. European citizens deserve to be treated intelligently. They rightly demand clear, independent and honest information about what they eat. The rules of the common market, inspired by the principle of proportionality, have always trusted, to a large extent, the capacity of the consumer to take his own decisions.

That is why emphasis has always been put on the importance of labelling products which are on the market as a reasonable and proportionate protective measure.

That said, the consumer should appreciate that there is no such thing as zero risk. I do not believe that waving the flag of food safety when it is not justified or necessary serves the interest of the consumer. Therefore, I shall remain very cautious regarding any temptation to invoke food safety as a reason for creating unnecessary obstacles in the Single Market.

The right information for the consumer is indeed a prerequisite for the efficient functioning of the Single Market. That's why I strongly support the proposal made by the Commission to devote the future European Food Authority a significant role concerning risk communication and the establishment of a dialogue with the consumers.

This Authority, once created, will play a fundamental role by providing decision takers with independent scientific advice on all aspects of food safety. It should become, as is mentioned in the White Paper, the most authoritative source of knowledge on food safety matters in the EU.

It should help to avoid situations where different analyses or interpretation of a food safety problem lead to incoherence of the decisions taken to tackle it. This is in the interest of the Internal Market, and, therefore, in the interest of both consumers and industry.

I hope I have made it clear that food safety is not only fundamental to the proper functioning of the Internal Market but also lies at the heart of it.

It is also fundamental as regards the presence of the Union in a global economy.

By enhancing the level of food quality and food safety, our Union will further increase its position on the international markets.

Gastronomy, quality food and drinks and the know how of our industry make us the largest exporter of food products in the world. These products, among others, serve as our "trademark" on these markets. By pursuing the objective of a high level of quality and safety in our production, we shall further increase our competitiveness.

The Internal Market has given the European Citizens a wide choice of products originating from all Member States at an affordable price. This access to the culture of the different countries constituting the European Community has played, and still plays, a very particular and significant role in the process of European integration.

Thank you very much for your attention.


This page was first provided on 26 April 2000