WRITTEN QUESTION E-3568/00

by Richard Howitt (PSE) to the Commission

(17 November 2000)

Subject: When is crab paste not crab paste?

Can the Commission comment on the experience of my constituent, Mr D. Baker of Thorpe Bay, Essex, who was assured that a pot of crab paste fully met European labelling and consumer rights standards, when in fact the pot included only 10 % crab, 40 % mackerel, 24 % cod and 26 % other ingredients? What is the minimum crab content beneath which the designation crab paste is impermissible? Does the Commission intend to approach a review of its legislation in this respect sideways like a crab, or head-on?

Answer given by Mr Byrne on behalf of the Commission

(23 January 2001)

The main objective of Directive 2000/13/EC(1), which constitutes the general legislative act on food labelling, is to provide consumers with information on the products concerned.

Article 7(2)(a) of the Directive requires the quantity of an ingredient in a foodstuff to be stated where the ingredient concerned appears in the name under which the foodstuff is sold; this quantity must be expressed as a percentage of the total.

In the specific case referred to by the Honourable Member, labelling which clearly states that the product contains 10 % crab would be consistent with the rules. Labelling which failed to do so would constitute an infringement of the legislation.

The Commission understands the consumer's surprise that the ingredient appearing in the name of the product accounts for only 10 % of that product.

However, the composition and designation of foodstuffs are not, in principle, regulated at Community level, and therefore there are no harmonised specifications for crab paste.

Member States may adopt national legislation in this field, provided it does not impede the free movement of goods in the Single Market.

(1) 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).