Considerations on COM(2013)893 - Placing on the market of food from animal clones - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)893 - Placing on the market of food from animal clones. |
|---|---|
| document | COM(2013)893  |
| date | December 18, 2013 |
(2) An opinion of the European Food Safety Authority (EFSA) first adopted on 15 July 2008 and confirmed in 2009, 2010 and 2012[14] found no indication of any differences in food safety between food products from healthy animal clones and their progeny compared with those from healthy conventionally bred animals. However, EFSA also concluded that animal welfare problems related to the health of surrogate mothers, namely those carrying the clones, and the clones themselves exist[15]. EFSA concluded that surrogate dams suffer in particular from placenta dysfunctions contributing to increased levels of miscarriages. This contributes, amongst other things, to the low efficiency of the cloning technique, which is 6% to 15 % for animals of the bovine species and 6 % for animals of the porcine species, and the need to implant embryo clones into several dams to obtain one clone. In addition, clone abnormalities and unusually large offspring result in difficult births and neonatal deaths. A high mortality rate is a characteristic of the cloning technique.
(3) The specific report on cloning by the European Group on Ethics in Science and New Technologies (EGE) of 2008[16] expressed doubts that animal cloning for food production purposes can be justified 'considering the current level of suffering and health problems of surrogate dams and animal clones'.
(4) The majority of Union citizens disapprove of cloning for food production due to animal welfare and general ethical concerns. They do not want to consume food from animal clones.
(5) The use of cloning technique and the placing on the market in the Union of embryo clones and animal clones for farming purposes is provisionally prohibited by the Directive [number] of the European Parliament and of the Council on the cloning of animals of the bovine, porcine, ovine, caprine and equine species kept and reproduced for farming purposes[17]. However, this prohibition does not apply to animals kept and reproduced exclusively for other purposes.
(6) In order to address consumer perceptions on cloning linked to animal welfare concerns it is necessary to ensure that food from animal clones does not enter the food chain. Less restrictive measures, such as food labelling, would not entirely address citizens' concerns since the marketing of food produced with a technique that implies animal suffering would still be allowed.
(7) Animal cloning is allowed in certain third countries. Therefore, measures should be taken to avoid the import into the Union of food obtained from animal clones produced in those third countries.
(8) It is expected that the knowledge on the impact of cloning technique on animal welfare will increase. The cloning technique itself may improve over time and thus become more acceptable to consumers.
(9) The measures laid down in this act should be reviewed within a reasonable period of time to evaluate whether they adequately address the objectives pursued by it taking into account the experience gained by the Member States in the application of this Directive, consumer perceptions on cloning linked to animal welfare concerns and international developments.
(10) The Treaty does not provide, for the adoption of this Directive, powers other than those under Article 352. This Directive addresses animal welfare concerns of consumers related to the use of a reproduction technique that has no impact on the safety or quality of the food produced but implies animal suffering. Article 169 of the Treaty calls on the Union to promote the interests of consumers when adopting measures pursuant to Article 114 thereof in the context of the completion of the internal market. Article 13 of the Treaty, provides that in formulating and implementing the Union's internal market policy, the Union and the Member States are to pay full regard to the welfare requirements of animals since animals are sentient beings. According to the established case-law of the Court of Justice of the European Union, the choice of Article 114 of the Treaty as a legal basis is justified where there are differences between national rules which are such as to hinder the functioning of the internal market. Recourse to that provision is also possible if the aim of the act is to prevent the emergence of such obstacles to trade resulting from the divergent development of national laws[18]. However, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them. In the present case, no current or likely divergence between national legislations was detected.
(11) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the freedom to conduct a business. This Directive has to be implemented in accordance with these rights and principles.