Further to the failure of conversations between the Parliament and the Council on updating the Novel Foods Regulation on 16 March 2011, the institutions had a last change to reach an agreement on the evening of 28 March. However, in spite of the efforts made by the Hungarian Presidency, this agreement has not been possible and the EU stays with the status quo, where legislation provides that food from cloned animals is subject to a pre-market authorisation.

Further to the failure of conciliation about novel foods, the Council highlighted its commitment to reach a balanced solution on novel foods, and in particular on the question of food from cloned animals. Conciliation procedure focused in finding a compromise which met consumers' concerns about marketing and information about foods from cloned animals and their offspring.

Earlier this month, these conversations already failed and at that point, the Parliament also pointed out its will to reach a compromise which, in its point of view, was not mirrored by Council. The Parliament has in may occasions overwhelmingly called for a ban on food from cloned animals and their descendents. MEPs, Parliament said, tried to reach a compromised respecting what seems to be European public opinion against cloning for food as described by Eurobarometer survey. In the Parliament's point of view a commitment to label all food products from cloned offspring is a bare minimum.

On its side, the Council underlined its will to find a solution which could be implemented in practice, not misleading consumers by agreeing rules that cannot be enforced. The Council stressed that any agreement reached within the conciliation should comply with international trade rules that the EU has signed, highlighting that these international agreements were signed with Parliament's consent. In the Council's point of view, the discussion failed because the Parliament could not compromise on its request for mandatory labelling for food derived from offspring of cloned animals irrespective of the technical feasibility and the practical implications of such mandatory labelling.

Package of measures proposed by the Council on animal cloning and novel food

The proposal made by the Council in the final meeting included a package of eight measures to meet the requirement for consumer protection, while being feasible and complying with trade requirements. These proposals include a ban on animal cloning in the EU for food production, a ban on food from cloned animals, whatever their origin, and a ban on any supply of clones in the EU for food production. Further measures included traceability system for semen and embryos from cloned animals as well as for the live offspring of cloned animals, and the introduction, within two years of the entry into force of the new regulation, of labelling requirements for fresh meat of the offspring from cattle which would have been extended to all other foods from the offspring of cloned animals.

The Council's offer also included a Commission engagement to publish, by 1 March 2013, a legislative proposal for a comprehensive approach to animal cloning.

Now that agreement has not been reached on this particular issue, both institutions point out that other  improvements to the rules will be lost. As an example, the Parliament points out that no special measures regarding nanomaterials in food. The Council highlighted that the EU also missed the opportunity to agree on EU rules before the cloning technology further expands.