WRITTEN QUESTION P-1506/01

by Gabriele Stauner (PPE-DE) to the Commission

(15 May 2001)

Subject: OLAF documents relating to the butter scandal

In paragraph 21 of its resolution of 14 March 2001 on combating fraud the European Parliament called, in the interests of public health, for immediate access to be given to all documents in the possession of OLAF containing information on the composition of the adulterated butter which for years was marketed in very large quantities (at least 100 000 tonnes) by a criminal network inside and outside the European Union.

Can the Commission provide me with copies of the communications and/or minutes of meetings in which representatives of the affected Member States gave their views on possible health risks resulting from the adulterated butter, and draw up and forward a full list of completed and ongoing investigations,

which also indicates who commissioned the investigations and when the results were notified, or when they are expected, and send me copies of results of investigations which have already been received?

The European Court of Auditors has apparently drawn the Commission's attention to problematic issues in the milk and dairy products sector in a number of sectoral letters.

Can the Commission forward to me a complete list of these sectoral letters from the past five years and, where appropriate, make available to me its correspondence relating to these sectoral letters with the Court of Auditors and the Member States concerned?

Answer given by Mrs Schreyer on behalf of the Commission

(6 June 2001)

I would draw the Honourable Member's attention to the answer given by the Commission to her Written Question E-3241/00(1). The only potential health risks arising from the adulterated butter case that have been brought to the Commission's attention were set out in two press releases issued by the Naples Public Prosecutor's Office in July 2000 and December 2000.

The Commission has no knowledge of official communications or minutes of meetings in which representatives of the affected Member States gave their views on possible health risks resulting from the adulterated butter, although certain Member States have asked to be kept informed of developments in this case. However, as already stated in the reply to Written Question E-3241/00, results of analysis carried out by one Member State indicate that there were no chemical compounds which could present a health risk, such as polychlorobiphenyls (PCBs), organo-chlorine compounds or heavy metals.

The European Anti-Fraud Office (OLAF) has indicated that it will monitor the Member States' administrative investigations (in Belgium and Germany) and judicial investigations (in Italy and France). None of these investigations have as yet been concluded.

None of the DAS cases reported (Statement of Assurance), nor the special reports of the Court of Auditors, nor sector letters, contain specific information, which would, at the time, or even with the benefit of hindsight, have allowed the Commission to make a connection with the adulterated butter case or with the possible existence of fraud.

The Court of Auditors during the course of its special inquiry on butterfat discovered a number of control and administrative shortcomings, but did not find any incidence of possible fraud or similar irregularity. It is difficult to see how, given the evidence of absence of any such comment in its reports and sector letters, it can be claimed that the Court had therein signalled to the Commission its concerns regarding adulterated butter.

The Court of Auditors sectoral letters are provisional audit documents sent by the Court to the bodies audited on a confidential basis. The Commission may therefore not divulge them. The Court of Auditors publishes all its final conclusions in its special or annual reports.

(1) OJ C 151 E, 22.5.2001.