WRITTEN QUESTION E-2702/02

by Paulo Casaca (PSE) to the Commission

(26 September 2002)

Subject: Food falsification in the European Union

I have already tackled the problem of fraud and food adulteration in my parliamentary questions Nos E-1227/01(1), E-1248/01(2), E-2106/01, E-2107/01(3), E-0027/01(4), E-1001/01(5), E-1000/01(6), E-0999/01(7), E-0998/01(8) and E-3286/01(9) and in the 2000 budgetary discharge procedure. The replies received from the Commission led me to conclude that the issue is not given due importance.

Meanwhile, according to the European Voice of August 2002, the number of adulterated food products confiscated by the customs authorities of the Member States rose from 2340 in 2000 to 4106 in 2001, and Commission administrators have apparently claimed that organised crime now focuses more on food adulteration and automobile parts than on luxury articles.

May I therefore conclude that the Commission has changed its attitude to this issue since its reply to Question E-1227/01, stating that the Commission does not share the Honourable Member's view that there is an urgent need to take further measures to prevent fraud and product adulteration?

(1) OJ C 40 E, 14.2.2002, p. 27.

(2) OJ C 364 E, 20.12.2001, p. 67.

(3) OJ C 40 E, 14.2.2002, p. 187.

(4) OJ C 187 E, 3.7.2001, p. 162.

(5) OJ C 350 E, 11.12.2001, p. 67.

(6) OJ C 350 E, 11.12.2001, p. 66.

(7) OJ C 40 E, 14.2.2002, p. 18.

(8) OJ C 364 E, 20.12.2001, p. 30.

(9) OJ C 147 E, 20.6.2002, p. 143.

Answer given by Mr Fischler on behalf of the Commission

(12 November 2002)

The Commission is mindful of the importance of the problems highlighted by the Honourable Member, and relies on the existing architecture of protective measures, which have proven their capacity to lead to effective controls in cooperation with the Member States.

This notwithstanding, in accordance with its policy of consumer protection and zero tolerance with respect to fraud, the Commission intends to continue to enhance the system and adapt it to the changing circumstances.

In this perspective, the Commission would emphasize that:

- Its strategy for the fraud-proofing of legislation (action 94 of the White Paper on Reform) will lead to continued and generalised improvement in the protection of the financial interests of the Communities, in particular as regards high-risk sectors.

- As regards adulteration of agricultural products, the Commission has recently introduced a number of measures: The Commission has been following up for a long time the problems of fraud in the sector of the olive oil, both with regard to the right to obtain aid and to the quality of the products launched on the market. In this last respect, it adopted Regulation (EEC) No 2568/91 of 11 July 1991 which specifies the characteristics of the olive oils, in particular in order to avoid the fraudulent mixtures, and the detail of the analysis methods to be used(1). Lately, within the framework of the strategy for the quality of the olive oil of which it made one of priorities for the sector, the Commission adopted Regulation (EC) No 1019/2002 of 13 June 2002 which institutes additional rules for the control of the olive oil of the marketed products(2).

- Regarding checks on composition, the Community provisions concerning official tests relating to the detection of foreign fats in milkfat appear in the annex to Commission Regulation (EC) No 454/95(3) and have since been inserted in Annex XXV to Commission Regulation (EC) No 213/2001 laying down detailed rules for the application of Regulation (EC) No 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products(4).

- The new legislative framework established by the General Food Law adopted on 21 January 2002 reinforces the Commission's capability to act on microbiological and chemical contamination on food products of any origin. Under these provisions, the Commission can adopt emergency measures covering the whole food chain where it is evident that food or feed originating in the Community or imported from a third country is likely to constitute a serious risk to human health and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned (Article 53 of Regulation (EC) No 178/2002 of the Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(5)). In addition, this legislative framework insists on the importance of the traceability of food products in order to target the appropriate part of the food chain.

(1) OJ L 248, 5.9.1991.

(2) OJ L 155, 14.6.2002.

(3) Commission Regulation (EC) No 454/95 of 28 February 1995 laying down detailed rules for intervention on the market in butter and cream, OJ L 46, 1.3.1995.

(4) OJ L 37, 7.2.2001.

(5) OJ L 31, 1.2.2002.