WRITTEN QUESTION P-1157/01

by Francesco Speroni (TDI) to the Commission

(3 April 2001)

Subject: Protected designation of origin (PDO) products: use of additives and preservatives in cheese-making

Aware that:

- the rules and specifications laid down for the production of Grana Padano DOC (controlled origin denomination) cheese do not provide for the use of preservatives and, more particularly, the additive E1105 (lysozyme),

- paragraph 2D of Ministerial Decree 209/1996, which implements Community Directives 94/34/EC(1), 94/35/EC(2), 94/36/CE(3), 95/2/EC(4) and 95/31/EC(5) by laying down rules on additives, specifies that an additive may be used provided it is not used to conceal the use of inferior raw materials or undesirable practices or techniques (including unhygienic practices),

- the preservative E1105 (lysozyme) is used in the production of Grana Padano DOC cheese because it makes it possible to use milk that does not comply with the hygiene standards laid down in Directive 92/46/EEC (Annex A, Chapter IV)(6),

- the Italian Minister of Health has confirmed, in a note of 18 June 1999 sent to the Commission (DG XXIV), that almost all the Italian milk that does not comply with those standards is used for the production of Grana Padano DOP or Parmigiano Reggiano DOP,

- the CSQA (body for the Certification of Quality Systems in the Agri-Food sector), the only certifying body recognised by the Italian government for the certification of Grana Padano, allows the addition of lysozyme as a preservative in its inspection plan even though it is not allowed by the production specifications for Grana Padano DOP.

In view of the foregoing,

- Can the use of the preservative E1105 be allowed even if there is no express provision for its use in the rules and specifications for the production of Grana Padano DOP, or has the Commission granted special exemptions?

- Is the use of lysozyme not regarded as an obvious subterfuge to allow DOP cheese to be made from milk that does not meet the requirements laid down in Directive 92/46/EC?

- Does the Commission regard lysozyme as completely innocuous to consumers' health?

(1) OJ L 237, 10.9.1994, p. 1.

(2) OJ L 237, 10.9.1994, p. 3.

(3) OJ L 237, 10.9.1994, p.13.

(4) OJ L 61, 18.3.1995, p. 1.

(5) OJ L 178, 28.7.1995, p. 1.

(6) OJ L 268, 14.9.1992, p. 1.

Supplementary answer given by Mr Fischler on behalf of the Commission

(15 May 2001)

Lysozyme is an enzyme which occurs naturally at low levels in milk. It may, therefore, be used in the production of Grana Padano cheeses.

European Parliament and Council Directive No 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners authorises the use of lysozyme as an additive in cheeses following the quantum satis principle. Quantum satis means that no maximum level is specified. However, the additive must be used in accordance with good manufacturing practice, at a level not higher than is necessary to achieve the intended purpose, and provided that the consumer is not misled.

According to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(1), a food additive may be used only if, inter alia, it assists in the manufacture, processing, treatment, packing, transport or storage of food, and provided that it is not used to disguise the effects of the use of faulty raw materials or of undesirable (including unhygienic) practices or techniques during the course of any of these activities.

It should be noted that the product specification for the Grana Padano protected designation of origin (PDO) states that the milk is to be coagulated by adding natural siero-innesto and/or enzymes.

The use of lysozyme in the production of Grana Padano and Parmigiano Reggiano cheeses is, therefore, possible within the limits described above and does not in itself constitute a breach of Community law.

In any event, Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products(2) prohibits the use of milk failing to meet the criteria laid down in the Directive for the purpose of producing cheeses.

(1) OJ L 40, 11.2.1989.

(2) OJ L 268, 14.9.1992.