WRITTEN QUESTION E-2077/01

by Paulo Casaca (PSE) to the Commission

(13 July 2001)

Subject: Listeria O criterion

Patrick Lardeux, a small-scale farmer and cheese producer, has written an open letter to all Members of the European Parliament, a copy of which could on request be sent to the Commission.

In his letter, Mr Lardeux describes a number of problems which confront small-scale producers in their attempts to comply with the regulations imposed on them, and which have caused him to cease trading.

One of these problems is the imposition of what he refers to as the listeria O criterion.

Would the Commission say what the legal basis of this criterion is? Would it provide a list of all Community acts which impose regulations to be complied with by small-scale cheese producers?

Answer given by Mr Byrne on behalf of the Commission

(1 October 2001)

The Commission would like to inform the Honourable Member that Listeria monocytogenes is a bacterium which can cause serious illness, and in some cases death, in people in certain risk categories. It is for this reason that the provisions of Community legislation ensure the highest level of safety in relation to this bacterium for both industrial and small-scale or farm-based cheese production.

The two Community texts which cover public health aspects for the milk and dairy sector are 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(1) and Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(2).

The absent in 25 grams of product criterion, to which the Honourable Member refers when he mentions the listeria O criterion, concerns Listeria monocytogenes in certain dairy products, on removal from the processing establishment. This criterion is included in the Annex to Commission Directive 92/46/EEC, the scope of which includes production and placing on the market but excludes direct supply to the consumer.

Directive 93/43/EEC, which does not mention any microbiological criteria, completes Community rules on small-scale or farm-based production, which is restricted to direct sales, and distribution. This text is based on the HACCP (Hazard Analysis Critical Control Points) system and encourages the use of guides to good hygiene practice, developed by interested parties and validated by the relevant national authority. Article 7 of Directive 93/43/EEC stipulates that Member States may, subject to the EC Treaty, maintain, amend or introduce national hygiene provisions that are more specific than those laid down by this Directive, provided that such provisions are not less stringent than those given in the Annex to the Directive. Microbiological criteria may therefore be set by Member States at the consumer supply stage. Objectives may also be set by the operators as part of their self-monitoring procedure.

The Scientific Committee on Veterinary Measures relating to Public Health stated in its opinion of 23 September 1999 that, according to the human epidemiology data available on foodborne listeriosis, a Listeria monocytogenes concentration of less than 100 per gram, at the consumption stage, may be regarded as a low risk for all population groups.

The Commission has called together a working group of experts from the Member States in order to initiate an overall discussion on harmonising the relevant microbiological criteria for each food category. This group's work will be included in draft Community legislation, as proposed in Article 6 of the Proposal for a Regulation of the European Parliament and of the Council on the hygiene of foodstuffs adopted on 14 July 2000 by the Commission(3) and submitted to Parliament and the Council.

In addition, with regard to small-scale producers, the Commission suggested, in Article 4 of the above proposal, a system of derogations granted by the Member States which would take into account specific geographical constraints, exclusively local distribution and/or traditional methods of production, without compromising public health objectives.

(1) OJ L 268, 14.9.1992.

(2) OJ L 175, 19.7.1993.

(3) OJ C 365 E, 19.12.2000.