WRITTEN QUESTION E-1381/98

by Pervenche Berès (PSE) to the Commission

(7 May 1998)

Subject: Revision of Directives 92/46/EEC and 92/47/EEC

The implementation of Directives 92/46/EEC(1) and 92/47/EEC(2) has been causing increasing concern in the French regions where cheese is made from unpasteurized milk, especially since 1 January 1998.

1. Will the Commission, which is aware of this agricultural, economic and cultural problem, undertake to address the particular problems these directives pose for the production of cheese from unpasteurized milk when it carried out its planned revision of Directives 92/46/EEC and 92/47/EEC in 1998?

Does the Commission not think that in particular the extension of the derogations set out in Article 8(2) of Directive 92/46/EEC in respect of cheeses with traditional characteristics could be a solution to the problem?

2. Does the Commission intend to take any action in response to the letter on this subject sent by the author of this written question to Commissioner Fischler on 29 January 1998 and which to date has not been answered.

Answer given by Mr Fischler on behalf of the Commission

(16 June 1998)

1. 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, as last amended by Directive 96/23/EC(3) has been in force since 1 January 1994. However, Council Directive 92/47/EEC allowed Member States, subject to certain conditions, to give establishments until 1 January 1998 to bring their structure and equipment into line with the requirements.

In accordance with Article 1 of Directive 92/47/EEC, all establishments now have to comply with the requirements laid down in Directive 92/46/EEC. However, to take account of establishments whose production is limited, the Commission adopted a decision under Article 11 of Directive 92/46/EEC which authorises Member States to grant exemptions to establishments processing a small quantity of milk each year.

Also, in order to allow for the manufacture of milk-based products with traditional characteristics, Article 8(2) of Directive 92/46/EEC stipulates that Member States may be authorised to grant exemptions from certain of the Directive's requirements in so far as the latter are likely to affect the manufacture of those products. The Commission is, of course, happy to examine exemption requests and has already approved some. For example, it authorised Member States to grant exemptions for maturing cellars and for utensils coming into contact with milk products.

These exemptions - which apply both to the structure of establishments and to the manufacture of milk-based products, in particular cheeses made from raw milk, provided that the latter satisfy the conditions subject to which the Member States granted the exemptions - address the specific problems posed by the manufacture of cheeses from raw milk.

Lastly, since the Commission does not plan to revise the above-mentioned Directives during 1998, the exemptions based on various articles of Directive 92/46/EEC - in particular Article 8(2) - remain valid.

2. Yes.

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

(2) OJ L 268, 14.9.1992, p. 33.

(3) ,OJ L 125, 23.5.1996.