WRITTEN QUESTION P-1205/98 by Franco Malerba (PPE) to the Commission (6 April 1998)

Subject: European regulations on health stamps for meat products prepared in establishments with a non-industrial capacity, and their effects in Italy

Some Italian small and medium-sized meat-producing undertakings - including the prize-winning dressed pork factory Cabella A of Sant'Olcese in Genoa - have recently made major investments to improve the quality and hygienic guarantees of their products in line with European regulations (Directive 92/5/EEC ((OJ L 57, 2.3.1992, p. 1. )) and Directive 95/23/EC ((OJ L 243, 11.10.1995, p. 7. ))) to obtain the EEC quality stamp.

The Italian Ministry of Health decree of 11 July 1997 which transposes the European regulations on butchered meat, however, discriminates against products on purely quantitative grounds and ignores quality and hygiene criteria; traditional artisanal products (generally those of a higher quality) may thus bear only the 'Italian market' stamp since they do not correspond to the minimum threshold quantities laid down by the Ministry of Health.

Have the European regulations for the benefit of small-scale production been interpreted thus in all the Member States? What steps can be taken to do away with distortions of the rules of competition, protect consumer interests and make the most of SMUs which are major contributors to development and employment in this and other sectors of the European economy?

Answer given by Mr Fischler on behalf of the Commission (12 May 1998)

The provisions for the production of fresh meat are laid down in Directive 64/433/EEC ((OJ 121, 29.7.1964. )) ('Fresh Meat Directive') as consolidated by Directive 91/497/EEC ((OJ L 268, 24.9.1991. )) and last amended by Directive 95/23/EC ((OJ L 243, 11.10.1995. )) and for the production of meat products in Directive 77/99/EEC ((OJ L 26, 31.1.1977. )) ('Meat Products Directive') as consolidated by Directive 92/5/EEC ((OJ L 57, 2.3.1992. )) and amended last by Directive 97/76/EC ((OJ L 10, 16.1.1998. )). If establishments fulfil the rules of these directives they can be approved by the authorities of the Member States as production plants. For the products of these establishments the health mark as provided in the relevant directive has to be used (oval stamp as prescribed in the relevant chapter of the directives). They are permitted to market their meat on the single market.

In addition, the provisions of the directives also contain the possibility for Member States to grant establishments manufacturing meat without an industrial structure or a limited production capacity (so-called 'small establishments') derogations from certain requirements. The production of these establishments, however, has to be marked with a national health mark and therefore can only be marketed on the national market.

If small establishments without an industrial structure or a limited production capacity fulfil the general provisions of the relevant directive without derogations from certain rules, they can get a general approval as mentioned at the beginning (oval stamp marketing on the single market). In so far also small establishments do have the possibility to market their production on the single market. These rules are the same in all Member States.