WRITTEN QUESTION E-0268/03

by Massimo Carraro (PSE) to the Commission

(6 February 2003)

Subject: Rabbit Brain Powder

On 29 August 2001, an illegal laboratory for the production of rabbit brain powder (RBP) was discovered at a rabbit slaughterhouse in Forlimpopoli (IT0531M/S EEC).

During its investigations at the laboratory, the Forli veterinary service also discovered 500 litres of acetone, a toxic and highly volatile substance which should not be kept at slaughterhouses owing to the possibility of airborne contamination of the meat being processed and the animals awaiting slaughter.

The Forli veterinary service therefore decided to impound both the laboratory and the RBP.

The Emilia Romagna regional administrative court in Bologna first suspended and then annulled this measure on economic grounds, without giving due consideration to the consumer protection issues.

On the basis of the above, does the Commission not consider that:

1. the regional administrative court should, without prejudice to its own prerogatives and powers, be required when arriving at its decisions to respect the precautionary principle in the field of food safety and consumer protection laid down in the European treaties;

2. the ruling by the regional administrative court conflicts with the principle of the general interests of the protection of public health taking precedence over economic considerations, as established by the European Court of Justice (Alpharma Inc versus Council of the European Union Case T-70/99R);

3. the actions of the Forli veterinary service, which is responsible for the Forlimpopoli area, were in keeping with the principle of food safety and consumer protection?

Answer given by Mr Byrne on behalf of the Commission

(1 April 2003)

As the Commission has not previously been informed of the alleged incident of 29 August 2001 in Forlimpopoli to which the Honourable Member refers, it is requesting more information on the matter of the production of the rabbit brain powder from the Italian competent authorities. Without having available all relevant facts, the Commission is not in a position to form a judgement on the behaviour of any of the entities involved.

However, the Commission draws the attention of the Honourable Member to the fact that responsibility for implementing and enforcing Community legislation lies primarily with the Member States, who are ultimately liable for the activities of all public authorities and bodies, including national courts and judges. The general responsibilities of Member States in relation to food are laid down in Article 17 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(1). The Commission may act only in the event that Community legislation is not being complied with or is inaccurately enforced by the Member State.

The precautionary principle is part of food safety law and, in specific circumstances, may be invoked when risk management measures must be taken. This is particularly the case when it is necessary to ensure a high level of protection of human health in relation to food which, as recalled by the Court and the Honourable Member, is a principle of general interest taking precedence over economic considerations.

(1) OJ L 31, 1.2.2002.