WRITTEN QUESTION P-3209/00

by Raffaele Costa (PPE-DE) to the Commission

(6 October 2000)

Subject: Damage to human health and quality of dairy products

Given that:

- Directive 92/46/EEC(1) lays down minimum hygiene, health and quality requirements for the production and placing on the market of milk and milk-based products. It stipulates that if such products fail to meet the said requirements they should be set aside for zootechnical use.

- The Italian Government, invoking Presidential Decree (DPR) No 54 of 1997, has not only transposed the aforementioned directive in an inadequate manner as shown by the report drawn up by the Food and Veterinary Office of the Commission in the wake of its inspection visit to Italy in March 1999 but has also done so three years after the deadline (Jan. 1994).

- DPR 54/97 allows Directive 92/46/EEC to be waived pursuant to rules which conflict with Community legislation, in that it allows inferior-quality, unsuitable milk in terms of its micro-bacteriological composition to be used for the production not only of long shelf-life cheeses (primarily Grana Padano and Parmigiano Reggiano) but also of other finished products (butter, cream, ricotta cheese) made from dairy products such as cream and whey and placed on the market for direct use, thereby contravening the aforementioned directive.

- As regards the production of Grana Padano, the certifying authority for the granting of the PDO mark (protected designation of origin) requires the use of copper machinery in breach of the provisions in force, given that such machinery may transmit harmful copper salt particles to the cheese and whey.

The Commission:

- Can it therefore express an opinion on the legitimacy of DPR 54/97 and on the consequent risk that its application by way of derogation from the above-mentioned Community directive poses to consumer health?

- What measures does it intend to take to rectify the said breaches, which could damage human health and undermine product quality?

- What provisions will it adopt to ensure that the PDO mark is granted in accordance with more appropriate rules?

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

Answer given by Mr Byrne on behalf of the Commission

(21 November 2000)

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, provides under Article 8 that Member States may grant derogations for certain requirements of the Directive for the manufacture of cheese with a maturation period of at least sixty days or for the manufacture of milk-based products with traditional characteristics.

Council Directive 92/46/EEC was transposed into Italian national law by Presidential Decree No 54/97 of 14 January 1997(1). In the Commission's opinion Article 9 of this Decree contains derogations that do not comply with Article 8 of the aforementioned Directive. As a result, the Commission will raise the matter with the Member State concerned to ensure that the Directive is transposed properly, and will, if necessary, initiate infringement proceedings under Article 226 (formerly Article 169) of the EC Treaty.

As regards the Honorable Member's last question, the Commission does not intend to make any new regulatory proposals, as the protected designation of origin (PDO) registration procedure already requires that candidate products for this designation comply with all the applicable regulations, among others health regulations.

(1) GURI No 59, 12.3.1997.