WRITTEN QUESTION E-3259/02

by Generoso Andria (PPE-DE)and Stefano Zappalà (PPE-DE) to the Commission

(19 November 2002)

Subject: Circulation of damaged products between Member States

How does the Commission view the fact that the authorities in some Member States have issued health and hygiene certificates for products that were probably damaged and which could be the subject of fraud against the purchasing countries and, still more seriously, might jeopardise the health of the general public?

In particular, what action will the Commission take with regard to the confiscation by the Italian Customs Police of dozens of tonnes of damaged tomato concentrate originating from Greece and destined for companies in the province of Salerno?

Is it true that the product in question was accompanied by health and hygiene certificates, issued by the authorities at the place of origin before shipment to Italy, that did not tally with its actual quality?

Will an enquiry be conducted into the trade in such products and its management by organisations not authorised to do so and even by organisations with no credentials whatsoever?

Joint answerto Written Questions E-3259/02 and E-3303/02given by Mr Byrne on behalf of the Commission

(14 January 2003)

Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(1) provides that food businesses operators must ensure that only foodstuffs produced in a hygienic way, and not harmful to health, are placed on the market. This Directive, which is applicable to all foodstuffs of plant origin, does not foresee the delivery of hygiene certificates for the exchange of products between Member States and, therefore, it is not clear to which certificate reference is made or why such a certificate should be delivered considering that there is no obligation in Community law.

It is incumbent upon the competent authorities in each Member State, under the provisions of Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs(2), to ensure that food businesses operators comply with all Community and national measures that apply to foodstuffs, through inspections, sampling, examinations of written records and other activities. If, while carrying out controls, the competent authorities ascertain that failure to comply with food law might result in risks to the safety or wholesomeness of foodstuffs they shall take appropriate measures, which may extend to the withdrawal and/or the destruction of the foodstuff or the closure of all or part of the undertaking for an appropriate period of time.

Moreover, in Articles 6 and 7 of Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(3), a system of administrative assistance between the Member States in all proceedings for infringements of the food law is established. To facilitate this administrative assistance a single liaison body is designated in each Members State, with the role of assisting and co-ordinating communication and, in particular, the transmission and reception of requests for assistance.

When, during the exchange of information, it becomes clear that there may have been a case of non-compliance with Community or national laws, the competent authority in the Member State in whose territory the alleged non-compliance has taken place shall in due time report back to the competent authority in the other Member State on any action taken to deal with the case and on any action to attempting to prevent a recurrence of the alleged non-compliance.

The mutual administrative assistance does not exclude, in any way, the obligation of Member States to notify the Commission, through the rapid alert system established under the provisions of Regulation (EC) No 178/2002(4), of a direct or indirect risk to human health deriving from food.

Referring to the case in question, the Commission has not received any notification through the rapid alert system and is not in possession of specific elements justifying a Community action beyond the measures which could be more appropriately taken at Member State level.

The Commission invite the Honourable Members to provide, if available, more information about the incident referred to in the questions, which would allow the Commission to judge whether it is appropriate to take action at Community level.

(1) OJ L 175, 19.7.1993.

(2) OJ L 186, 30.6.1989.

(3) OJ L 290, 24.11.1993.

(4) 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, OJ L 31, 1.2.2002.