WRITTEN QUESTION P-2982/01

by Carlos Bautista Ojeda (Verts/ALE) to the Commission

(22 October 2001)

Subject: Presence of alpha-benzpyrenes in oil derived from olive residues

On 19 July 2001, in connection with the food alert declared by the Spanish Government on account of the high percentage of benzpyrene found in oil derived from olive residues, the Commissioner responsible for agriculture told various media outlets that Spain should have waited until it had a scientific basis for its actions and said that first of all we need to clarify the issue of what residue level can be tolerated from a scientific point of view. This substance can be found in many other products.

In addition, the Scientific Committee on Food issued a report on levels of benzpyrene in oil derived from olive residues, in which it stated that: Exposure on one or more occasions to such doses of hydrocarbons [referring to those notified by Spain] has a low or moderate non-carcinogenic effect and that serious toxic effects would require prolonged exposure at concentrations much higher than those notified by the Spanish Government. Taking the highest levels detected and an average consumption of between 15 and 50 grammes per person, the absorption of PAH from the contaminated oils would be in the order of between 500 and 1 500 nanogrammes per kilo of body weight per day, which is considerably lower than the doses which produce a serious toxic effect.

Are the above-quoted statements by the Agriculture Commissioner accurate?

Under what conditions should the precautionary principle be applied in order to activate the food-alert network?

Answer given by Mr Fischler on behalf of the Commission

(23 November 2001)

Tests by Member States producing olive-pomace oils have shown that their contamination by polycyclic aromatic hydrocarbons (PAH) is due to high-temperature drying of olive-pomace pastes (alperujos) from two-phase mills. These are very widespread in Spain but the problem affects all producing countries.

When the Agriculture Commissioner visited Spain in July 2001, i.e. at the same time as the Spanish authorities declared a food alert, and was questioned on the matter he voiced his concern about a problem affecting the image of the entire sector and spoke of the need to establish at European level harmonised contaminant limits for all products liable to contain PAHs. Spain's decision in application of the precautionary principle laid down in the health legislation appears correct given there was a risk to consumer health on the PAH levels present in the samples analysed.

Following alerts for Italian olive-pomace oils, Italy also set maximum PAH limits for these products, under the emergency procedure provided in Parliament and Council Directive 98/34/EC of 22 June 1998 laying down a procedure for the provision of information in the fields of technical standards and regulations(1). These limits were accepted by the Standing Committee for Foodstuffs.

No harmonised Community maximum levels exist for benzo-a-pyrene or other PAHs in food. Nevertheless, the general food safety provisions of the framework regulation (Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food(2)) apply, which provide that a food containing a contaminant in an amount that is unacceptable from the public health viewpoint shall not be placed on the market. In such cases Member States may take action to protect consumer safety.

It is a requirement to notify unacceptable contamination cases through the Rapid Alert System for Food (RASFF), under which the Member States, European Economic Area/European Free Trade Association (EEA-EFTA) countries and the Commission share information on food products that present a risk to the health of consumers. In the contaminated olive-pomace oil cases the notifications from Member States were sent as alerts because the food presented a risk to public health and was on the market in more than one Member State.

In July 2001 the Scientific Committee on Food responded to the current contamination problem in olive pomace oils and concluded that there is no short-term health concern from the levels of PAHs detected. This means that consumption of the product on just a few occasions would not present an unacceptable health risk. However, regular consumption of oil with such levels of PAHs must be avoided because PAHs are carcinogens. The Scientific Committee on Food is currently carrying out an evaluation aimed at clarifying the full risk from PAHs. In addition the Member States are collecting data for a coordinated assessment of the occurrence of these chemicals in foodstuffs. Then, if necessary, Community maximum levels in foods will be set for PAHs such as benzo-a-pyrene.

(1) OJ L 204, 21.7.1998.

(2) OJ L 37, 13.2.1993.