WRITTEN QUESTION E-2418/02

by Caroline Jackson (PPE-DE) to the Commission

(14 August 2002)

Subject: Application of EU labelling legislation by the Dutch authorities

Is the Commission satisfied that the Dutch authorities are taking adequate steps to ensure that chicken breasts with added water, or chicken breasts with added water and added animal or vegetable proteins, which are being exported to the United Kingdom, are correctly described to comply with EU labelling law?

Answer given by Mr Byrne on behalf of the Commission

(9 October 2002)

The Commission was informed by the Irish Food Safety Authority in May 2002 that products labelled as chicken fillets, which were manufactured in the Netherlands and put on the market in Ireland, did not conform to Community requirements in various respects.

On 7 June 2002, the Commission wrote to the competent Dutch Ministers, to request the adoption without delay of all the necessary measures to ensure that the products concerned comply with all Community requirements. At a subsequent meeting of the Standing Committee of the food chain and animal health, the Dutch authorities informed the Commission and the Member States of the measures, which were consequently adopted.

1. The Commission considers that the labelling of these products was clearly an infringement of the Community legislation on the labelling of foodstuffs(1).

The chicken fillet products had been processed by the addition of proteins, water and other ingredients and could not, therefore, be designated as chicken fillets, as this designation is restricted to fresh poultry meat(2). In addition, added proteins, added water and the meat content had not always been indicated or had been wrongly labelled.

The addition of proteins (including bovine and porcine proteins) to fresh poultry meat with a view to obtain a meat preparation, is not forbidden by Community legislation, provided that:

- There are no legal requirements which specifically exclude their use for this category of products;

- The added proteins are fit for human consumption;

- The proteins are labelled according to the labelling provisions for ingredients.

The Commission considers that this chicken fillets issue is primarily an infringement of food labelling legislation. Therefore, the matter is the implementation and control of existing Community legislation. The Dutch Authorities have committed to take the necessary means to ensure the above conditions are fulfilled and to report periodically to the Commission and other Member States about the results of these measures.

2. Follow up of the measures taken by the Dutch authorities.

In their reply of 12 July 2002, the Dutch authorities have informed the Commission of the measures they have adopted, after inspections and analysis of the concerned products.

The labelling measures, especially the name of the product, the list of ingredients and the meat content, seem suitable to provide consumers with adequate information on the real nature and the composition of these products. The Dutch authorities have also put in place periodic official controls of the suitability and food safety of the chicken fillets prepared by the Dutch companies concerned and have committed to report their results.

The Commission will monitor the effectiveness of the adopted measures and review the situation within the relevant committees.

(1) Directive 2000/13/EC of the Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, OJ L 109, 6.5.2000.

(2) Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultry meat, OJ L 173, 6.7.1990 and Commission Regulation (EEC) No 1538/91 of 5 June 1991 introducing detailed rules for implementing Regulation (EEC) No 1906/90, OJ L 143, 7.6.1991.