WRITTEN QUESTION E-3241/00

by Gabriele Stauner (PPE-DE) to the Commission

(20 October 2000)

Subject: Health risks from adulterated butter

On 6 July 2000 the Commission issued a press release from its Anti-Fraud Office OLAF concerning a case of fraud involving adulterated butter.

The above press release reports that, over a period of several years, members of a Camorra clan operating in the Naples area had been producing adulterated butter on a large scale and marketing it with the help of Italian, French and Belgian firms.

The adulterated butter was composed of almost one third chemical additives, vegetable fat, beef tallow and other substances normally intended for use in cosmetics. In all, around 16 000 tonnes of adulterated butter were produced between 1997 and 1999.

Some of the adulterated butter was exported to third countries, with export refunds being paid from the Community budget. Some was used in baking, again receiving aid from the Community budget.

The above press release does not contain any information on possible health risks.

1. Can the Commission confirm that information from the Italian revenue police conducting the investigations indicated that there was a health risk?

2. When was the competent Directorate-General at the Commission notified, and what information does it have on the extent of the danger posed by the substances used and the nature of the risk to health?

3. When and how were the competent health authorities in the Member States informed?

4. Does the Commission now have a list of firms which processed the adulterated butter in the form of biscuits, cake, ice-cream or other foodstuffs? If not, why not? If so, can it supply a copy of this list?

5. Where were the products concerned sold, and what action did the Commission take to ensure that remaining stocks were taken off the shelves?

6. What conclusions does the Commission draw from the fact that fraud on such a large scale, involving leading firms, was clearly detected mainly by chance in the course of anti-mafia investigations rather than through checks carried out by the authorities responsible for health protection?

Answer given by Mr Byrne on behalf of the Commission

(12 December 2000)

The aim of the butter fraud to which the Honourable Member refers was to obtain Community subsidies unlawfully. The investigations into this fraud are being conducted by the Member States' judicial authorities together with the European Anti-Fraud Office (OLAF).

When the fraud was exposed on 5 July 2000, the press release by the public prosecutor in Naples raised the question of a health risk.

The Commission immediately endeavoured to collect information concerning a potential risk of this kind. The early warning system was used to inform all Member States of the situation and to ask the Member States concerned for the results of tests carried out. This question of health risks was also discussed at a coordination meeting between the Belgian and Italian authorities on 14 July 2000, in the presence of Commission representatives. Following this meeting, the Italian and Belgian authorities asked for an assessment by toxicologists. The results submitted to date indicate that there were no chemical compounds which could present a health risk, such as polychlorobiphenyls (PCB), organo-chlorine compounds or heavy metals.

It was established in the investigation conducted by the Italian authorities that some of the allegedly adulterated butter was used to make butter for pastry-making and some was intended for export, with Community aid payments being made in both cases. OLAF has stated that it knows the names of the companies which bought the products from Italy and that it has not been finally established that any of them were involved in the fraud. The names of the firms are kept secret due to the confidentiality of investigations, in accordance with national criminal law and the confidentiality and data-protection rules which apply to OLAF and the Commission.

OLAF has indicated that the final destination of the products is still being investigated by the national authorities in collaboration with OLAF itself. The Commission notes that the question of withdrawing the products from the market is the responsibility of the Member States, which have been fully informed of the provisional results of the investigation.

This incident illustrates that traceability throughout the chain of production and distribution of food products is essential and that the role and responsibilities of economic operators need to be defined more clearly. The Commission highlighted this point in the White Paper on Food Safety, adopted on 12 January 2000(1). Proposals to this effect have been submitted to Parliament and the Council as part of the revision of food safety legislation. The role of Member States' monitoring authorities is fundamental in this respect.

OLAF (ex-UCLAF) had informed the Italian authorities of its suspicions at the beginning of 1999 and had been asked to cooperate with the police and judicial authorities. It is thanks to the investigative powers available to the judicial authorities that the fraud was exposed.

(1) COM(1999) 719 final.