WRITTEN QUESTION E-3354/01

by Paulo Casaca (PSE) to the Commission

(5 December 2001)

Subject: Are traditional Portuguese sausages banned under European rules?

The production of handmade sausages is an invaluable part of Portugal's historical heritage and the possibility that it might be prohibited by Community legislation is accordingly causing serious disquiet.

On 26 October 2001 the newspaper Público published an article entitled Sopa de Pedra de Almeirim atingida pelas normas europeias (Sopa de Pedra de Almeirim a Portuguese sausage-based speciality hit by European rules) in which it claimed, among other things, that:

- the Commission disapproves of the smoke-based techniques for filling and drying sausages;

- handmade sausage production is prohibited by Community rules because, whether or not it conforms to health and safety regulations, it does not meet the standards regarding the size of premises used for processing.

Could the Commission confirm whether the above assertions are true and specify the exact points of law which constitute the grounds for its answer?

In particular, are industrial and non-industrial production systems subject to the same rules regarding the minimum processing area for sausages?

What body of Community legislation in force in Portugal do the producers of handmade sausages have to observe?

Answer given by Mr Byrne on behalf of the Commission

(28 January 2002)

Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products(1), as amended by Council Directive 92/5/EEC of 10 February 1992(2), lays down the health rules for the production and placing on the market of meat products such as chouriços or enchidos, which are used as ingredients in la Sopa de Pedra de Almeirim referred to by the Honourable Member. Article 9 provides for derogations for establishments without an industrial structure or an industrial production capacity. Commission Decision 94/383/EC of 3 June 1994 on the criteria to be applied to establishments manufacturing meat products without having an industrial structure or an industrial production capacity(3) allows Member States to lay down a weekly production limit for these establishments which should not exceed 7,5 tonnes of finished product per week.

The provisions of Annex A Chapter I merely specify that all the establishments referred to shall afford working areas of sufficient size for work to be carried out under adequate hygienic conditions. Their design and layout shall be such as to preclude contamination of the raw materials and the [meat] products. No restrictions apply as regards smoking techniques.

Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(4) completes the set of Community legislative provisions on small-scale or farm-based production, which is restricted to direct sales of these foods.

Community legislation in force therefore lays down provisions dealing with industrial, non-industrial and small-scale production.

Directive 77/99/EEC was transposed into Portuguese law by means of Decree-Law 342/98 as regards industrial production, and by Ministerial Order 683/95 with respect to establishments with no industrial structure or industrial production capacity. Directive 93/43/EEC was transposed by means of Decree-Law 67/98 as regards production with a view to direct sale to the final consumer.

The draft Regulation on the hygiene of foodstuffs(5), which was adopted by the Commission on 14 July 2000 and forwarded to the Council and Parliament as part of the codecision procedure, proposed that the legislation in force be simplified. Design and hygiene requirements for premises are laid down, but no minimum size is specified as is claimed in Mr Fernandes Vicente's article in the Público newspaper on 26 October 2001 entitled Sopa da pedra de Almeirim atingida pelas normas europeias, of which the Commission has taken note. There is no provision specifically concerned with filling or smoking sausages, which nevertheless remain subject to the general hygiene rules on the handling of foodstuffs of animal origin intended for human consumption.

Given that it attaches great importance to maintaining cultural traditions in Europe, the Commission has furthermore proposed, in Article 4 of the above-mentioned draft, a system whereby Member States may adapt requirements to take account of special geographical constraints, distribution at a purely local level and/or traditional methods of production, provided that the objectives of food hygiene are not compromised. These adaptations would therefore be particularly relevant for small-scale producers who sell traditional products locally.

(1) OJ L 26, 31.1.1977.

(2) OJ L 57, 2.3.1992.

(3) OJ L 174, 8.7.1994.

(4) OJ L 175, 19.7.1993.

(5) OJ C 365 E, 19.12.2000.