WRITTEN QUESTION E-1217/02

by Cristiana Muscardini (UEN) to the Commission

(29 April 2002)

Subject: Classification of fresh milk

The controversy in Italy over the correct interpretation of the definition of a fresh dairy product (concerning such factors as the addition of an adjective of colour and a shelf-life of eight days) must necessarily be a matter of concern to the Commission, in the context of Article 2 of Directive 2000/13/EC(1) of 20 March 2000 and of Directive 92/46/EEC(2) of 16 June 1992.

In its answer to question P-0352/02(3) on the same subject, the Commission stated that it did not have sufficient information on the process of production of the milk concerned, and added that a more detailed description of this process is needed for purposes of determining whether the labelling of such products is in conformity with Community law.

Can the Commission explain why it has not requested the information needed in order to evaluate, in terms of quality and correctness, the process by which milk which is not fresh ends up labelled fresh?

If there is no clear definition of fresh milk at Community level to ensure that consumers in the EU are not induced to consider as fresh a product obtained by other means, why has the Commission not submitted proposals for introducing a definition of fresh milk products (the same may be said of other products, such as bread)?

Is the existence of a common market a reason for indefinitely tolerating common designations for products which are in reality obtained by different processes?

How much longer will the Commission continue to ignore the need for consumer protection and permit, as in this case, a lack of transparency as regards the areas of origin and quality of products?

Has the Commission finally decided to take the necessary action to obtain complete, detailed information on the industrial process used to obtain the milk concerned and ensure that the labelling of this product is in conformity with Community law?

(1) OJ L 109, 6.5.2000, p. 29.

(2) OJ L 268, 14.9.1992, p. 1.

(3) OJ C 160 E, 4.7.2002, p. 211.

Answer given by Mr Byrne on behalf of the Commission

(15 July 2002)

The Commission has been able to obtain more technical information about the process used to produce the milk to which the Honourable Member refers. On basis of this information, and as the Commission has already explained in its answer to written question P-0352/02, we can say that there are at present no Community quality standards establishing criteria for defining fresh milk, such as the period since milking. Therefore, in the absence of specific Community rules, the Member States retain the right to draw up national provisions, provided these comply with the rules set out in the EC Treaty, and the Commission has been informed that such provisions do exist in Italy.

However, the Commission shares the concerns of the Honourable Member regarding the rights of the consumer to be clearly informed as to the nature and characteristics of a product marketed within the Union and to be able to appreciate the differences in quality within a group of products. There are already standard Community provisions for certain products, such as eggs(1), whose freshness is an essential quality criterion for the consumer.

As a first step, the Commission has accepted the proposal of the Parliament and of the Council to include in the draft Regulation on food hygiene(2), a definition of raw milk which is closer to that currently contained in Council Directive 92/46/EEC(3): milk produced by secretion of the mammary glands of one or more cows, ewes, goats or buffaloes, which has not been heated beyond 40 °C or undergone any treatment that has an equivalent effect. Although the concept of raw milk is not interchangeable with that of fresh milk, if the proposal were adopted in its present form, compliance with this definition on the labelling would ensure important information for the consumer.

As a second step, the Commission will examine whether there are grounds for introducing more specific provisions into Community law, regarding the quality of milk for consumption, and specifically the term fresh.

(1) Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs, OJ L 121, 16.5.1991.

(2) COM(2000) 438 final.

(3) Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products, OJ L 268, 14.9.1992.