WRITTEN QUESTION E-4187/97 by Christian Cabrol (UPE) to the Commission (21 January 1998)

Subject: Listeria in milk-based products and amendment of Directive 92/46/EEC

The entry into force on 1 January 1998 of Directive 92/46/EEC ((OJ L 268, 14.9.1992, p.1. )) 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 is of particular concern to French cheese-makers and cheese ripening cellars.

Given the existing installations and equipment, a majority of establishments will not be able to conform to the requirements of the regulation, in particular the criteria for Listeria monocytogenes and Staphylococcus aureus bacteria.

With regard to the Staphylococcus aureus bacteria:

- taking into account certain tests carried out at the 'pôle fromager AOC Massif Central' and as provided for in Directive 92/46/EEC, a derogation could be granted by the Commission so that the obligation to test for enterotoxinogenic Staphylococcus is applied once the level of 100 000 bacteria per gram has been exceeded instead of the 10 000 bacteria per gram set out in the directive.

With regard to the Listeria monocytogenes bacteria:

- a tolerance of 100 Listeria per gram could be applied, checking that this threshold has not been exceeded on the optimum use-by date, which would allow the sector to modernise in order to be able to achieve the criteria of 'absence of Listeria in 25 gram' in the medium term.

Can the Commission reconsider the existing criteria in order to amend Directive 92/46/EEC to deal with the situation which affects some 7 000 jobs in this sector?

Answer given by Mr Fischler on behalf of the Commission (2 March 1998)

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 came into force on 1 January 1994. The microbiological requirements for Listeria monocytogenes and Staphylococcus aureus bacteria laid down in Chapter II of Annex C of that Directive have therefore been applicable since that date.

So that businesses would have time to bring their premises and equipment up to the standards required by Directive 92/46/EEC, the Council adopted Directive 92/47/EEC of 16 June 1992 on the conditions for granting temporary and limited derogations from specific Community health rules on the production and placing on the market of milk and milk-based products, allowing the Member States to grant exemption from certain requirements of Directive 92/46/EEC until 1 January 1998, on condition in particular that the establishments applying for exemption also submitted a work plan and programme indicating the period within which it would be possible for the establishment to comply with the requirements of Directive 92/46/EEC. Pursuant to Article 1 of Directive 92/47/EEC, all establishments were bound to comply with the requirements of Directive 92/46/EEC from 1 January 1998.

In addition to setting standards for premises, equipment and procedures, the Directive 92/46/EEC also requires that the products containing milk satisfy the microbiological criteria set out in Chapter II of Annex C. The microbiological criteria established for Listeria monocytogenes and for Staphylococcus aureus bacteria, applicable to milk-based products on removal from the processing establishment, are intended to protect consumers from intoxication and poisoning. If the thresholds laid down in the Directive are exceeded, the authorities must deal with the milk-based products cocnerned so as to safeguard human health. If a germ count higher than that allowed by Chapter II of Annex C were tolerated in certain milk-based products, the wholesomeness of milk products would be compromised and European consumer protection would be adversely affected. The Commission therefore has no plans to propose any change to these microbiological criteria.