WRITTEN QUESTION P-1656/03

by Giovanni Pittella (PSE) to the Commission

(13 May 2003)

Subject: Parmalat FrescoBlu milk

A milk called Latte FrescoBlu, produced (in a plant in Germany) by the microfiltration process, is being marketed in Italy by the Parmalat company under the denomination of Latte Fresco, thus implying that it has the properties of fresh milk.

However, as the microfiltration technique used to produce this milk has not yet been authorised by the Commission, doubts remain as to whether the product meets the defining criteria for fresh milk and, consequently, whether it is legitimate to denominate it as such.

The Italian government issued two decrees, one concerning the authorisation of the technical process involved (microfiltration), and the other the labelling of products obtained by that process, without notifying the Commission thereof.

To remedy that omission, Italy, in line with Directive 98/34/EC(1), subsequently forwarded to the Commission two new proposals for decrees repealing those previously issued.

Despite the fact that the Commission is still considering the two proposals, Parmalat is continuing to market FrescoBlu (microfiltered) milk in Italy.

No Member State has officially authorised the technical process in question up to now.

To date, the Italian authorities have not released any information concerning the progress of the notification procedure, while the press continues to publish information to the effect that the two decrees are in force without referring to the procedure currently under way in the Commission

Would the Commission state what is the probable timescale for the completion of the procedure currently under way and what steps it intends to take in the meantime to remedy the unacceptable disparity between the criteria applied to fresh milk produced in Italy (under Law 169/89) as opposed to microfiltered milk marketed in Italy, but produced abroad (e.g. the strict requirement, under that law, for fresh milk to have a shelf life of no more than 4 + 1 days)?

What measures does the Commission intend to take, furthermore, with regard to the legitimacy or otherwise of applying the term fresh to milk obtained by microfiltration and distributing it, with particular reference to consumer protection and the need for consumers to be provided with accurate information?

(1) OJ L 204, 21.7.1998, p. 37.

Answer given by Mr Byrne on behalf of the Commission

(13 June 2003)

Under the notification procedure introduced through Directive 98/34/EC(1), to which the Honourable Member refers, the Italian authorities sent the Commission, on 10 October 2002, a draft ministerial decree concerning the labelling of fresh milk, which applies without distinction to national products and to those from other countries. In response to the draft decree, the Commission delivered a detailed opinion, to which the Italian authorities gave their reaction on 9 May 2003. The Commission is currently examining the reaction and will take appropriate action in this regard.

In the absence of Community provisions concerning the definition of fresh milk, it is up to each of the Member States to adopt, for its own territory, all the rules concerning the marketing characteristics of this product, provided that they neither cause discrimination against imported products nor hinder the importation of products from other Member States.

In general, the use of the term fresh in, or together with, the name under which a particular foodstuff is sold and, likewise, the use of any other term, is possible only if the principles established in Article 2 of Directive 2000/13/EC on the labelling of foodstuffs(2) are complied with. In particular, this Article stipulates that the labelling and methods used must not be such as could mislead the purchaser as to the characteristics of the foodstuff.

With an eye to modernising harmonised legislation on the labelling of foodstuffs, the Commission has undertaken a major project to evaluate this legislation, the results of which are expected at the end of 2003. As part of this work, the Commission will also investigate whether it is necessary and feasible to establish clearer criteria on the use of terms such as fresh.

(1) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations OJ L 204, 21.7.1998.

(2) Directive 2000/13/EC of the European 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.