WRITTEN QUESTION P-3353/02

by Antonios Trakatellis (PPE-DE) to the Commission

(19 November 2002)

Subject: Protection of public health and consumers from the sale of products using frozen dough and the bake-off technique

Some foodstuffs on offer to the consumer on the market in Greece and other Member States which use the bake-off technique do not constitute bread until the dough has been baked, since bread must be prepared and baked normally and it must have a proper crust over its entire surface.

Bearing this in mind, will the Commission provide the following information:

- Must products of the chilled and frozen bread (bake-off) variety be baked or not for the product to be edible and to what extent is it possible to exempt the products concerned from Community rules on public health protection and national health rules applicable to bakeries on the basis of the subsidiarity principle?

- How can public health be protected when bake-off food products in essence frozen dough products which require baking are marketed and sold in an uncontrolled manner and can be sold as bread products in supermarkets without the necessary bakery licence and without the need to comply with national health rules?

- What measures will the Commission take to protect consumers from being misled through the sale of products which are called chilled and frozen bread when the products concerned are dough, do not constitute edible bread before they are baked and are not, as they are misleadingly referred to, bake-off or fresh bread?

Response given by Mr Byrne on behalf of the Commission

(20 December 2002)

There is no legislation establishing, at Community level, harmonised provisions on the composition of bread, its denomination or its method of manufacture. It would, in fact, be extremely difficult to produce such legislation at Community level given the great diversity of products involved and the multiplicity of national and even local customs and traditions in this area.

However, like any foodstuff, these products are subject to general hygiene rules in accordance with Directive 93/43/EEC(1), to ensure their safety and wholesomeness, and to compulsory labelling, in accordance with Directive 2000/13/EC(2), enabling consumers to make an informed choice.

Article 3 of Directive 93/43/EEC states that the preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling and offering for sale or supply of foodstuffs shall be carried out in a hygienic way. Food business operators must, in particular: respect hygiene rules for food products, the areas where these are prepared, their transport, the equipment used, the staff involved, etc., as set out in the Annex to the Directive; identify critical hazards to consumer safety and establish adequate procedures to deal with these hazards on the basis of the HACCP system (Hazard Analysis Critical Control Point).

Derogations from certain provisions of the Annex may be granted according to the procedure laid down in Article 14 of this Directive.

As far as the name under which a product is sold is concerned, Article 5 of Directive 2000/13/EC states, in substance, that in the absence of Community provisions, the name under which a product is sold shall be the name customary in the Member State in which it is sold or a description of the foodstuff, and if necessary of its use, which is clear enough to let the purchaser know its true nature and distinguish it from other products with which it might be confused.

It falls to the national authorities to monitor respect for these provisions to ensure the correct application of hygiene regulations by food business operators and, in the case referred to by the Honourable Member, to verify whether the use of the name bread for the products in question is in accordance with the principles set out above.

(1) Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs OJ L 175, 19.7.1993.

(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.