WRITTEN QUESTION E-0457/01 by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission. food monitoring.
Date: 2001-02-19
Institutions: European Parliament, Provisional data
Subjects: food inspection, foodstuffs legislation, fraud, health risk, human nutrition

13.11.2001

EN

Official Journal of the European Communities

C 318 E/55

Campania and Sicily, directly managed by the regional administrations. Following article 8 of Council
Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural
Funds (6), the implementation of assistance is the responsibility of the Member States at the appropriate
territorial level.

(1) Priorities and criteria governing the Commission(cid:146)s discretionary power are listed in the Fourteenth annual report on

monitoring the application of Community law (cid:129) 1996 (OJ C 332, 3.11.1997).

(2) OJ L 135, 30.5.1991.
(3) OJ L 194, 25.7.1975.
(4) OJ L 129, 18.5.1976.
(5) OJ L 78, 26.3.1991.
(6) OJ L 161, 26.6.1999.

(2001/C 318 E/057)

WRITTEN QUESTION E-0457/01

by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission

Subject: food monitoring

(19 February 2001)

In view of the numerous cases of fraud which have come to light in Italy and other countries, can the
Commission say what measures it has taken to check that banned products are not used in food in the EU
and to monitor the situation?

Such cases of fraud have included:

(cid:129) olive oil diluted with seed oils or olive residues;

(cid:129) dried ox blood for colouring wine (France, 1999);

(cid:129) meal derived from mineral oils;

(cid:129) chickens, hams and pigs contaminated by carcinogens such as polychlorobiphenyl, of which dioxin is

a derivative;

(cid:129) the use of powdered milk in the production of cheeses, ice creams, etc.

Can the Commission also specify which of these cases of fraud relate to products imported from non-
member states?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2001)

Blends of olive oil with other vegetable oils that are declared and sold as such are not prohibited under
Community legislation and pose no health risk.

As regards blends with oils obtained from the second pressing, these are everyday virgin olive oils which
are in any case refined and thus pose no health risk.

As regards blends which are fraudulent, i.e. not declared as such and sold as olive oil, it is the Member
the level of
States themselves who are responsible for measures and controls to combat
consumption.

fraud at

However, the Commission has regulated a whole series of methods for detecting blends and promotes the
improvement of analysis methods. In addition, Community legislation provides for controls on over 30 %
of mills.

The use of blood albumin (not powdered blood), now banned by Community legislation, was legal until
1997 as a processing aid to clarify wine, i.e. without leaving any residue in the wine. The use of colouring
agents in wine has always been prohibited.

C 318 E/56

Official Journal of the European Communities

EN

13.11.2001

Wine sector products, and notably wines, are subject to all the controls applicable to foodstuffs. In
addition, Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the
market in wine (1) lays down specific provisions in its Article 72 regarding controls in the wine sector,
notably to ensure compliance with product composition and production methods. Commission Regulation
(EC) No 2729/2000 of 14 December 2000 (2) specifies how these controls shall be organised and
implemented. The control measures may focus in particular on the composition and organoleptic
characteristics of the product, its description and presentation, and compliance with the rules governing its
production and marketing. Also, Article 72 of Regulation (EC) No 1493/1999 provides for the creation of
a body of specific Commission officials in order to ensure the uniform application of the rules in the wine
sector. The Commission has no knowledge of this type of fraud in imported wines.

Concerning the question on meals and mineral oils the Commission thinks that the Honourable Members
refer to findings by Swiss researchers reporting the presence of residues of possibly mineral oils in
feedingstuffs (September 2000). The issue, which was not reported as a fraud, has been discussed in the
Standing Committee for Animal Nutrition of September 2000. It was concluded that many questions still
need to be resolved, in particular with regard to the interpretation of the analytical results obtained and
with regard to the analytical method used, before considering a specific monitoring programme.

During the dioxin crisis, Community measures obliged Member States to perform strict monitoring of
suspected meat and meat products from Belgium. In the event of contamination, the product had either to
be destroyed in the Member State concerned or sent back for destruction in Belgium. Cases of fraud are
investigated under the judicial procedures of the Member State in question.

Article 7 of Council Directive 92/46/EC 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 (3) lays down the health
rules for the production of milk-based products obtained from milk or from milk-based products that
satisfy the requirements of Article 6 or Article 7.

This does not exclude, from a health point of view, the use of powdered milk intended for human
consumption in the processing of cheeses or ice cream.

Furthermore, in the absence of Community legislation on the production and marketing of cheeses or ice
cream, the use of powdered milk as an ingredient for these products is subject to national legislation on
the matter.

In this respect, the Commission would like to refer in particular to products covered by Council Regulation
indications and designations of
(EEC) No 2081/92 of 14 July 1992 on the protection of geographical
origin for agricultural products and foodstuffs (4) or by Council Regulation (EEC) No 2082/92 of 14 July
1992, on certificates of specific character for agricultural products and foodstuffs (4). In those particular
cases, it may be that Member States grant protected designation to certain foodstuffs provided that they
obey specifications which may be, for example, the prohibition of the use of milk powder in certain
traditional cheeses (Article 4 or 6).

Articles 10 and 14 state that if a designated inspection authority and/or private body in a Member State
establishes that an agricultural product or a foodstuff bearing a protected name in that Member State does
not meet the criteria of the specification, they shall take the steps necessary to ensure that this Regulation
is complied with. It then belongs to the responsibility of each Member State to monitor the situation.

The fraud cases cited by the Honourable Members almost all originated in Member States. As regards fraud
cases related to products imported from third countries, the Commission refers the Honourable Members
to certain of its annual reports on protecting the Communities(cid:146) financial interests and the fight against
fraud, particularly with regard to olive oil (5).

(1) OJ L 179, 14.7.1999.
(2) OJ L 316, 15.12.2000.
(3) OJ L 268, 14.9.1992.
(4) OJ L 208, 24.7.1992.
(5) Notably the annual report for 1998; COM(1999) 590.