WRITTEN QUESTION E-3013/01 by Niels Busk (ELDR) to the Commission. Tolerance criteria for Listeria.
Date: 2001-10-29
Institutions: European Parliament, Provisional data
Subjects: fish, food inspection, health control, product quality, public health, smoked product

20.6.2002

EN

Official Journal of the European Communities

C 147 E/75

Lastly, in two instances in the same conclusions, the European Council stressed that it ‘categorically rejects
any equation of groups of fanatical terrorists with the Arab and Muslim world.’ (See sections 1 and 3 of
the said conclusions).

(2002/C 147 E/077)

WRITTEN QUESTION E-3013/01

by Niels Busk (ELDR) to the Commission

(29 October 2001)

Subject: Tolerance criteria for Listeria

It is not possible to produce smoked salmon with zero tolerance for Listeria, as Listeria is present in the
raw fish.

Does the Commission consider the fact that Italy has zero tolerance for Listeria, whilst other Member
States have a tolerance of about 100, to be consistent with Community law?

Reply given by Mr Byrne on behalf of the Commission

(14 December 2001)

In reply to the question from the Honourable Member, the Commission can provide the following
particulars:

3 Microbiological criteria for Listeria monocytogenes (Lm) have not yet been laid down for smoked
salmon in application of Council Directive 91/493/EEC of 22 July 1991 laying down the health
conditions for the production and the placing on the market of fishery products (1).

3 In 1999, the Commission requested the Scientific Committee on Veterinary Measures relating to
Public Health to prepare an opinion on Lm (2). The opinion delivered by this Committee on
23 September 1999 contains conclusions and recommendations which are relevant in this context.
Notably,
‘[a]n objective must be to keep the concentration of L. monocytogenes in food below
100 cfu/g and to reduce the fraction of foods with a concentration above 100 L. monocytogenes per
gram significantly. This objective should be expressed as a Food Safety Objective.’

3 The Committee’s opinion on the public health aspects of Lm is thus to be distinguished from that of
undifferentiated ‘zero tolerance’ and suggests on the contrary that standards should be differentiated.
On the basis of the Committee’s scientific opinion, the Commission has prepared a draft decision in
the context of various Council directives relating to food hygiene. This decision should be presented to
the Member States within a few months.

3 In the absence of Community-level harmonisation in the area in question and within the limits of the
EC Treaty, the Member States are entitled, on prudential grounds, to lay down microbiological
standards with a view to protecting human health and the health of risk groups. These standards must
be proportionate, non-discriminatory and scientifically well-founded.

(1) OJ L 268, 24.9.1991, last amended by Council Directive 97/79/EC of 18 December 1997 amending Directives 71/
118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards
the organisation of veterinary checks on products entering the Community from third countries (OJ L 24,
30.1.1998).

(2) See the opinion of

the Scientific Committee on Veterinary Measures relating to Public Health on Listeria

monocytogenes of 23 September 1999: http://europa.eu.int/comm/food/fs/sc/scv/out25_en.html.