WRITTEN QUESTION E-3354/01 by Paulo Casaca (PSE) to the Commission. Are traditional Portuguese sausages banned under European rules?.
Date: 2001-12-05
Institutions: European Parliament, Provisional data
Subjects: European standard, Portugal, application of EU law, craft production, health legislation, meat product, public health

C 134 E/220

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6.6.2002

Council adopted Regulation (EEC) No 1408/71 (1) on the application of social security systems to
employed persons and their families moving within the Community. As far as can be judged, this ought to
apply also to the payment of maternity, paternity and parental benefits. Under current Finnish health
insurance legislation, an insured person is entitled to full maternity, paternity and parental benefits only is
he/she has been resident in Finland for at least 180 days immediately preceding the estimated date of
confinement.

How does the Commission plan to ensure that maternity benefit is paid in full to mothers who, prior to
their confinement, have worked in a country other than their home country? How does it intend to
guarantee free movement for workers without jeopardising their entitlement to social benefits?

(1) OJ L 149, 5.7.1971, p. 2.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 January 2002)

The Commission wishes to confirm that Council Regulation (EEC) No 1408/71 of 14 June 1971 on the
application of social security schemes to employed persons and their families moving within the
Community (1), which coordinates the different national social security systems and aims to offer effective
protection to persons moving within the Union, coordinates maternity benefits, paternity benefits and
parental benefits awarded under the Member States’ statutory social security systems.

This Community instrument specifies that the law of the state of employment is the applicable law. Hence,
a worker has a right to maternity benefits in kind provided for in the social security legislation of her state
of employment, even if she resides on the territory of another Member State. As to paternity and parental
benefits, the Court of Justice has already pronounced on the German education allowance and the Swedish
parental benefits, which it has defined as ‘family benefits’ within the meaning of the abovementioned
Regulation (EEC) No 1408/71 (2).

The Commission recalls that Regulation (EEC) No 1408/71 organises a system which guarantees the
payment of benefits to migrant workers and their dependents residing on the territories of the Member
States, as provided for by Article 42 (ex Article 51) of the EC Treaty itself. For example, Regulation (EEC)
No 1408/71 provides for the exportation of social security benefits such as invalidity, old age or survivors’
benefits in kind, or pensions for accidents at work or occupational diseases.

(1) OJ L 149, 5.7.1971, as amended by Council Regulation (EC) No 118/97 of 2 December 1996, OJ L 28,

(2)

30.10.1997.
Judgment of 10 October 1996, Hoever and Zachow, C-245/94 and C-312/94, ECR 1996, I-4895. Judgment of
11 June 1998, Kuusijärvi, C-275/96, ECR 1998, I-3419.

(2002/C 134 E/234)

WRITTEN QUESTION E-3354/01

by Paulo Casaca (PSE) to the Commission

(5 December 2001)

Subject: Are traditional Portuguese sausages banned under European rules?

The production of handmade sausages is an invaluable part of Portugal’s historical heritage and the
possibility that it might be prohibited by Community legislation is accordingly causing serious disquiet.

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C 134 E/221

On 26 October 2001 the newspaper Público published an article entitled ‘Sopa de Pedra de Almeirim
atingida pelas normas europeias’ (Sopa de Pedra de Almeirim C a Portuguese sausage-based speciality C
hit by European rules) in which it claimed, among other things, that:

C the Commission disapproves of the smoke-based techniques for filling and drying sausages;

C handmade sausage production is prohibited by Community rules because, whether or not it conforms
to health and safety regulations, it does not meet the standards regarding the size of premises used for
processing.

Could the Commission confirm whether the above assertions are true and specify the exact points of law
which constitute the grounds for its answer?

In particular, are industrial and non-industrial production systems subject to the same rules regarding the
minimum processing area for sausages?

What body of Community legislation in force in Portugal do the producers of handmade sausages have to
observe?

Answer given by Mr Byrne on behalf of the Commission

(28 January 2002)

Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade
in meat products (1), as amended by Council Directive 92/5/EEC of 10 February 1992 (2), lays down the
health rules for the production and placing on the market of meat products such as chouriços or enchidos,
which are used as ingredients in la Sopa de Pedra de Almeirim referred to by the Honourable Member.
Article 9 provides for derogations for establishments without an industrial structure or an industrial
production capacity. Commission Decision 94/383/EC of 3 June 1994 on the criteria to be applied to
establishments manufacturing meat products without having an industrial structure or an industrial
production capacity (3) allows Member States
these
establishments which should not exceed 7,5 tonnes of finished product per week.

to lay down a weekly production limit

for

The provisions of Annex A Chapter I merely specify that all the establishments referred to ‘shall afford …
working areas of sufficient size for work to be carried out under adequate hygienic conditions. Their
design and layout shall be such as to preclude contamination of the raw materials and the [meat]
products’. No restrictions apply as regards smoking techniques.

Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (4) completes the set of
Community legislative provisions on small-scale or farm-based production, which is restricted to direct
sales of these foods.

Community legislation in force therefore lays down provisions dealing with industrial, non-industrial and
small-scale production.

Directive 77/99/EEC was transposed into Portuguese law by means of Decree-Law 342/98 as regards
industrial production, and by Ministerial Order 683/95 with respect to establishments with no industrial
structure or industrial production capacity. Directive 93/43/EEC was transposed by means of Decree-Law
67/98 as regards production with a view to direct sale to the final consumer.

foodstuffs (5), which was adopted by the Commission on
The draft Regulation on the hygiene of
14 July 2000 and forwarded to the Council and Parliament as part of the codecision procedure, proposed
that the legislation in force be simplified. Design and hygiene requirements for premises are laid down, but
no minimum size is specified as is claimed in Mr Fernandes Vicente’s article in the Público newspaper on
26 October 2001 entitled ‘Sopa da pedra de Almeirim atingida pelas normas europeias’, of which the
Commission has taken note. There is no provision specifically concerned with filling or smoking sausages,
which nevertheless remain subject to the general hygiene rules on the handling of foodstuffs of animal
origin intended for human consumption.

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Given that it attaches great importance to maintaining cultural traditions in Europe, the Commission has
furthermore proposed, in Article 4 of the above-mentioned draft, a system whereby Member States may
adapt requirements to take account of special geographical constraints, distribution at a purely local level
and/or
food hygiene are not
compromised. These adaptations would therefore be particularly relevant for small-scale producers who
sell traditional products locally.

traditional methods of production, provided that

the objectives of

(1) OJ L 26, 31.1.1977.
(2) OJ L 57, 2.3.1992.
(3) OJ L 174, 8.7.1994.
(4) OJ L 175, 19.7.1993.
(5) OJ C 365 E, 19.12.2000.

(2002/C 134 E/235)

WRITTEN QUESTION E-3361/01

by Michael Cashman (PSE) to the Commission

(6 December 2001)

Subject: Food allergies

Is the Commission aware of the risk that gluten and lactose may pose for many people? Can the
Commission detail what steps it is taking to ensure that processed products and restaurant menus identify
whether they contain either of these two ingredients?

Answer given by Mr Byrne on behalf of the Commission

(21 January 2002)

The Commission is aware that gluten causes intolerance in certain people and that dairy products,
including lactose, are one of the most common allergens.

For persons suffering from allergies or intolerance to one or more substances, it is indeed essential to be
able to check whether this substance or these substances are present in foods.

is why,

in keeping with its intention announced in the White Paper on food safety (1),

the
That
Commission presented Parliament and Council with a proposal (2) amending Directive 2000/13/EC on the
labelling of foods.

This proposal includes a list of ingredients or substances that cause allergies or forms of intolerance, and
stipulates that the ingredients or substances concerned, or products derived therefrom, must be mentioned
on the labelling of foods in which they are present, with no possibility of exemptions.

Cereals containing gluten and dairy products are included in this list.

As far as foodstuffs sold in a non-pre-packaged form are concerned, which includes foods offered by
restaurants, Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 (3)
stipulates that the requisite information must be communicated to consumers in a way to be decided by
the Member States. These rules will continue to apply following the adoption of the proposal referred to
above.

(1) COM(1999) 719 final.
(2) OJ C 332 E, 27.11.2001.
(3) OJ L 109, 6.5.2000.