WRITTEN QUESTION E-1217/02 by Cristiana Muscardini (UEN) to the Commission. Classification of fresh milk.
Date: 2002-04-29
Institutions: European Parliament, Provisional data
Subjects: Italy, competence of the Member States, consumer information, foodstuffs legislation, fresh product, interpretation of the law, labelling, milk, product designation, raw milk

5.12.2002

EN

Official Journal of the European Communities

C 301 E/107

the
As to the question of participation of anglers in the Community’s decision making process,
enhancement of the participation of stakeholders is one of the priorities in the reform of the Common
Fisheries Policy. In that context, and inasmuch as the Commission takes initiatives on sea angling or on
fisheries in which they have a major interest, anglers’ associations will certainly be consulted as an
fundamental stakeholder in this activity.

(2002/C 301 E/111)

WRITTEN QUESTION E-1216/02

by Carlos Bautista Ojeda (Verts/ALE) to the Commission

(29 April 2002)

Subject: Proposal on the COM in rice

Various sources indicate that the Commission may be about to submit a proposal on the COM in rice to
coincide with the mid-term review, during the Spanish Presidency.

The proposal submitted almost a year ago on the need to review the relevant intervention mechanism has
been widely rejected.

Does the Commission actually intend to submit a fresh proposal in June?

Have the consequences of the possible elimination of the intervention price been adequately assessed?

Are the consequences and repercussions which the ‘everything but weapons’ initiative would have in this
sector being evaluated?

Answer given by Mr Fischler on behalf of the Commission

(7 June 2002)

The Commission has the intention to include the rice sector in the mid-term review.

In the context of the new proposal the questions about possible elimination of the intervention price, as
well as the consequences of the ‘Everything But Arms’ initiative will be addressed.

In February 2001 the Commission published an initial study concerning the possible impact of the
‘Everything But Arms’ proposal on the agricultural sector (http://europa.eu.int/comm/trade/pdf/eba_ias.pdf).

(2002/C 301 E/112)

WRITTEN QUESTION E-1217/02

by Cristiana Muscardini (UEN) to the Commission

(29 April 2002)

Subject: Classification of ‘fresh milk’

The controversy in Italy over the correct
interpretation of the definition of a ‘fresh’ dairy product
(concerning such factors as the addition of an adjective of colour and a shelf-life of eight days) must
necessarily be a matter of concern to the Commission,
in the context of Article 2 of Directive
2000/13/EC (1) of 20 March 2000 and of Directive 92/46/EEC (2) of 16 June 1992.

In its answer to question P-0352/02 (3) on the same subject, the Commission stated that it did not have
sufficient information on the process of production of the milk concerned, and added that a more detailed
description of this process is needed for purposes of determining whether the labelling of such products is
in conformity with Community law.

C 301 E/108

Official Journal of the European Communities

EN

5.12.2002

Can the Commission explain why it has not requested the information needed in order to evaluate, in
terms of quality and correctness, the process by which milk which is not fresh ends up labelled ‘fresh’?

If there is no clear definition of ‘fresh’ milk at Community level to ensure that consumers in the EU are not
induced to consider as ‘fresh’ a product obtained by other means, why has the Commission not submitted
proposals for introducing a definition of ‘fresh’ milk products (the same may be said of other products,
such as bread)?

Is the existence of a ‘common market’ a reason for indefinitely tolerating common designations for
products which are in reality obtained by different processes?

How much longer will the Commission continue to ignore the need for consumer protection and permit,
as in this case, a lack of transparency as regards the areas of origin and quality of products?

Has the Commission finally decided to take the necessary action to obtain complete, detailed information
on the industrial process used to obtain the milk concerned and ensure that the labelling of this product is
in conformity with Community law?

(1) OJ L 109, 6.5.2000, p. 29.
(2) OJ L 268, 14.9.1992, p. 1.
(3) OJ C 160 E, 4.7.2002, p. 211.

Answer given by Mr Byrne on behalf of the Commission

(15 July 2002)

The Commission has been able to obtain more technical information about the process used to produce
the milk to which the Honourable Member refers. On basis of this information, and as the Commission
has already explained in its answer to written question P-0352/02, we can say that there are at present no
Community quality standards establishing criteria for defining ‘fresh’ milk, such as the period since
milking. Therefore, in the absence of specific Community rules, the Member States retain the right to draw
up national provisions, provided these comply with the rules set out in the EC Treaty, and the Commission
has been informed that such provisions do exist in Italy.

However, the Commission shares the concerns of the Honourable Member regarding the rights of the
consumer to be clearly informed as to the nature and characteristics of a product marketed within the
Union and to be able to appreciate the differences in quality within a group of products. There are already
standard Community provisions for certain products, such as eggs (1), whose freshness is an essential
quality criterion for the consumer.

As a first step, the Commission has accepted the proposal of the Parliament and of the Council to include
in the draft Regulation on food hygiene (2), a definition of raw milk which is closer to that currently
contained in Council Directive 92/46/EEC (3): ‘milk produced by secretion of the mammary glands of one
or more cows, ewes, goats or buffaloes, which has not been heated beyond 40 °C or undergone any
treatment that has an equivalent effect’. Although the concept of ‘raw milk’ is not interchangeable with
that of ‘fresh milk’, if the proposal were adopted in its present form, compliance with this definition on the
labelling would ensure important information for the consumer.

As a second step, the Commission will examine whether there are grounds for introducing more specific
provisions into Community law, regarding the quality of milk for consumption, and specifically the term
‘fresh’.

(1) Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation

(EEC) No 1907/90 on certain marketing standards for eggs, OJ L 121, 16.5.1991.

(2) COM(2000) 438 final.
(3) Council Directive 92/46/EEC 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, OJ L 268, 14.9.1992.