WRITTEN QUESTION P-1656/03 by Giovanni Pittella (PSE) to the Commission. Parmalat FrescoBlu milk.
Date: 2003-05-13
Institutions: European Parliament, Provisional data
Subjects: Italy, consumer information, exchange of information, foodstuffs legislation, fresh product, labelling, milk, product designation, technical standard

C 280 E/172

Official Journal of the European Union

EN

21.11.2003

Will the Commission draw up uniform rules governing admission to practise the profession of locksmith?

Which professions are currently regulated under Community legislation as regards admission to practise?

(1) OJ C 142, 21.5.1999, p. 17.

Answer given by Mr Bolkestein on behalf of the Commission

(10 June 2003)

With regard to the recognition of professional qualifications, the profession of locksmith is covered by
Directive 1999/42/EC (1). Under Article 4 of the Directive, which incorporates without amendment the
corresponding provision of Directive 64/427/EEC, which is no longer in force, Member States which make
the taking-up or pursuit of the activity in question subject to possession of general or specific knowledge
and ability must accept as sufficient evidence of such knowledge and ability the fact that the activity in
question has been pursued in another Member State for a certain length of time (in principle, six years) in
either a self-employed capacity or as a manager of an undertaking. Alternatively, professionals who do not
meet the conditions of professional experience required under Article 4 may request recognition of their
diploma, certificate or other formal qualification in accordance with the conditions of Article 3 of the
Directive. Where the differences between the qualifications acquired by the applicant and those required by
the host Member State are substantial, the Member State may require the applicant to undergo an aptitude
test or adaptation period in accordance with the procedures provided for.

The profession of locksmith is therefore regulated by a mechanism for mutual recognition which is not
based on coordination of the minimum training requirements nor of the conditions of access to the
profession. It is therefore, in principle, the responsibility of the Member States to regulate the professions
on their territory, and it is within the framework of national regulations that security requirements relating
to the exercise of a profession are taken into account where necessary. Where coordination of the
conditions of access to professions would involve in at least one Member State amendment of the existing
principles laid down by law to regulate this matter, a Directive would have to be adopted unanimously by
the Council in accordance with Article 47(2) of the EC Treaty. From the information available to the
Commission, the Member States have little inclination for further coordination in this area.

The professions for which the conditions of access are currently coordinated by Community rules are
doctor, midwife, nurse responsible for general care, dental practitioner, veterinary surgeon and pharmacist,
as well as the auditing profession.

(1) Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for
the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation
and transitional measures and supplementing the general systems for the recognition of qualifications (cid:1) OJ L 201,
31.7.1999.

(2003/C 280 E/191)

WRITTEN QUESTION P-1656/03

by Giovanni Pittella (PSE) to the Commission

(13 May 2003)

Subject: Parmalat ‘FrescoBlu’ milk

A milk called ‘Latte FrescoBlu’, produced (in a plant in Germany) by the microfiltration process, is being
marketed in Italy by the Parmalat company under the denomination of ‘Latte Fresco’, thus implying that it
has the properties of fresh milk.

However, as the microfiltration technique used to produce this milk has not yet been authorised by the
Commission, doubts remain as to whether the product meets the defining criteria for fresh milk and,
consequently, whether it is legitimate to denominate it as such.

The Italian government issued two decrees, one concerning the authorisation of the technical process
involved (microfiltration), and the other the labelling of products obtained by that process, without
notifying the Commission thereof.

21.11.2003

EN

Official Journal of the European Union

C 280 E/173

To remedy that omission,
Commission two new proposals for decrees repealing those previously issued.

in line with Directive 98/34/EC (1), subsequently forwarded to the

Italy,

Despite the fact that the Commission is still considering the two proposals, Parmalat is continuing to
market ‘FrescoBlu’ (microfiltered) milk in Italy.

No Member State has officially authorised the technical process in question up to now.

the Italian authorities have not released any information concerning the progress of

the
To date,
notification procedure, while the press continues to publish information to the effect that the two decrees
are in force without referring to the procedure currently under way in the Commission

Would the Commission state what is the probable timescale for the completion of the procedure currently
under way and what steps it intends to take in the meantime to remedy the unacceptable disparity
between the criteria applied to fresh milk produced in Italy (under Law 169/89) as opposed to
microfiltered milk marketed in Italy, but produced abroad (e.g. the strict requirement, under that law, for
fresh milk to have a shelf life of no more than 4 + 1 days)?

What measures does the Commission intend to take, furthermore, with regard to the legitimacy or
otherwise of applying the term ‘fresh’ to milk obtained by microfiltration and distributing it, with
particular reference to consumer protection and the need for consumers to be provided with accurate
information?

(1) OJ L 204, 21.7.1998, p. 37.

Answer given by Mr Byrne on behalf of the Commission

(13 June 2003)

Under the notification procedure introduced through Directive 98/34/EC (1), to which the Honourable
Member refers, the Italian authorities sent the Commission, on 10 October 2002, a draft ministerial decree
concerning the labelling of fresh milk, which applies without distinction to national products and to those
from other countries. In response to the draft decree, the Commission delivered a detailed opinion, to
which the Italian authorities gave their reaction on 9 May 2003. The Commission is currently examining
the reaction and will take appropriate action in this regard.

In the absence of Community provisions concerning the definition of fresh milk, it is up to each of the
Member States to adopt, for its own territory, all the rules concerning the marketing characteristics of this
product, provided that
imported products nor hinder the
importation of products from other Member States.

they neither cause discrimination against

In general, the use of the term ‘fresh’ in, or together with, the name under which a particular foodstuff is
sold and, likewise, the use of any other term, is possible only if the principles established in Article 2 of
Directive 2000/13/EC on the labelling of foodstuffs (2) are complied with.
this Article
stipulates that the labelling and methods used must not be such as could mislead the purchaser as to the
characteristics of the foodstuff.

In particular,

With an eye to modernising harmonised legislation on the labelling of foodstuffs, the Commission has
undertaken a major project to evaluate this legislation, the results of which are expected at the end of
2003. As part of this work, the Commission will also investigate whether it is necessary and feasible to
establish clearer criteria on the use of terms such as ‘fresh’.

(1) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for

the provision of information in the field of technical standards and regulations (cid:1) OJ L 204, 21.7.1998.

(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 (cid:1) OJ L 109,
6.5.2000.