Mutual information obligations of the Member States where food hygiene offences are detected (cheese, wine) - Montesquieu Instituut

COUNCIL OFBrussels, 11 July 2008

(OR. de,en)

THE EUROPEAN UNION

11711/08

AGRILEG 131

NOTE from :

German delegation

to : Council

Subject : Mutual information obligations of the Member States where food hygiene offences are detected (cheese, wine)

Delegations will find annexed hereto written information from the German delegation concerning

mutual information obligations of the Member States where food hygiene offences are detected

(cheese, wine).

ANNEX

Prompted by two recent occurrences relating to hygiene shortcomings in connection with

cheese and to adulterated wine, the German delegation wishes to emphasise the obligations

laid down in Community law to provide mutual notification whenever offences against the

provisions of Community legislation are detected.

Mutual notification is important not only for reasons of consumer protection but also because

otherwise trust in the European system of controls and standards, as well as the image of

European products, is undermined.

In the field of foodstuffs and veterinary legislation, Directive 89/608/EEC 1 provides for

immediate mutual notification of the competent authorities of the Member States of activities which

are in breach of the relevant Community legislation, with regard also to products of animal origin.

Furthermore, Article 37 of Regulation (EC) No 882/2004 2 imposes on Member States the

obligation to notify each other immediately where the competent authorities of a Member State

receive infomation concerning a contravention which may have repercussions for another

Member State. These obligations refer not only to foodstuffs involving a health risk, but also to all

offences against Community food legislation, e.g. also food hygiene legislation.

In the wine sector, in accordance with the specific provisions on controls under Articles 7 and 8 of

Regulation (EC) No 2729/2000 3, the Member States are obliged in all cases to inform each other

where there is suspicion of fraud. This obligation exists even where no health risk obtains. Only if

The Federal Government is particularly concerned that where these current episodes were

concerned the German authorities received much important information initially from press reports,

but not under the information exchange between the authorities concerned in the Member States.

Such problems in the exchange of information between authorities render it more difficult for the

supervisory authorities to carry out their duties in connection with consumer health protection in the

food distribution chain and in combating fraud. The reliability of official checks in the internal

market is thus damaged and consumer trust in the safety and quality of food products is lost. Even

individual cases may in this way result in lasting damage to the reputation of food product

supervision, the food industry and the wine sector.

For these reasons the German delegation would like to draw attention in the strongest terms to the

requirements of Community legislation regarding the mutual exchange of information between the

Member States where offences are detected. In addition, the Commission is also urged to take

systematic action on offences against Community legislation.