Alberto Alemanno

E. coli outbreak in the (organic) EU food-supply chain: why the EU has not acted yet?

E.coli organic is not an oxymoron. This seems the first learning outcome of the ongoing food scare spreading across Europe.

After years of smooth functioning, the EU food safety regime seems to be put under a « stress test » again these days. This time is not dioxine or BSE, but organic cucumbers (I emphasize the adjective ‘organic’) seem to be the source of concern, having being identified as carrying a rare enterohemorrhagic strain of the bacterium Escherichia coli : O104:H4.

According to the European Centre for Disease Prevention and Control, a batch of cucumbers coming from Spain would be responsible to "one of the largest described of Haemolytic Uraemic Syndrome (HUS) worldwide" which causes kidney problems and is potentially fatal. Yet since HUS normally affects children under the age of five (approximately 1 in every 10 children who have E. coli gastroenteritis will go on to develop HUS), this E.coli outbreak seems to have caught by surprise scientists who recognize that in this instance nearly 90% of those affected are adults and two-thirds are women.

The specific strains involved are called Shiga toxin-producing E.coli and are known to cause amongst other symptoms HUS in humans which is acquired as a foodborne illness and can cause serious health effects.

The victims

As of today, the E. Coli outbreak is responsible for 14 deaths in Germany, while a total number of 1200 cases have been recorded there. Almost 70% of the victims are women. Sweden has reported 10 cases, Denmark 4, the UK 4 and the Netherlands 1. The outbreak affects mainly the Hamburg area, while most of the cases reported outside Germany concern either German nationals visiting the other affected Member States or persons who had been visiting Germany. Yesterday, the Czech Republic and Austria removed some Spanish-grown cucumbers off store shelves amid contamination fears. Czech officials warned tainted vegetables could also have been exported to Hungary and Luxembourg.

Although I am a risk-nerd I am not a risk-averse person. Yet I must confess to have avoided the cucumber that I came across in my Luxembourg-based fridge today. Having bought it on line I am not sure about its origin…(would country- of-origin labeling have solved my problem? – I ponder).

The EU scientific supervision

The European Food Safety Authority (EFSA) is closely monitoring – in cooperation with the national food safety authorities – the recent outbreak of E.coli in Germany.

Under the EU Rapid Alert System for Food and Feed (RASFF), the German authorities informed the Commission on May 27 that they have identified organic cucumbers from two provinces of Spain (Almeria and Malaga) as one of the sources. In the meantime, investigations are ongoing in Germany to identify other potential sources, while a third suspect batch of cucumbers originating in the Netherlands and traded in Germany is also under investigation. The health ministry in Spain confirmed the following day that cucumbers from two producers in the southern region of Andalusia had been identified as the possible origin of the outbreak of the virulent enterohaemorrhagic E. coli (EHEC) bacteria. Both facilities were closed and are currently under investigation to see whether the outbreak originated there or elsewhere. The water and soil there are being analyzed to see whether they were the problem or the contamination occurred elsewhere, said Frederic Vincent, DG SANCO spokesman. No ironic comments seem to have been made thus far on the organic nature of these cocumbers. Bobos in Paradise one might say.

The European Commission, by relying on RASFF and the Early Warning and Response System (EWRS), notified the 27 Member States about one of the confirmed sources responsible for the STEC (shiga toxin-producing E.Coli) outbreak affecting primarily Germany and, to a smaller degree, four other Member States.

I remind that, in the absence of a EU-wide action, it is up to the individual member states to decide what action to take vis-à-vis the outbreak.

What’s next

In order to prepare an effective and to avoid further internal market disruptions, EFSA is liaising with the European Commission, the European Union Reference Laboratory for VTEC, the European Centre for Disease Prevention and Control (ECDC) as well as with all relevant Member States through its Advisory Forum network and has put internal procedures in place, should an urgent request for advice be required. This does not seem to have introduced as of today. The Panel on Biological Hazards (BIOHAZ) is the scientific panel expected to deliver the opinion.

In the meantime, Germans have been warned not to eat cucumbers until tests identify the source of a deadly E.coli outbreak. Amid contamination fears authorities in the Czech Republic, Austria and France have taken some Spanish-grown cucumbers off shop shelves. Austria has extended the ban to the sale of tomatoes and aubergines imported via Germany.

The blame game

Despite the high-level of cooperation shown thus far among competent authorities, the blame game has just begun.

Diego Lopez Garrido, Spain's Secretary of State for European Affairs, was quick to say that "You can't attribute the origin of this sickness to Spain » as "There is no proof and that's why we are going to demand accountability from those who have blamed Spain for this matter".

As fears that the outbreak may spread further, the young and dynamic Health Minister Daniel Bahr is holding emergency talks with Consumer Affairs Minister Ilse Aigner and regional state representatives to discuss the outbreaks.

Interestingly enough, no case of HUS has been registered in Spain. Yet, the overall number of seriously affected people is expected to rise in the next few days.

Waiting for a EU (risk management) response

Why the EU is not stepping in by adopting an emergency risk management measure as foreseen in the EU General Food Regulation (GFR) ?

In our view, the EU Commission seems to believe that although representing a « serious risk to human health », the risk stemming from the contamination can « be contained satisfactorily by means of measures taken by the Member State(s) concerned ». Moreover, the Commission seems also to be waiting to gather more scientific studies on the origin of the strain before stepping in. Finally, one should also notice that currently there is still no evidence that any potential contaminated food product would have been distributed outside of Germany. In these circumstances, the Commission would not be competent to adopte emergency measures under Article 53(1) of the GFR.

Whether this is a sensible approach to the exercise of its powers will be determined in the next few days as the outcome of this E.coli outbreak will be unfolding.

Comments (5)

Cliff , on Monday the 30º of May, 2011 at 17:22

Belgium prohibited today the import of Spanish cucumbers
Liana Giorgi , on Monday the 30º of May, 2011 at 18:11

There might be lessons to be learned from the e.coli outbreak affecting spinach and lettuce in California in 2006 and 2007. There the source was finally traced to the farms (not the distributors) and had to do with the proximity of ranching and farming activities (in conjunction with climate issues). It would also be interesting to find out whether the fact that the products were labelled 'organic' impacted on scope of controls. In any case, in Austria, the incident is being used to nudge consumers into giving preference to Austrian, home-grown products.
Raymond O' Rourke , on Monday the 30º of May, 2011 at 22:44

Interestingly the General Food Regulation 178/2002 in Article 53(2) offers the Commission the opportunity to introduce 'provisional' measures in an emergency - what is the definition of an 'emergency' certainly with the no. of deaths it would seem in my opinion to be an emergency especially learning from your blog that the E-coli/HUS is affecting adults rather than normally children under 5 - so a huge population is at risk. Art. 53(1) actions can be taken by the Commission on its own initiative or after a request by a Memebr State - it would be interesting to know the true nature of the communications between the German Government & the Commission. Finally, is this a situation that may need the Commission to establish a Crisis Unit as provided for under Article 56 - lets wait and see - but if the measures by the German Government prove inadequate there may be the need for the Commission to introduce measures as envisaged by Artcile 53(1) in conjunction with a Crisis Unit, especially as there will be a need for an expeditious risk assessment of the siutation to be provided by EFSA as was provided in the case of the Pork Dioxin outbreak in Ireland some years ago [NB. this risk assessment was requested by the Irish Gov.]
Raymond O' Rourke , on Monday the 30º of May, 2011 at 22:55

Interestingly Article 53(2) allows the Commission to take provisional measures in an 'emergency'- no def. of an emergency in Reg 178/2002 but with a no. of deaths I think we could call it an emergency ?? it would be interesting to know the nature & content of the communciations between the German Government & the Commission in relation to this outbreak. If the German measures fail to deal adequately with the situation and deaths occur in other Member States we may see the establishment of a Crisis Unit [Art. 56] in conjunction with Commission measures as stipulated in Art. 53(1) especially as there will be a need for EFSA to provide the Commission with on-going risk assessments of the situation. Lets see how this unfolds.
ztfyoth , on Wednesday the 01º of June, 2011 at 16:32

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