General food law of the eu amman 29 november 2010 wolf maier dg health and consumers eu commission
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General Food Law of the EU – Amman, 29 November 2010 Wolf Maier, DG Health and Consumers, EU Commission. The EU Market. The EU is a Success Story Single Market with 500 Million citizens, Economic stability, 70% of trade intra-EU, Harmonisation of rules and standards; The EU is a nightmare

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General Food Law of the EU – Amman, 29 November 2010

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General Food Law of the EU –

Amman, 29 November 2010

Wolf Maier, DG Health and Consumers, EU Commission


The EU Market

The EU is a Success Story

Single Market with 500 Million citizens,

Economic stability, 70% of trade intra-EU,

Harmonisation of rules and standards;

The EU is a nightmare

27 countries, 21 Languages,

Diverse traditions expectations and economies,

100.000s food businesses,

By far the biggest importer and exporter of food worldwide;

Risks must be managed.


How does it work? The main elements

  • Commitment to high level of protection;

  • Objective-oriented, non-prescriptive law(we will discuss specific elements);

  • Clear allocation of responsibility;

  • Continuous scrutiny, inspection and controls;

  • Transparency, peer pressure;

  • Independent scientific advice;

  • Dispute settlement mechanisms

  • Training(we speak about this separately).


Essentially ...

… we have two key commitments:

  • High level of protection

  • Transparency

    … and we have two key pieces of legislation:

  • General Food Law Regulation 178/2002

  • Principles of Official Controls Reg. 882/2004


General Food Law (Reg 178/2002)

Article 1 – Broad scopeApplies to all stages of production, processing and distribution of food and feed (except primary production).

Article 5 – High level of protectionFood law shall pursue a high level of protection of human life and health and the protection of consumers' interests.

Articles 9/10 – Transparency

Public consultation, public information.

Article 14 / 15 – Objectives, not measures

Unsafe food and feed must not be placed on the market.

Article 17 – Responsibility and liability Operators are responsible for safety and are liable for the products under their control. Penalties must be dissuasive.


General Food Law (Reg 178/2002)

Article 18 – Traceability

All food, feed and animals: One step up, one step down.

Article 20 – Recall

Operators must recall if they have ‘reason to believe’ that products are unsafe. Recalls must be reported to authorities.

Article 11 - Imports

Food and feed imported into the Community complies with food law or conditions recognised as equivalent.

Article 12 - Exports

Food and feed exported shall comply with the food law.


Principles of food and Feed Controls

Regulation 882/2004

Coherent rules for all authorities:

Adequate staff, resource, training.

Accredited labs, international standards.

Risk-based controls in all sectors

based on multi-annual control plans.

annual reports.

peer review through COM and MS.

delegation of official inspection is possible.


The Food and Veterinary Office (Art 45 Reg. 882)

  • Around 300 staff, 150 inspectors;

  • 200 audits per year, 160 in Member States;

  • Audit of national inspection services;

  • Audit of third country inspection systems – verification of certification process. NO direct relationship with individual businesses;

  • All reports published, MS and non-MS alike;

  • Follow-up through Standing Committe.


The Rapid Alert System (Art. 50 Reg.178/2002)

  • Real-time information system managed by DG SANCO;

  • Member State Authorities and Border Posts on-line;

  • Market surveillance and import controls;

  • Alert Notifications trigger immediate action, such as recall verification;

  • Planning tool for risk-based inspections;

  • Weekly Reports published – private sector reacts.


The Standing Committee for the Food Chain

Chaired by the Commission (Art 58 Reg 178)

  • Risk management body with all MSs represented;

  • Several Sections - animal health, public health, plants, animal welfare;

  • Flexible schedule, rapid procedures;

  • Harmonisation of implementing rules, integrity of the single market;

  • Safeguard measures, dispute settlement;

  • Decision making by qualified majority.


European Food Safety Authority

  • Provides scientific advice (Art. 22 Reg. 178/2002)

    • Independent agency, not part of the Commission

    • Eight Scientific Panels for risk assessment

    • Obligatory consultation for authorisations of GMOs, pesticides, additives etc.

    • Identification of emerging risks

    • Transparency, Public Participation


Summary: The EU food law in principle

  • Public scrutiny is driving constant innovation

  • All businesses

    • Liability. Risk-based self-controls

    • Traceability, Reporting of incidents.

  • All Member States:

    • Risk-based inspection and controls.

    • Control plans and annual reports.

  • Commission

    • Audit and verification,

    • Harmonisation and dispute settlement.


The EU market is NOT built on trust

Trust is a result of

Harmonised legislation;

Permanent controls and audits;

Transparency and peer pressure;

Robust dispute settlement mechanisms;

Efficient crisis management.

13


Documentation on the web

General Information:http://ec.europa.eu/food/index_en.htm

Food and Veterinary Office:http://ec.europa.eu/food/fvo/index_en.html

European Food Safety Authorityhttp://efsa.europa.eu

And please feel free to contact:[email protected]


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