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

General Food Law of the EU –

Amman, 29 November 2010

Wolf Maier, DG Health and Consumers, EU Commission


The eu market

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

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

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

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 20021

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

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

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

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

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

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

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

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.

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Documentation on the web

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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