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Conference Quality. Measures for the Improvement of Quality: Food Quality Schemes and Support for Those Participating in Them Implementation of the control related to cross compliance in Germany, particularly with regard to the implementation of Regulation (EC) No 178/2002 Birgit Hogeback Federal Office of Consumer Protection and Food Safety (BVL) birgit.hogeback@bvl.bund.de

Structure of the presentation I. The food control in Germany Challenges and chances of a Federal EU Member State II. The Federal Office of Consumer Protection and Food Safety (BVL) Structures and tasks and priority themes of the BVL III. Cross Compliance and Control in the field of food and feed safety Background IV. Aims of Cross Compliance Regulation (EC) No 1782/2003 Article 3-9, Annex III statutory requirements V. Cross Compliance Control system In general and requirements based on Regulation (EC) 178/2002 VI. Implementation of controls related to Regulation (EC) 178/2002 Two control strategies in Germany, Conclusion

POLAND The Federal Republic of Germany 16 Federal States (called „Länder“) with • their own governments and parliaments • their own state constitutions • very different sizes (404 km2 – 70,000 km2) • very different numbers of inhabitants (660,000 – 18 million) • very different financial possibilities

European legislation German legislation Federal States ("Länder") Food control - Legislation • Regulation (EC) No 178/2002 • Regulation (EC) No 882/2004 • (Directive 89/397/EEC) • Regulations (EC) No 852-854/2004 • Law on Food and Feed and Commoditiesas framework law • Complementary acts for foodstuffs of animal origin and product specific acts • Competent for enforcement of food control and food control legislation • Control systems are organised by each Federal State under its own responsibility

Reorganisation of the health-related consumer protection within the EU • Trigger • A series of food scares within the EU in the 1990s (e.g. BSE, dioxins …) that undermined the consumer confidence in the safety of the food chain. • Aims • To provide a high level of consumer protection in the area of the food safety in all Member States, • to ensure a faster response of the competent authorities towards food scares and • to restore and maintain consumer confidence in the safety of the food chain. • Key measure • Separation of risk management from risk assessment.

Basic facts about the BVL • Founded May 2002 as „Federal Agency of Consumer Protection and Food Safety“ in Bonn • Approx. 430 employees • Chemists, food chemists, biochemists, • Biologists, microbiologists, • Plant physiologists, horticultural scientists, • Nutritionists, • Pharmacists, • Vets, • Doctors, • Agricultural experts, • Lawyers, • Information technology experts, • Administrators, • Secretaries and many others.

Tasks of BVL • Risk Management, Food Safety: • Preparation of general administrative regulations concerning food savety • Coordination and services for surveillance on the federal level • National place of contact for the European Rapid Alert System for Food and Feed • Place of contact for the Food and Veterinary Office (FVO) • Reference laboratory for residues of veterinary drugs and contaminants in food of animal origin • Authorisation: • Authorisation of plant protection products • Authorisation of veterinary drugs • Authorisation of GMO (field release)

For the Federal Government • permanent dialogue with the Federal State authorities • with officials of the ministries and • with experts of all fields concerned • faster reaction to new questions or crises • basis for a differentiated reporting to EC programs For the Federal States • logistical and organisational support • saves resources and money Advantages of the concentration of these tasks at the BVL

President General management Public relations office Administration Presidents office Division 2 Plant protection products Division 1 Food, feed and commodities Division 4 Genetically Modified Organisms Division 3 Veterinary medicines Structure of the BVL Information technology

Division 1 Food, feed and commodities Department 103 Department 103 Office for expert commissions, co-ordinated control plans, coordination of cross – compliance activities in the BVL (food and feed control, plant protection, residues)

Agencies of the BVL Berlin Braunschweig Services for food and feed control; authorisation of veterinary drugs (since November 2002) Authorisation of GMO (since April 2004) Authorisation of plant protection products (since November 2002) Bonn Food safety (since May 2002)

Priority themes of the BVL Priority themes • Risk reduction, improving crisis management • Knowledge management • Rapid alert systems • Coordination of control activities and analyses

Conclusion The aims of the coordination activities in Germany are to effectively enforce EU food and feed legislation in order • to ensure the same high level of protection for all consumers in all Federal States, • to ensure the same level of control of food and feed establishments in all Federal States and • to be a responsible and accountable partner for all EU Member States.

Structure of the presentation I.The food control in Germany Challenges and chances of a Federal EU Member State II. The Federal Office of Consumer Protection and Food Safety (BVL) Structures and tasks and priority themes of the BVL III. Cross Compliance and Control in the field of food and feed safety Background IV. Aims of Cross Compliance Regulation (EC) No 1782/2003 Article 3-9, Annex III statutory requirements V. Cross Compliance Control system In general and requirements based on Regulation (EC) 178/2002 VI. Implementation of controls related to Regulation (EC) 178/2002 Two control strategies in Germany, Conclusion

Reform of the common agriculture policy (CAP) Decoupling = removal of the link between production and the aid a farmer receives Cross Compliance = The full granting of direct payments will be linked to compliance with binding standards (cross-compliance) Compulsory modulation = Member States will be obliged to cut direct payments beginning in 2005 to have money for development of rural areas Background

Council regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers Cross Compliance - Reg (EC) No 1782/2003 Main Cross Compliance rules in Article 3 - 9 Annex III

Article 3 A farmer receiving direct payments shall respect the statuory management requirements referred to in Annex III according to the timetable fixed in that annex, and the good agriculture Regulation (EC) No 1782/2003

Article 6 When the statutory management requirements […] are not complied with, as a result of an action or omission directly attributable to the individual farmer, the total amount of direct payment [...], shall be reduced or cancelled (in accordance with the detailed rules laid down under Article 7). Regulation (EC) No 1782/2003

Article 7 Severity, extent, permanence and repetition shall be taken into account: Reduction rates: In case of negligence: max 5% In case of repeated not compliance: max 15% In case of intentional non compliance: min 20% up to 100% up to total exclusion from one or several aid schemes Detailed rules for the reduction are laid down in Regulation (EC) No 796/2004 Regulation (EC) No 1782/2003

These cross compliance obligations concern 19 already existing EC Regulations or Directives in the fields of environmental protection, animal health and animal welfare, identification and registration of animals, food and feed safety, plant health Annex III: statutory requirements

Cross compliance rules will be phased in: Environment compliances – Jan 2005 Identification and registration of animals – Jan 2005 Public, Animal and plant health, feed and food safety – Jan 2006 Animal Welfare - Jan 2007 Annex III: statutory requirements

Structure of the presentation I. The food control in Germany Challenges and chances of a Federal EU Member State II. The Federal Office of Consumer Protection and Food Safety (BVL) Structures and tasks and priority themes of the BVL III. Cross Compliance and Control in the field of food and feed safety Background IV. Aims of Cross Compliance Regulation (EC) No 1782/2003 Article 3-9, Annex III statutory requirements V.Cross Compliance Control system In general and requirements based on Regulation (EC) 178/2002 VI. Implementation of controls related to Regulation (EC) 178/2002 Two control strategies in Germany, Conclusion

Art. 44 Commission Regulation (EC) No. 796/2004 Annual Control checks on at least 1% farms for which the competent control body is responsible. In Germany => at least 4000 farms, but due to different responsibilities and depending on lack of possibilities to form integrated risk analysis up to 20 000 farms or more! Cross Compliance Control system in general

Art. 44 second subparagraphs Commission Regulation (EC) No. 796/2004 Where the legislation applicable to the act or standard already fix minimum control rates, that rates shall insofar be applied instead of 1% rule Example: council directive 96/23/EC (national residue control plan of veterinary medicine in food) relates to 96/22/EC More examples? Cross Compliance Control system in general

Control of requirements laid down in Regulation (EC) No 178/2002? Articles 14, 15, 17(1), 18, 19 and 20 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1)

1. Ensure that the food and feed safety requirements, specified in Articles 14 and 15 of Regulation 178/2002, are met. Ensure that all stages of production, processing and distribution within the businesses under their control, satisfy the food and feed safety requirements of foodlaw which are relevant to those activities, and verify that such requirements are met (Article 17). Maintain traceability systems (Article 18). Withdraw and/or recall food or feed from the market if this is not in compliance with food or feed safety requirements, and notify competent authorities (Articles 19/20). What will be the Cross Compliance requirement to be met by the farmer based on Regulation (EC) No 178/2002?

Two control strategies were discussed in Germany: Control of products, which are placed on the market by the farmer, if they are safe Control of measures which are on personal (farmers) responsibility to ensure food safety on primary production Implementation of controls related to Regulation (EC) No 178/2002

Advantages: time efficiency = controls on the level of undertakings are possible, i.e. mills, slaughterhouses, storehouses cost efficiency = to apply already existing control plans (National feed and plant food control plans, national residue control plan of veterinary medicine in food) Disadvantage Traceablity = products must be traceable to farm level Control of products, which are placed on the market by the farmer .

Advantages: Clear requirements = standards for which farmers are responsible to ensure food safety are specified in the general hygiene provisions laid down in Annex I of Regulation (EC) No 852/2004 (part of hygiene package) Safety = If farmer complies with the hygiene provisions i.e. with the following one: „Food business operators are to take adequate measures, as appropriate to keep clean“ he can mostly be sure that he produces safe foods or feeds Disadvantages Time intensive = on-the-spot check on level of primary production is necessarry Control of measures to ensure food safety on primary production, that are on personal (farmers) responsibility

Position of the European Commission and other Member States? Management committee for direct payments 29 June 2005 Point 7 of the agenda

Systematic controls of hygiene package for primary production (refers to Art. 14, 15 and 17(1)) Regulations (EC) 852/2004, Annex I: General hygiene provisions for primary production Regulation (EC) 853/2004, Milk, eggs Regulation (EC) 183/2005, Feed Systematic controls of traceablity system (Art. 18) Non systematic controls of withdrawal obligation of non safe food or feed (Art. 19 und 20) Start of control: January 2006 Implementation of controls related to Regulation (EC) No 178/2002 - Conclusion

Thanks for your attention ! Dėkui!

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