SANCO-D-4 International Questions (bilateral) General Food Law of the EU – Amman, 29 November 2010 Wolf Maier, DG Health and Consumers, EU Commission

SANCO-D-4 International Questions (bilateral) 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, s food businesses, By far the biggest importer and exporter of food worldwide; Risks must be managed.

SANCO-D-4 International Questions (bilateral) 3 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).

SANCO-D-4 International Questions (bilateral) 4 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

SANCO-D-4 International Questions (bilateral) General Food Law (Reg 178/2002) Article 1 – Broad scope Applies to all stages of production, processing and distribution of food and feed (except primary production). Article 5 – High level of protection Food 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.

SANCO-D-4 International Questions (bilateral) 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.

SANCO-D-4 International Questions (bilateral) 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.

SANCO-D-4 International Questions (bilateral) 8 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.

SANCO-D-4 International Questions (bilateral) 9 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.

SANCO-D-4 International Questions (bilateral) 10 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.

SANCO-D-4 International Questions (bilateral) 11 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

SANCO-D-4 International Questions (bilateral) 12 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.

SANCO-D-4 International Questions (bilateral) 13 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.

SANCO-D-4 International Questions (bilateral) Documentation on the web General Information: Food and Veterinary Office: European Food Safety Authority And please feel free to contact: