(28) Experience has shown that the functioning of the internal market in food or feed can be jeopardised where it is impossible to trace food and feed. (23) The safety and confidence of consumers within the Community, and in third countries, are of paramount importance. In these circumstances or, in the case of Article 15(3), where the batch, lot or consignment does not satisfy the feed safety requirement, that feed shall be destroyed, unless the competent authority is satisfied otherwise. Consumers must have confidence and assurance that the food they buy will do them no harm or have an adverse effect. Food and feed business operators shall be able to identify any person from whom they have been supplied with a food, a feed, a food-producing animal, or any substance intended to be, or expected to be, incorporated into a food or feed.To this end, such operators shall have in place systems and procedures which allow for this information to be made available to the competent authorities on demand.3. (8) The Community has chosen a high level of health protection as appropriate in the development of food law, which it applies in a non-discriminatory manner whether food or feed is traded on the internal market or internationally. When Member States adopt measures governing food, these differences may impede the free movement of food, create unequal conditions of competition, and may thereby directly affect the functioning of the internal market. In determining whether any food is unfit for human consumption, regard shall be had to whether the food is unacceptable for human consumption according to its intended use, for reasons of contamination, whether by extraneous matter or otherwise, or through putrefaction, deterioration or decay.6. The Advisory Forum shall constitute a mechanism for an exchange of information on potential risks and the pooling of knowledge. 5. The two Member States concerned and the Commission shall make every effort to solve the problem. 5. The Authority shall establish monitoring procedures for systematically searching for, collecting, collating and analysing information and data with a view to the identification of emerging risks in the fields within its mission. 1. 2. In other circumstances, food and feed can only be exported or re-exported if the importing country has expressly agreed. This is without prejudice to the similar requirements which have been applied so far and which will be applied in the future in feed legislation applicable to all animals, including pets. 2. Existing food law principles and procedures shall be adapted as soon as possible and by 1 January 2007 at the latest in order to comply with Articles 5 to 10.4. Networking of organisations operating in the fields within the Authority's mission. (63) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(18). The establishment of a European Food Safety Authority, hereinafter referred to as "the Authority", should reinforce the present system of scientific and technical support which is no longer able to respond to increasing demands on it. In respect of its staff, the Authority shall exercise the powers which have been devolved to the appointing authority. (34) Pursuant to the general principles of food law, the Authority should take on the role of an independent scientific point of reference in risk assessment and in so doing should assist in ensuring the smooth functioning of the internal market. (24) It is necessary to ensure that food and feed exported or re-exported from the Community complies with Community law or the requirements set up by the importing country. (51) The establishment of the Authority should enable Member States to become more closely involved in scientific procedures. The Authority shall forward the results of its work in the field of data collection to the European Parliament, the Commission and the Member States.Article 34Identification of emerging risks1. The scope of the existing system includes food and industrial products but not feed. 2. Those declarations shall be made annually in writing.3. 9. (19) It is recognised that scientific risk assessment alone cannot, in some cases, provide all the information on which a risk management decision should be based, and that other factors relevant to the matter under consideration should legitimately be taken into account including societal, economic, traditional, ethical and environmental factors and the feasibility of controls. The Executive Director may invite representatives of the European Parliament and from other relevant bodies to take part.Where the Advisory Forum discusses the matters referred to in Article 22(5)(b), representatives from competent bodies in the Member States which undertake tasks similar to those referred to in Article 22(5)(b) may participate in the work of the Advisory Forum, on the basis of one representative designated by each Member State.Article 28Scientific Committee and Scientific Panels1. This Regulation provides the basis for the assurance of a high level of protection of human health and consumers' interest in relation to food, taking into account in particular the diversity in the supply of food including traditional products, whilst ensuring the effective functioning of the internal market. Directive as last amended by Commission Directive 2001/57/EC. (13) OJ L 340, 9.12.1976, p. 26. Geographical Extent: INDEPENDENCE, TRANSPARENCY, CONFIDENTIALITY AND COMMUNICATION. (23) The safety and confidence of consumers within the Community, and in third countries, are of paramount importance. The legislation.gov.uk version is the version that applies in the UK. A Scientific Committee and Permanent Scientific Panels should therefore be set up within the Authority to provide these opinions. Publications Office of the European Union. Such tasks may include in particular assistance to the Commission for the establishment or evaluation of technical criteria and also assistance to the Commission in the development of technical guidelines.2. 2. (9) It is necessary to ensure that consumers, other stakeholders and trading partners have confidence in the decision-making processes underpinning food law, its scientific basis and the structures and independence of the institutions protecting health and other interests. The evaluation and the recommendations shall be made public.2. (2) A high level of protection of human life and health should be assured in the pursuit of Community policies. On the basis of that draft, the Commission shall enter the relevant estimates in the preliminary draft general budget of the European Union to be put before the Council pursuant to Article 272 of the Treaty. Where it is evident that food or feed originating in the Community or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned, the Commission, acting in accordance with the procedure provided for in Article 58(2) on its own initiative or at the request of a Member State, shall immediately adopt one or more of the following measures, depending on the gravity of the situation: (a) in the case of food or feed of Community origin: (i) suspension of the placing on the market or use of the food in question; (ii) suspension of the placing on the market or use of the feed in question; (iii) laying down special conditions for the food or feed in question; (iv) any other appropriate interim measure; (b) in the case of food or feed imported from a third country: (i) suspension of imports of the food or feed in question from all or part of the third country concerned and, where applicable, from the third country of transit; (ii) laying down special conditions for the food or feed in question from all or part of the third country concerned; (iii) any other appropriate interim measure. 2. The Commission shall immediately transmit this information to the members of the network. (14) For the same reason, it is necessary to consider other practices and agricultural inputs at the level of primary production and their potential effect on the overall safety of food. Unless otherwise provided, the Management Board shall act by a majority of its members. A feed business operator shall immediately inform the competent authorities if it considers or has reason to believe that a feed which it placed on the market may not satisfy the feed safety requirements. Food that complies with specific Community provisions governing food safety shall be deemed to be safe insofar as the aspects covered by the specific Community provisions are concerned.8. These rules shall be made public. "feed" (or "feedingstuff") means any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;5. In general, the public shall have access to information on product identification, the nature of the risk and the measure taken.However, the members of the network shall take steps to ensure that members of their staff are required not to disclose information obtained for the purposes of this Section which by its nature is covered by professional secrecy in duly justified cases, except for information which must be made public, if circumstances so require, in order to protect human health.2. The Commission shall be responsible for managing the network.2. Versions (EU) No 652/2014 05/15/2014 (A) 06/27/2014 (P) Regulation (EG) Nr. It establishes common principles and responsibilities, the means to provide a strong science base, efficient organisational arrangements and procedures to underpin decision-making in matters of food and feed safety.2. (15) Networking of laboratories of excellence, at regional and/or interregional level, with the aim of ensuring continuous monitoring of food safety, could play an important role in the prevention of potential health risks for citizens. A system for the collection and analysis of relevant data in the fields covered by the Authority should therefore be set up, in the form of a network coordinated by the Authority. Four of the members shall have their background in organisations representing consumers and other interests in the food chain.The list drawn up by the Commission, accompanied by the relevant documentation, shall be forwarded to the European Parliament. 3. (28) Experience has shown that the functioning of the internal market in food or feed can be jeopardised where it is impossible to trace food and feed. (32) The scientific and technical basis of Community legislation relating to the safety of food and feed should contribute to the achievement of a high level of health protection within the Community. To this end, such operators shall have in place systems and procedures which allow for this information to be made available to the competent authorities on demand. The reports and recommendations referred to in paragraphs 1 and 2 shall be forwarded to the Council and the European Parliament.Article 62References to the European Food Safety Authority and to the Standing Committee on the Food Chain and Animal Health1. "food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food;3. This revised system should be managed by the Commission and include as members of the network the Member States, the Commission and the Authority. Regulation amended by Commission Regulation (EC) No 649/98 (OJ L 88, 24.3.1998, p. It shall aim at the prevention of:(a) fraudulent or deceptive practices;(b) the adulteration of food; and(c) any other practices which may mislead the consumer.SECTION 2PRINCIPLES OF TRANSPARENCYArticle 9Public consultationThere shall be open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.Article 10Public informationWithout prejudice to the applicable provisions of Community and national law on access to documents, where there are reasonable grounds to suspect that a food or feed may present a risk for human or animal health, then, depending on the nature, seriousness and extent of that risk, public authorities shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or feed, or type of food or feed, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk.SECTION 3GENERAL OBLIGATIONS OF FOOD TRADEArticle 11Food and feed imported into the CommunityFood and feed imported into the Community for placing on the market within the Community shall comply with the relevant requirements of food law or conditions recognised by the Community to be at least equivalent thereto or, where a specific agreement exists between the Community and the exporting country, with requirements contained therein.Article 12Food and feed exported from the Community1. The members of the Board shall be appointed in such a way as to secure the highest standards of competence, a broad range of relevant expertise and, consistent with these, the broadest possible geographic distribution within the Union. Existing food law principles and procedures shall be adapted as soon as possible and by 1 January 2007 at the latest in order to comply with Articles 5 to 10. The Commission shall be assisted by a Standing Committee on the Food Chain and Animal Health, hereinafter referred to as the "Committee", composed of representatives of the Member States and chaired by the representative of the Commission. (38) In order to avoid duplicated scientific assessments and related scientific opinions on genetically modified organisms (GMOs), the Authority should also provide scientific opinions on products other than food and feed relating to GMOs as defined by Directive 2001/18/EC(7) and without prejudice to the procedures established therein. (66) It is necessary and appropriate for the achievement of the basic objectives of this Regulation to provide for the approximation of the concepts, principles and procedures forming a common basis for food law in the Community and to establish a European Food Safety Authority. This should be facilitated by a rotation of the different countries of origin of the members of the Management Board without any post being reserved for nationals of any specific Member State. The more recent the death record, the more information you will find. (26) Some Member States have adopted horizontal legislation on food safety imposing, in particular, a general obligation on economic operators to market only food that is safe. (51) The establishment of the Authority should enable Member States to become more closely involved in scientific procedures. The members of the Scientific Committee and the Scientific Panels shall undertake to act independently of any external influence.For this purpose, they shall make a declaration of commitment and a declaration of interests indicating either the absence of any interests which might be considered prejudicial to their independence or any direct or indirect interests which might be considered prejudicial to their independence. Members of the Management Board, the Executive Director, members of the Scientific Committee and Scientific Panels as well as external experts participating in their working groups, members of the Advisory Forum and members of the staff of the Authority, even after their duties have ceased, shall be subject to the requirements of confidentiality pursuant to Article 287 of the Treaty.3. 2. For further information see our guide to revised legislation on Understanding Legislation. The Authority shall communicate on its own initiative in the fields within its mission without prejudice to the Commission's competence to communicate its risk management decisions.2. A food business operator responsible for retail or distribution activities which do not affect the packaging, labelling, safety or integrity of the food shall, within the limits of its respective activities, initiate procedures to withdraw from the market products not in compliance with the food-safety requirements and shall participate in contributing to the safety of the food by passing on relevant information necessary to trace a food, cooperating in the action taken by producers, processors, manufacturers and/or the competent authorities. It is therefore necessary to assign to the Authority an anticipatory task of collecting information and exercising vigilance and providing evaluation of and information on emerging risks with a view to their prevention. For this reason, it is vital to ensure its independence, high scientific quality, transparency and efficiency. Member States shall enforce food law, and monitor and verify that the relevant requirements of food law are fulfilled by food and feed business operators at all stages of production, processing and distribution. (25) OJ L 210, 7.8.1985, p. 29. The Authority shall forward the evaluation and information collected on emerging risks to the European Parliament, the Commission and the Member States. Directive as last amended by Directive 93/39/EEC (OJ L 214, 24.8.1993, p. Those declarations shall be made annually in writing.2. Information, available to the members of the network, relating to a risk to human health posed by food and feed shall in general be available to the public in accordance with the information principle provided for in Article 10. The aim of such networking is, in particular, to facilitate a scientific cooperation framework by the coordination of activities, the exchange of information, the development and implementation of joint projects, the exchange of expertise and best practices in the fields within the Authority's mission. Where the product may have reached the consumer, the operator shall effectively and accurately inform the consumers of the reason for its withdrawal, and if necessary, recall from consumers products already supplied to them when other measures are not sufficient to achieve a high level of health protection. 2. 25). (29) It is necessary to ensure that a food or feed business including an importer can identify at least the business from which the food, feed, animal or substance that may be incorporated into a food or feed has been supplied, to ensure that on investigation, traceability can be assured at all stages. 2. Measures adopted on the basis of paragraph 1 shall be proportionate and no more restrictive of trade than is required to achieve the high level of health protection chosen in the Community, regard being had to technical and economic feasibility and other factors regarded as legitimate in the matter under consideration. Skip to content. Directive amended by Directive 2001/82/EC of the European Parliament and of the Council (OJ L 311, 28.11.2001, p. 1). In particular, it may acquire and dispose of movable and immovable property and institute legal proceedings. The staff of the Authority shall be subject to the rules and regulations applicable to officials and other staff of the European Communities.2. Where a substantive divergence over scientific issues has been identified and the body in question is a Community agency or one of the Commission's Scientific Committees, the Authority and the body concerned shall be obliged to cooperate with a view to either resolving the divergence or presenting a joint document to the Commission clarifying the contentious scientific issues and identifying the relevant uncertainties in the data. The Authority may entrust to these organisations certain tasks, in particular preparatory work for scientific opinions, scientific and technical assistance, collection of data and identification of emerging risks. The Court of Justice of the European Communities shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Authority. Representatives may be replaced by alternates, appointed at the same time. Responsibilities for feed: feed business operators. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. The Authority may be requested by the Commission to provide scientific or technical assistance in any field within its mission. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage.3. The Executive Director shall approve all financial expenditure of the Authority and report on the Authority's activities to the Management Board.Article 27Advisory Forum1. This Regulation lays down rules concerning the placing on the market, making available on the market or putting into service of medical devices for human use and … (21) In those specific circumstances where a risk to life or health exists but scientific uncertainty persists, the precautionary principle provides a mechanism for determining risk management measures or other actions in order to ensure the high level of health protection chosen in the Community. The Authority shall forward to the Member States and the Commission appropriate recommendations which might improve the technical comparability of the data it receives and analyses, in order to facilitate consolidation at Community level.5. 178/2002 of the Ordinance No. The Authority's mission should also cover scientific advice and scientific and technical support on human nutrition in relation to Community legislation and assistance to the Commission at its request on communication linked to Community health programmes. Regulation (EC) No 178/2002 Book – “RASFF history and future challenges” in “Lecciones de Derecho Alimentario 2016” Posted on 3 March 2016 by Cesare Varallo. Food and feed exported or re-exported from the Community for placing on the market of a third country shall comply with the relevant requirements of food law, unless otherwise requested by the authorities of the importing country or established by the laws, regulations, standards, codes of practice and other legal and administrative procedures as may be in force in the importing country.In other circumstances, except in the case where foods are injurious to health or feeds are unsafe, food and feed can only be exported or re-exported if the competent authorities of the country of destination have expressly agreed, after having been fully informed of the reasons for which and the circumstances in which the food or feed concerned could not be placed on the market in the Community.2. The Commission shall transmit this information immediately to the members of the network.The Authority may supplement the notification with any scientific or technical information, which will facilitate rapid, appropriate risk management action by the Member States.3. The Management Board, having received the Commission's approval and the opinion of the Court of Auditors, shall adopt the Authority's financial regulation which specifies in particular the procedure for drawing up and implementing the Authority's budget, in accordance with Article 142 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(26) and with the legislative requirements concerning investigations conducted by the European Anti-Fraud Office.10. (56) In addition to its operating principles based on independence and transparency, the Authority should be an organisation open to contacts with consumers and other interested groups. See how this legislation has or could change over time. 3. The Commission shall draw up, in close cooperation with the Authority and the Member States, a general plan for crisis management in the field of the safety of food and feed (hereinafter referred to as "the general plan"). It lays down procedures for matters with a direct or indirect impact on food and feed safety. Minority opinions shall be recorded. The evaluation will assess the working practices and the impact of the Authority. Food shall be deemed to be unsafe if it is considered to be: 3. Food and feed imported into the Community. The members of the Scientific Committee who are not members of Scientific Panels and the members of the Scientific Panels shall be appointed by the Management Board, acting upon a proposal from the Executive Director, for a three-year term of office, which shall be renewable, following publication in the Official Journal of the European Communities, in relevant leading scientific publications and on the Authority's website of a call for expressions of interest.6. The two Member States concerned and the Commission shall make every effort to solve the problem. Its operational procedures shall be specified in the Authority's internal rules and shall be made public.6. 4. 8. The Authority shall be open to the participation of countries which have concluded agreements with the European Community by virtue of which they have adopted and apply Community legislation in the field covered by this Regulation. Directive as last amended by Commission Directive 2000/41/EC (OJ L 145, 20.6.2000, p. 25). (18) In order for there to be confidence in the scientific basis for food law, risk assessments should be undertaken in an independent, objective and transparent manner, on the basis of the available scientific information and data. 178/2002 AL PARLAMENTULUI EUROPEAN ȘI AL CONSILIULUI din 28 ianuarie 2002 de stabilire a principiilor și a cerințelor generale ale legislației alimentare, de instituire a Autorității Europene pentru Siguranța Alimentară și de stabilire a procedurilor în domeniul siguranței produselor alimentare. The Management Board shall elect one of its members as its Chair for a two-year period, which shall be renewable. The Authority shall ensure that the public and any interested parties are rapidly given objective, reliable and easily accessible information, in particular with regard to the results of its work. The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. There should therefore be close cooperation between the Authority and the Member States for this purpose. 36). These rules shall specify in particular: (a) the procedure to be applied by the Authority to the requests referred to it; (b) the guidelines governing the scientific evaluation of substances, products or processes which are subject under Community legislation to a system of prior authorisation or entry on a positive list, in particular where Community legislation makes provision for, or authorises, a dossier to be presented for this purpose by the applicant. 1. (18) In order for there to be confidence in the scientific basis for food law, risk assessments should be undertaken in an independent, objective and transparent manner, on the basis of the available scientific information and data. Members' term of office shall be four years, and may be renewed once. The Committee shall carry out the functions assigned to it by this Regulation and by other relevant Community provisions, in the cases and conditions provided for in those provisions. 8. (54) The independence of the Authority and its role in informing the public mean that it should be able to communicate autonomously in the fields falling within its competence, its purpose being to provide objective, reliable and easily understandable information. Directive as last amended by Directive 1999/34/EC of the European Parliament and of the Council (OJ L 141, 4.6.1999, p. 2. The Authority's mission should also cover scientific advice and scientific and technical support on human nutrition in relation to Community legislation and assistance to the Commission at its request on communication linked to Community health programmes. Before appointment the candidate nominated by the Management Board shall be invited without delay to make a statement before the European Parliament and answer questions put by members of this institution. The Scientific Committee shall be composed of the Chairs of the Scientific Panels and six independent scientific experts who do not belong to any of the Scientific Panels.4. Where a food or feed which has been the subject of a notification under the rapid alert system has been dispatched to a third country, the Commission shall provide the latter with the appropriate information.
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