regulation 178 2002 ec
The number and names of the Scientific Panels may be adapted in the light of technical and scientific development by the Commission, at the Authority's request, in accordance with the procedure referred to in Article 58(2). Directive as last amended by Commission Directive 2000/41/EC (OJ L 145, 20.6.2000, p. 25). Within one year following the date of entry into force of this Regulation, the Commission shall publish an inventory of data collection systems existing at Community level in the fields within the mission of the Authority.The report, which shall be accompanied, where appropriate, by proposals, shall indicate in particular:(a) for each system, the role which should be assigned to the Authority, and any modifications or improvements which might be required to enable the Authority to carry out its mission, in cooperation with the Member States;(b) the shortcomings which should be remedied to enable the Authority to collect and summarise at Community level relevant scientific and technical data in the fields within its mission.6. 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. Within one year following the entry into force of this Regulation, the Commission shall publish an inventory of Community systems existing in the fields within the mission of the Authority which make provision for Member States to carry out certain tasks in the field of scientific evaluation, in particular the examination of authorisation dossiers. The Member State may maintain its national interim protective measures until the Community measures have been adopted.SECTION 3CRISIS MANAGEMENTArticle 55General plan for crisis management1. 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. 2. .-&&£v2é$ÜÌÄ&PðÅS!xêÎ@¥càPri7p8äÒ-:G¨í|rJ PàðtÄÈè031-² ; kÝI¢EXã,w`+$²dáQñØØÔÆ§à±¨Õ¡[ÂDÀ`¢Ò1p 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. Protection of professional secrecy shall not prevent the dissemination to the competent authorities of information relevant to the effectiveness of market surveillance and enforcement activities in the field of food and feed. Therefore, revised procedures should take into account the Authority's responsibilities and should provide for its scientific and technical assistance in the form of advice in the event of a food crisis. 5. This document shall be made public. Such disparities are liable to create barriers to trade and distort competition between food business operators in different Member States. 0000053973 00000 n It shall inform the competent authorities of the action taken to prevent risk arising from the use of that feed and shall not prevent or discourage any person from cooperating, in accordance with national law and legal practice, with the competent authorities, where this may prevent, reduce or eliminate a risk arising from a feed.4. Where different requests are made on the same issues or where the request is not in accordance with paragraph 2, or is unclear, the Authority may either refuse, or propose amendments to a request for an opinion in consultation with the institution or Member State(s) that made the request. As soon as possible and within three months of such communication, the European Parliament may make its views available for consideration by the Council, which will then appoint the Management Board. 7. (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. Justifications for the refusal shall be given to the institution or Member State(s) that made the request.6. The European Parliament or a Member State may request the Authority to issue a scientific opinion on matters falling within its mission. (6) OJ L 330, 5.12.1998, p. (57) The Authority should be financed by the general budget of the European Union. The system should not cover the Community arrangements for the early exchange of information in the event of a radiological emergency as defined in Council Decision 87/600/Euratom(9). A rapid alert system for the notification of a direct or indirect risk to human health deriving from food or feed is hereby established as a network. 0000096697 00000 n For the purposes of paragraph 1, the Authority shall work in close cooperation with all organisations operating in the field of data collection, including those from applicant countries, third countries or international bodies. Feed that complies with specific Community provisions governing feed safety shall be deemed to be safe insofar as the aspects covered by the specific Community provisions are concerned. "food business operator" means the natural or legal persons responsible for ensuring that the requirements of food law are met within the food business under their control; 4. 10. The Authority shall promote the European networking of organisations operating in the fields within the Authority's mission. It shall publish each year a report on the Authority's activities. Where Community legislation does not already specify a time limit for the delivery of a scientific opinion, the Authority shall issue scientific opinions within the time limit specified in the requests for opinions, except in duly justified circumstances. 0000119604 00000 n 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. (49) The lack of an effective system of collection and analysis at Community level of data on the food supply chain is recognised as a major shortcoming. The Commission shall be responsible for managing the network.2. This Regulation shall be without prejudice to the competence conferred on the European Agency for the Evaluation of Medicinal Products by Regulation (EEC) No 2309/93, Regulation (EEC) No 2377/90, Council Directive 75/319/EEC(27) and Council Directive 81/851/EEC(28). 2. Those declarations shall be made annually in writing. Food or feed which is placed on the market or is likely to be placed on the market in the Community shall be adequately labelled or identified to facilitate its traceability, through relevant documentation or information in accordance with the relevant requirements of more specific provisions.5. These measures shall specify, in particular, the specific conditions and procedures applicable to the transmission of notifications and supplementary information.Article 52Confidentiality rules for the rapid alert system1. 0000118235 00000 n In determining whether any food is unsafe, regard shall be had:(a) to the normal conditions of use of the food by the consumer and at each stage of production, processing and distribution, and(b) to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods.4. (52) It is necessary to ensure that a balance is struck between the need to use national organisations to carry out tasks for the Authority and the need to ensure for the purposes of overall consistency that such tasks are carried out in line with the criteria established for such tasks. Chapter I Scope and definitions . 7). The Community should have access to high-quality, independent and efficient scientific and technical support. 0000118041 00000 n 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. Regulation (EC) No. Directive as last amended by Commission Directive 2000/57/EC (OJ L 244, 29.9.2000, p. 9. It shall analyse the content of such messages with a view to providing the Commission and the Member States with any information required for the purposes of risk analysis. Therefore, revised procedures should take into account the Authority's responsibilities and should provide for its scientific and technical assistance in the form of advice in the event of a food crisis. It shall in particular make public without delay: (a) agendas and minutes of the Scientific Committee and the Scientific Panels; (b) the opinions of the Scientific Committee and the Scientific Panels immediately after adoption, minority opinions always being included; (c) without prejudice to Articles 39 and 41, the information on which its opinions are based; (d) the annual declarations of interest made by members of the Management Board, the Executive Director, members of the Advisory Forum and members of the Scientific Committee and Scientific Panels, as well as the declarations of interest made in relation to items on the agendas of meetings; (e) the results of its scientific studies; (g) requests from the European Parliament, the Commission or a Member State for scientific opinions which have been refused or modified and the justifications for the refusal or modification. By way of derogation from Article 38, the Authority shall not divulge to third parties confidential information that it receives for which confidential treatment has been requested and justified, except for information which must be made public if circumstances so require, in order to protect public health.2. Food shall not be placed on the market if it is unsafe.2. The Management Board shall ensure that the Authority carries out its mission and performs the tasks assigned to it under the conditions laid down in this Regulation.8. 1. "feed business operator" means the natural or legal persons responsible for ensuring that the requirements of food law are met within the feed business under their control; 7. Such a comprehensive approach to emergency food safety measures should allow effective action to be taken and avoid artificial disparities in the treatment of a serious risk in relation to food or feed. The Member State may maintain its national interim protective measures until the Community measures have been adopted. 0000095941 00000 n 2. (22) Food safety and the protection of consumer's interests is of increasing concern to the general public, non-governmental organisations, professional associations, international trading partners and trade organisations. It is therefore necessary to establish a comprehensive system of traceability within food and feed businesses so that targeted and accurate withdrawals can be undertaken or information given to consumers or control officials, thereby avoiding the potential for unnecessary wider disruption in the event of food safety problems. A food business operator shall immediately inform the competent authorities if it considers or has reason to believe that a food which it has placed on the market may be injurious to human health. It shall not apply to primary production for private domestic use or to the domestic preparation, handling or storage of food for private domestic consumption.Article 2Definition of "food"For the purposes of this Regulation, "food" (or "foodstuff") means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans. Similar issues relating to feed safety should be addressed. If a food business operator considers or has reason to believe that a food which it has imported, produced, processed, manufactured or distributed is not in compliance with the food safety requirements, it shall immediately initiate procedures to withdraw the food in question from the market where the food has left the immediate control of that initial food business operator and inform the competent authorities thereof. 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. The Authority shall contribute to a high level of protection of human life and health, and in this respect take account of animal health and welfare, plant health and the environment, in the context of the operation of the internal market.4. Where the provisions of a bilateral agreement concluded between the Community or one of its Member States and a third country are applicable, food and feed exported from the Community or that Member State to that third country shall comply with the said provisions. It should be done in an open and transparent fashion and the Authority should take into account existing Community expertise and structures. The terms of that request and the time limit within which the Authority is requested to give its opinion shall be established by mutual agreement between the Commission and the Authority, after consulting the two Member States concerned.SECTION 2FINAL PROVISIONSArticle 61Review clause1. In such cases, it shall draw on the expertise of those working groups when establishing scientific opinions.3. 1. (62) In order to ensure a more effective, comprehensive approach to the food chain, a Committee on the Food Chain and Animal Health should be established to replace the Standing Veterinary Committee, the Standing Committee for Foodstuffs and the Standing Committee for Feedingstuffs. 2. 2. 3. 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.5. Commencement of the Authority's operation. 5. The Management Board shall adopt its rules of procedure.Unless otherwise provided, the Management Board shall act by a majority of its members.6. The reports and recommendations referred to in paragraphs 1 and 2 shall be forwarded to the Council and the European Parliament. The representatives of the Commission's departments shall be entitled to be present in the meetings of the Scientific Committee, the Scientific Panels and their working groups. The Authority shall develop effective contacts with consumer representatives, producer representatives, processors and any other interested parties. (5) Accordingly, it is necessary to approximate these concepts, principles and procedures so as to form a common basis for measures governing food and feed taken in the Member States and at Community level. (17) OJ L 230, 19.8.1991, p. 1. The conclusions of the scientific opinions delivered by the Authority relating to foreseeable health effects shall on no account be kept confidential.4. (12) In order to ensure the safety of food, it is necessary to consider all aspects of the food production chain as a continuum from and including primary production and the production of animal feed up to and including sale or supply of food to the consumer because each element may have a potential impact on food safety. The Protocol on the privileges and immunities of the European Communities shall apply to the Authority. Control of commitment and payment of all expenditure and control of the existence and recovery of all the Authority's revenue shall be carried out by the Commission's financial controller. (48) The Authority should also be able to commission scientific studies necessary for the accomplishment of its duties, while ensuring that the links established by it with the Commission and the Member States prevent duplication of effort. Regulation as last amended by Commission Regulation (EC) No 1553/2001 (OJ L 205, 31.7.2001, p. 16). The Authority may supplement the notification with any scientific or technical information, which will facilitate rapid, appropriate risk management action by the Member States. Acting in accordance with the procedure laid down in Article 251 of the Treaty(4).