The Member States, the Commission and the Authority shall each designate a contact point, which shall be a member of the network. (36) The Authority should provide a comprehensive independent scientific view of the safety and other aspects of the whole food and feed supply chains, which implies wide-ranging responsibilities for the Authority. Representatives may be replaced by alternates, appointed at the same time.2. 1. 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. 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. 0000120978 00000 n
(37) Since some products authorised under food law such as pesticides or additives in animal feed may involve risks to the environment or to the safety of workers, some environmental and worker protection aspects should also be assessed by the Authority in accordance with the relevant legislation. /Filter /FlateDecode
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Participation in the rapid alert system may be opened up to applicant countries, third countries or international organisations, on the basis of agreements between the Community and those countries or international organisations, in accordance with the procedures defined in those agreements. Where a feed which has been identified as not satisfying the feed safety requirement is part of a batch, lot or consignment of feed of the same class or description, it shall be presumed that all of the feed in that batch, lot or consignment is so affected, unless following a detailed assessment there is no evidence that the rest of the batch, lot or consignment fails to satisfy the feed safety requirement. (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. 20). (20) OJ L 224, 18.8.1990, p. 1. Before 1 January 2005, the Commission shall publish a report on the experience acquired from implementing Sections 1 and 2 of Chapter IV.3. 4. Article 50 identifies the members of the system and sets out ⦠The staff of the Authority shall be subject to the rules and regulations applicable to officials and other staff of the European Communities.2. (http://www.color.org) /S /GTS_PDFA1 /Type /OutputIntent >> ]
(27) It is therefore necessary to establish general requirements for only safe food and feed to be placed on the market, to ensure that the internal market in such products functions effectively. "risk" means a function of the probability of an adverse health effect and the severity of that effect, consequential to a hazard;10. Definition of Regulation 178/2002 Regulation 178/2002 means Regulation (EC) No. (59) A system for rapid alert already exists in the framework of Council Directive 92/59/EEC of 29 June 1992 on general product safety(8). Justifications for the refusal shall be given to the institution or Member State(s) that made the request.6. (1) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests. In general, the public shall have access to information on product identification, the nature of the risk and the measure taken. 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. (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. In particular, the Authority should be able to assign certain tasks to organisations in the Member States. In 2002, the European Parliament and the Council adopted Regulation (EC) No 178/2002 laying down the general principles and requirements of food law (General Food Law Regulation). A European Food Safety Authority, hereinafter referred to as the "Authority", is hereby established.2. In particular, it may acquire and dispose of movable and immovable property and institute legal proceedings.2. 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. 25). 811 71
Conformity of a feed with specific provisions applicable to that feed shall not bar the competent authorities from taking appropriate measures to impose restrictions on it being placed on the market or to require its withdrawal from the market where there are reasons to suspect that, despite such conformity, the feed is unsafe.6. "stages of production, processing and distribution" means any stage, including import, from and including the primary production of a food, up to and including its storage, transport, sale or supply to the final consumer and, where relevant, the importation, production, manufacture, storage, transport, distribution, sale and supply of feed; 17. (50) Improved identification of emerging risks may in the long term be a major preventive instrument at the disposal of the Member States and the Community in the exercise of its policies. The Advisory Forum shall advise the Executive Director in the performance of his duties under this Regulation, in particular in drawing up a proposal for the Authority's work programme. Directive as last amended by Commission Directive 2001/57/EC. 10. 0000109705 00000 n
1. 5. Consequently, it is necessary to establish that this Regulation is without prejudice to the competence conferred on the EMEA by Community legislation, including powers conferred by Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin(20). 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.6. 0000120195 00000 n
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. 2. 0000123332 00000 n
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2. The European Parliament, acting on a recommendation from the Council, shall give a discharge to the Authority's Executive Director in respect of the implementation of the budget. (b) live animals unless they are prepared for placing on the market for human consumption; (d) medicinal products within the meaning of Council Directives 65/65/EEC(21) and 92/73/EEC(22); (e) cosmetics within the meaning of Council Directive 76/768/EEC(23); (f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC(24); (g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971; 1. (58) It is necessary to allow for the participation of European countries which are not members of the European Union and which have concluded agreements obliging them to transpose and implement the body of Community law in the field covered by this Regulation. Using the best independent scientific resources available, the Authority shall commission scientific studies necessary for the performance of its mission. 6. 0000122549 00000 n
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Directive as last amended by Commission Directive 2000/57/EC (OJ L 244, 29.9.2000, p. The members of the Scientific Committee and the Scientific Panels shall undertake to act independently of any external influence. 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 Executive Director may invite representatives of the European Parliament and from other relevant bodies to take part. (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. (20) The precautionary principle has been invoked to ensure health protection in the Community, thereby giving rise to barriers to the free movement of food or feed. 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. /Size 882
The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months. 1. Where reference is made to this paragraph, the procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Articles 7 and 8 thereof. "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. (3) The free movement of food and feed within the Community can be achieved only if food and feed safety requirements do not differ significantly from Member State to Member State. In this event, it shall immediately inform the other Member States and the Commission. 3. (65) It is important to avoid confusion between the missions of the Authority and the European Agency for the Evaluation of Medicinal Products (EMEA) established by Council Regulation (EEC) No 2309/93(19). (50) Improved identification of emerging risks may in the long term be a major preventive instrument at the disposal of the Member States and the Community in the exercise of its policies. Use, Other sites managed by the Publications Office, Environment, consumers and health protection, COD 2000/0286, Extended to the EEA by 22007D0134, Treaty establishing the European Community, http://data.europa.eu/eli/reg/2002/178/oj, Select all documents based on this document, Select all legislative procedures based on this document, Select all documents mentioning this document, Display the Official Journal containing the document, Portal of the Publications Office of the EU, article 36 paragraph 3 unnumbered paragraph 1, article 28 paragraph 4 unnumbered paragraph 2, article 25 paragraph 5 unnumbered paragraph 2, article 22 paragraph 7 unnumbered paragraph 2, article 40 paragraph 3 unnumbered paragraph 2, article 6 Preliminary question submitted by, article 14 Preliminary question submitted by, article 53 Preliminary question submitted by, article 55 Preliminary question submitted by, article 7 Preliminary question submitted by, article 54 Preliminary question submitted by, article 54 paragraph 1 Preliminary question submitted by, article 18 paragraph 1 Preliminary question submitted by, establishment of failure to fulfil an obligation requested by, article 2 Preliminary question submitted by. 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. (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). (65) It is important to avoid confusion between the missions of the Authority and the European Agency for the Evaluation of Medicinal Products (EMEA) established by Council Regulation (EEC) No 2309/93(19). on medical devices, and amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 . 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.2. The Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission. 5. REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL . "placing on the market" means the holding of food or feed for the purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution, and other forms of transfer themselves; 9. The Scientific Committee shall be responsible for the general coordination necessary to ensure the consistency of the scientific opinion procedure, in particular with regard to the adoption of working procedures and harmonisation of working methods. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety6; Sample 1 Sample 2 Members' term of office shall be four years, and may be renewed once. 0000121569 00000 n
Where any food which is unsafe is part of a batch, lot or consignment of food of the same class or description, it shall be presumed that all the food in that batch, lot or consignment is also unsafe, unless following a detailed assessment there is no evidence that the rest of the batch, lot or consignment is unsafe. Eu Regulation 178/2002 - posted in Food Safety Talk: Hi Saferpakers, I think most of you are packaging manufacturers. 9. DisplayLogo. 8. The two Member States concerned and the Commission shall make every effort to solve the problem. 4. Food shall not be placed on the market if it is unsafe.2. Food law shall aim to achieve the free movement in the Community of food and feed manufactured or marketed according to the general principles and requirements in this Chapter. Such disparities are liable to create barriers to trade and distort competition between food business operators in different Member States. The Executive Director shall take part in the meetings of the Management Board, without voting rights, and shall provide the Secretariat. Regulation (EC) No 178/2002 of the European Parliament and of the Councilof 28 January 2002laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 37, 95, 133 and Article 152(4)(b) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests. Food law shall aim at the protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods they consume. (6) Water is ingested directly or indirectly like other foods, thereby contributing to the overall exposure of a consumer to ingested substances, including chemical and microbiological contaminants. 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. 1-24) (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. 2. Participation in the rapid alert system may be opened up to applicant countries, third countries or international organisations, on the basis of agreements between the Community and those countries or international organisations, in accordance with the procedures defined in those agreements. Directive as last amended by Directive 93/39/EEC (OJ L 214, 24.8.1993, p. 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. 2. However, for the first mandate, this period shall be six years for half of the members. 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. 1. The report, which shall be accompanied, where appropriate, by proposals, shall indicate in particular, for each system, any modifications or improvements which might be required to enable the Authority to carry out its mission, in cooperation with the Member States.SECTION 4INDEPENDENCE, TRANSPARENCY, CONFIDENTIALITY AND COMMUNICATIONArticle 37Independence1. /L 362949
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. 0000123726 00000 n
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(11) OJ L 291, 19.11.1969, p. >>
It may also examine any issue falling under those provisions, either at the initiative of the Chairman or at the written request of one of its members.Article 60Mediation procedure1. The Authority shall collect and analyse data to allow the characterisation and monitoring of risks which have a direct or indirect impact on food and feed safety. (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. For the same reason the Committee on the Food Chain and Animal Health should also replace the Standing Committee on Plant Health in relation to its competence (for Directives 76/895/EEC(13), 86/362/EEC(14), 86/363/EEC(15), 90/642/EEC(16) and 91/414/EEC(17)) on plant protection products and the setting of maximum residue levels. 1. 3. The Scientific Committee and permanent Scientific Panels shall be responsible for providing the scientific opinions of the Authority, each within their own spheres of competence, and shall have the possibility, where necessary, of organising public hearings. However, it is necessary to ensure that the Authority focuses on food safety, so its mission in relation to animal health, animal welfare and plant health issues that are not linked to the safety of the food supply chain should be limited to the provision of scientific opinions. 1. 3. 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. Before 1 January 2005 and every six years thereafter, the Authority, in collaboration with the Commission, shall commission an independent external evaluation of its achievements on the basis of the terms of reference issued by the Management Board in agreement with the Commission. N° L 31 of 1 February 2002). Directive as last amended by Directive 92/41/EEC) (OJ L 158, 11.6.1992, p. 30). Council Decision of 21 January 2002. 5. In respect of its staff, the Authority shall exercise the powers which have been devolved to the appointing authority. It shall forward them without delay to the Commission and the budgetary authority. 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 The general plan shall also specify the practical procedures necessary to manage a crisis, including the principles of transparency to be applied and a communication strategy. 2. Regulation (EC) No 178/2002 formally establishes the Precautionary Principle as an option where, following an assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures based on the precautionary principle may be made. The Court of Auditors shall examine the accounts in accordance with Article 248 of the Treaty. Regulation amended by Commission Regulation (EC) No 649/98 (OJ L 88, 24.3.1998, p. 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.Article 36Networking of organisations operating in the fields within the Authority's mission1. 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").2.
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