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Official controls of food
offered in the Internet
EU actions and perspective
DG SANTE - Directorate General Health & Food Safety
Unit G3 – Official controls and eradication of diseases in animals
Filippo Abruzzo
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Article 36In the case of animals and goods offered
for sale by means of distance
communication, samples ordered from
operators by the competent authorities
without identifying themselves may be
used for the purposes of an official control
Elements introduced by the Official Control
Regulation (EU) 2017/625
Article 138(2)
Where the non-compliance is established, the competent authorities shall…
(i) order the cessation for an appropriate period of time of all or part of the activities of the concerned operator and, where relevant, of the Internet sites it operates or employs
Elements introduced by the Official Control
Regulation (EU) 2017/625
Elements introduced by the Official Control
Regulation (EU) 2017/625
Article 9(2)
Competent Authorities shall perform official controls on food fraud
on a risk basis
European Court of Justice ruling:
when is an online offer addressed to
consumers of a specific country?
- Web site in official language of this country
- - Price in currency of this country
- Delivery not excluded to this country
Enforcement related difficulties
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Better Training for Safer Foodwill be continued in 2018/19
Trainings for official control
staff on eCommerce
investigations
since 2014
all Member States and EFTA
Basic training:230 participants
trained
Advanced training:60 participants
trained
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Better Training for Safer Food
Courses in 2018/19
Basis training:
11-14 June 2018 in Madrid
8–11 October 2018 in Prague
4-7 March 2019 in Bratislava
Advanced training:
19-22 November 2018 in Bratislava
20-23 May 2019 in Prague
23-26 September 2019 in Madrid
EU actions on eCommerce control- Fact-finding missions in MS
Fact-finding missions on eCommerce control in
7 Member States by SANTE/F accomplished in 2017 (DK, DE, FR, IE, PT,
SE, UK)
Draft report on findings and best practices
Workshop with MS control staff on
findings and best practices 22-24 May
2018 in Grange
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Adaptation of iRASFF format to enhance
information on e-commerce related notifications- iRASFF version 1.8.0 release September 2017
• The General information box has two new fields: "eCommerce related"
and "Internet search performed".
• In the Sampling section, Sampling place has an additional option:
"online purchase".
• In the Operator section:
• Operator type has 2 additional options: "e-platform/e-
marketplace" and "e-trader" replacing "e-shop";
• Several new fields provide additional information: URL (always
visible), URL 2, Website Owner, Address of the Website Owner,
Email of the Website Owner, …
• Add file has an additional "screenshot" option useful in case of
volatile web sites.
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Contact points of eCommerce platforms and
social media for MS control authorities
• eBay
• for non-compliant offers: dedicated email addresses• for contact details of sellers: LEP and LERS
• Amazon
• for general questions and non-compliant offers: two dedicated email addresses
• Alibaba group
• for non-compliant offers: one dedicated email address
• for non-compliant offers: one dedicated email address to be reached by up to two email addresses per MS
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Contact points of credit card brands and
payment service providers
• PayPal
• for general inquiries or urgent investigations: dedicated email addresses and phone numbers
• for customer sensitive information:Safety Hub – PayPal Law Enforcement Tool contact
• Mastercard
• for data of sellers: Law Enforcement Referral Form (a. print and sign, b. electronic signature)
• VISA
• …
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Establish cooperation agreements with
third countries
Trilaterals talks between US-FDA, CN-AQSIQ and SANTE
on 11 to 13 April 2018:
• SANTE proposed a project of mutual administrative assistance and
cooperation between the three institutions for cross-border non-
compliance cases
• Three institutions act as single contact points
• Single contact points get in contact with the respective competent
authorities and request inquiry on the specific case
• Deadlines for feedback
• Criteria for closing a case:
─ Case solved
─ Trader not reachable
─ Competent authority refuses to take measures
Food supplements with medicinal claims on bone and joint diseases(Art. 7 of Regulation (EU) 1169/2011)
Four different non-authorised novel foods- Agmatine (4-aminobutyl) guanidine sulfate- Acacia rigidula- Epimedium grandiflorum - Hoodia gordonii
Commission Recommendation on the first
coordinated control plan on eFoodSearch in MS official language web sites which offer:
EU Coordinated Control Plan- time line and participation
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4 weeks control period (September 2017)
Reporting period until 17 November 2017
25 Member States plus NO and CH participated
EU Coordinated Control Plan- websites and non-compliances
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1077 web sites checked
351 food supplements with medicinal claim
428 non-compliant novel foods
779 offers of non-compliant products
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EU Coordinated Control Plan- traders' location
482 offers from national traders (65%)
142 offers from traders located in otherEU Member States (20%)
110 offers from third country traders (US, CN, 15%)
EU Coordinated Control Plan- notifications
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139 RASFF (EU and third countries)
154 EU internal Administrative Assistanceand Cooperation System (AAC)
450 Cases handled nationally
36 Cases without health concern fromthird countries
Cooperation on eCommerce related cases
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Cooperation within the EU:- RASFF
- Administrative Assistance and Cooperation
Cooperation with third countries:- RASFF (need to react)
- Agreements for mutual cooperation and support oninternational level
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Proposals for a second coordinated control plan on eCommerce
- WG eCommerce on 16 April 2018
• Animal Health and Welfare: cats and dogs
• Age, vaccination, fraud
• Food products of protected designations of origin and protected
geographical indications (PDO-PGI)
• Fraud
• Food supplements a) with claims on the rate or amount of weight
loss and b) containing prohibited pharmacologically active
substances
• Health, fraud
• Product searches on RASFF notifications
• Health, increased enforcement
1• eCommerce control is a new task for official food control
2• EU competent authorities are capable to perform eCommerce
control
3• European Commission supports authorities of EU Member
States with various actions
CONCLUSION
4• Focus of official control on national eTraders
5• Cooperation between EU Member States well established (RASFF
and AAC)
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• In comparison to other sectors: eCommerce control of food is advanced and should be further supported by CCPs 7
• EC expects mutual support of competent authorities at international level on eCommerce cases
CONCLUSION
Thank you for your attention
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