WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation1 Food legislation of the European Union and its effect on

WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation

1

Food legislation of the European Union and its effect on Slovak legislation

Terezia Sinkova


2

All activities related to food chain „from farm to fork“„from stable to table“

Should: Be transparent Ensure food safety and quality Maximize confidence of consumers

European Union strategy


3

EU food legislation

Horizontal

Vertical

Covers issues applicable to all foodstuffs

Relates to specific groups of foodstuffs


4

EU food legislation structure

Regulation Directive Decision Recommendation

Obligatory as a whole.

Applicable directly in all member States.

After approval it becomes mandatory in each member State.

Has power of a law.


5

Examples of EU Regulations

178/2002 Food law

1566/99/ECCommission Regulation amending Regulation

194/97 setting maximum levels for certain contaminants in foodstuffs


6


Regulation Directive Decision Recommendation

Result is obligatory for each member country.

National authorities can decide on forms and methods how to achieve the result.

It acquires power of a law after assumption into national legislation.


7

Examples of EU Directives

67/427/EECEstablishes specific purity criteria for

emulsifiers, stabilisers, thickeners and gelling agents

99/21/ECCommission Directive on dietary foods for

special medical purposes


8


Regulation Directive Decision Recommendation,

statement

Obligatory for those who are addressed.


9

Examples of EU Decisions

98/536/ECCommission decision establishing the list of

national reference laboratories for the detection of residues

99/788/ECCommission decision on protective measures with

regards to contamination by dioxins of certain products of porcine and poultry origin intended for human or animal consumption


10


Regulation Directive Decision Recommendation,

communication

May be issued from time to time.

Has no juridical power.

Can serve as a tool at interpretation.


11

Example of EU Recommendations

95/156/ECCommission Recommendation concerning

co-ordinated programme of inspections in 1995 to ensure compliance with maximum levels of pesticides in and on certain products of plant origin, including fruits and vegetables


12

EU food legislation

Published in theOfficial Journal of the European

Communitites, series L


13

Obstacles to free movement of goods within EC due to disparities between national laws

Judgment of the Court of Justice of the European Communities

ECJ case law Principles:

consumer health protection + fair trade

/e.g. Cassis de Dijon approach/


14

Regulation /EC/ No. 178/2002 of the European Parliament and 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


15

Regulation /EC/ No. 178/2002

Aim:

high level of protection of human health

free movement of safe and wholesame food and feed within the Community


16

Regulation /EC/ No. 178/2002 I. General food law

General principles /risk analysis, precautionary principle, protection of consumers´interests/

Principles of transparency /public consultation, public information/

General obligations of food trade /food and feed imported into the Community, exported, international standards/

General requirements of food law /food safety, feed safety, presentation, responsibilities, traceability/


17

Regulation /EC/ No. 178/2002 II. European Food Safety Authority

TASKS Scientific and technical support for the

Community legislation and policies in all fields which have a direct or indirect impact on food and feed safety

Independent information on all matters within these fields and communicate on risks

Assistance for European Commission, Parliament and Member States


18

Regulation /EC/ No. 178/2002 III. Rapid alert system

Aim Protection of consumers against hazard

from foodstuffs Rapid exchange of information among the

EC Member States

Information related to threatening health of population from food and feed should be

communicated to population (identification of product, character of risk,

measurements undertaken for risk prevention)


19

Acquis Communautaire

Complete legislation of the EU having been developed and revised since 1960.

Countries in accession process have to implement it completely.


20

Harmonisation of Slovak food legislation with EU legislation

1/ White Paper /1997/ Specified EU regulations/directives which had to

be implemented preferencially 2/ Adjustments of national legislation Table of correspondence: Compared each of the

EU regulation/directive with SR legislation - paragraph by paragraph in details/.

3/ Negotiations Aid: reasoned statement Exceptions in justifiable cases /for a specified

time/


21

Consequences of harmonisation Slovak food legislation with EU

Food Act 152/1995 amended in 1996, 2000, 2002

Individual chapters of Food Codex amended/developed in accordance with the EU legislation


22

Main changes in the SR Food Act in accordance with the EU

„Novel foods“defined„Cosmetics preparations“ omited Basic duties of food producers extendedLabelling of durability changedResponsibilities of inspection bodies given

in detailsFood inspection re-organised

/transparency/


23

Development of food legislation

Never-ending process

Implementation of new scientific knowledge

Improvement of consumer protection

Documents

WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation1 Food legislation of the European Union and its effect on