DG SANTE Food Fraud Task Force

Challenges and options to tackle Food Fraud

Legal framework to act

R 178/2002 on the General Food LawR 2017/625 on Official ControlsR 1169/2011 on Food Information to ConsumersR 767/2009 on Feed

1. Do we know what Food Fraud means?Violation of EU Food Law Intention

Economic gain Deception of customers

2. How can food safety systems be designedto prevent, detect and mitigate fraud?"Think like a criminal to fight fraud"

Food Safety Systems not speciallydesigned to prevent / fight Food Fraud

Food Fraud Vulnerability Assessment(supply chain mapping, socio-economic/behavioural/geo-politicalanalysis …)

Plan to control identified vulnerabilities(monitoring strategy, origin/label verification, supplier audit, analyticaltesting strategy, anticounterfeittechnology …)

3. Information, recall, withdrawal and reporting?

No direct obligation to report or withdraw products when fraudulent or deceptive practices are suspected (whistle-blower protection and food fraud definition absent)

Authorities / Commission deprived of intelligence source

Difficulties for prevention, search, detection and combat for other similar occurrences of fraud

4. How can we better tackle food fraudoriginating in third countries?

Complexity and cross-border character increase the risk of food fraud

Absence of cooperation / Reliance on third countries authorities

Equivalence Vs. Compliance

Different requirements (approval, declaration, controls, certification, traceability …)

5. Are MS structures effective in dealing withfood fraud?

Food inspectors without forensic capacitiesPolice inspectors without food expertise

Not necessarily a high priority compared to other criminal activities (when no public health risk)

Possibility to identify emerging riskAbility to coordinate investigation

Capacity to work on equal terms with other investigative services

6. Should we have stronger powers to conductinspections/investigations?

Commission controls and "on the spot verifications"

Controls, verifications, inspections, audits, investigations ?

Always announced so operators and competent authorities warned in advance

7. How can we ensure that fraudsters are penalised?

Easy choice: the risks of getting caught are low and there are no proper deterrents

Not traditionally a high priority for prosecution/judicial services

Lengthy process (public health risks)

Lack the necessary range of administrative measures /penalties

COM Communication "The Single Market in a changing world" → 22 November 2018Presentation 7 challenges to the EU FFN → 30 November 2018AGRI-FISH Council → 18 December 2018FR Note to the COM → 01 March 2019CVOs meeting → 26 March 2019DG SANTE staff seminar → 05 April 2019Consultation of the COM legal serviceDiscussions on possible options with the EU FFN → 08 April 2019

COM initiative(s)?

Way forward – what could the EU do?

OPTION 1: Stepping up current initiatives

OPTION 2: Developing an integrated strategy against food fraud

OPTION 3: New legislation

Thank you for your attention

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Challenge 1: "Food Fraud" definition

Violation of the "EU agri-food chain legislation" (Art. 1(2) OCR) Intentional action

Undue advantage Deception of purchaser(s)

The IMSOC Regulation‘food fraud notification’ means a non-compliance notification in iRASFF concerningsuspected intentional action by businesses or individualsfor the purpose of deceiving purchasers andgaining undue advantage therefromin violation of the rules referred to in Article 1(2) of Regulation (EU) 2017/625

Challenge 1: "Food Fraud" definition

Food and food safety, integrity and wholesomeness at any stage of production, processing and distribution of food, including rules aimed at ensuring fair practices in trade and protecting consumer interests and information, and the manufacture and use of materials and articles intended to come into contact with food;

Deliberate release into the environment of Genetically Modified Organisms (GMOs) for the purpose of food and feed production;

Feed and feed safety at any stage of production, processing and distribution of feed and the use of feed, including rules aimed at ensuring fair practices in trade and protecting consumer health, interests and information;

Animal health requirements;

Prevention and minimisation of risks to human and animal health arising from animal by-products and derived products;

Welfare requirements for animals;

Protective measures against pests of plants;

Requirements for the placing on the market and use of plant protection products and the sustainable use of pesticides, with the exception of pesticides application equipment;

Organic production and labelling of organic products;

Use and labelling of protected designations of origin, protected geographical indications and traditional specialities guaranteed.

Challenge 4: "imported products (goods)"

Article 121(h) of the OCR: take account of evidence of fraudulent or deceptive practices to determine the frequency of controls in Third Countries.BCP training (Delegated act on training of BCP staff (Art 49(5) of OCR)Commission "actions": delisting of Third Countries, imposition of special import conditions, increase in the level of checks, (in accordance with safeguard procedures)EU Member States can impose reinforced checks on establishmentsThe Commission can request that a Third Country delist a non-compliant establishmentCooperation in bilateral agreements/memoranda of understanding with key trading partners (integrate measures to deal with food fraud, designation of food fraud contact points in Third Countries, electronic certification / use of IMSOC, etc.).Additional requirements for imported products mirroring the requirements imposed on EU food/feed operators production systems (country approval, listing of establishments, certification, border controls).