Preparing for EU Exit

Official Sensitive – Not for Onward Distribution

Overview

Introduction

To do list

Questions

INTRODUCTION

Food Safety Framework

• 95% of food legislation originates from the EU.

• European Union (Withdrawal) Bill will bring existing EU food law into

domestic UK law as it is at the moment UK exits EU.

• Several vital food safety functions are exercised at an EU level by EU

institutions:

• Risk assessment carried out by EFSA

• Risk management decisions are taken by European Commission and

Council

• Key systems for providing rapid warning of food safety threats,

sharing information on food crime.

FSA preparation

• The FSA’s preparation for EU exit focuses on ensuring that:

– an effective regulatory framework is in place

– that there is an effective regulator with appropriate powers.

• Our to do list includes:

– Operable legislation

– Imported food

– OV workforce

– Risk assessments

– Local authority resources.

FSA Wales

Specific responsibilities for FSA Wales in relation to EU exit include:

– Ensuring the operability of all relevant food legislation in Wales.

– Working with local authorities to prepare for any changes, particularly

in relation to imported food.

– Understanding the views of stakeholders including consumers and

industry.

Law Derived from the European Union (Wales) Bill

• Known as the Continuity Bill

• Emergency legislation passed on 21st March 2018.

• Gives Welsh Ministers the power to amend EU law.

• Designed to prevent what are currently devolved powers being retained

at the UK level.

• UK Government have referred the Bill to the Supreme Court.

• The Supreme Court will rule whether this legislation is constitutional,

and properly within devolved legislative powers.

INSIGHT

Consumer Insight

Consumer Insight

Consumer Insight

Stakeholder Views 2016:Opportunities

• Enhance brand ‘Britain’

• Expand primary production export

• Improve speed to market (e.g.

novel foods)

• Simplify Port procedures –

product testing at airports.

• Improved enforcement

Stakeholder Views 2016: Issues

• Uncertainty

• Labour losses of both seasonal and settled EU migrant workers.

• Two tier regulatory framework.

• Potential delays at borders leading to increased food waste and fraud.

• Import of cheaper food and knock on impact to UK industry.

Feedback from local authorities so far

• EU Exit an opportunity to improve impractical legislation

• Concerns businesses might push for reduction in food safety

protections and / or for a dual system for trade.

• Worries around continued access to EU information systems, audits

and training

• Concerns around officer imported food training and impact on ports

• Questions about the capacity of public analyst labs

• Possible increase in the number of export certificates

• Recognition for UK EHPs

TO DO LIST

FSA Priority

“We are committed to upholding

the excellent standards of food

safety that UK food businesses

trade on and consumers trust.”

Our priorities

• An effective regulatory framework

• Effective regulatory functions

• Food safety systems

• Imports

• Workforce

Legislative framework

• Food law largely consists of directly applicable EU legislation

• 95% of food law originates from the EU

• Food heavily reliant on interaction with the EU institutions and other

member states.

EU Functions

Regulatory framework

• Ensure body of food safety law remains in force upon exit.

• Withdrawal Bill framework to convert and amend directly applicable EU

regulations.

• Also amend domestic enforcing legislation where needed.

Effective regulator

An effective regulator should have the capacity to:

• Identify potential threats to food safety (surveillance)

• Assess the scale of the threat (risk assessment)

• Inform others (risk communication)

• Decide what action to take (risk management)

• Ensure implementation (enforcement)

• Assess if interventions are achieving the desired effect

• Amend or reform when regulation or delivery needs to

change

Risk Assessment

• The European Food Safety Authority (EFSA) provides independent

scientific advice including risk assessments.

• This is of particular importance in the area of pre-market

approvals/authorisations of food additives, enzymes, flavourings and

novel foods.

• UK has risk assessment capacity and carries out routine risk

assessment work but is focussed on increasing capacity/skills to fulfil

these function should they be needed.

Risk Management

• Most food safety risk management

decisions currently taken at an EU level.

• FSA does not currently have statutory

functions to take these decisions.

• FSA and other government departments

are exploring what arrangements needed

upon EU exit.

Key EU Food Safety Systems

RASFF AAC

EFFN TRACES

Imported Food

£27bn

48% 70%

Imports

• Currently food imported from the EU is not subject to any checks

when entering the UK.

• Checks are undertaken on third country imports to ensure

compliance with relevant requirements.

• Planning for scenarios where we do not have access to TRACES

and RASFF

• Looking at options to mitigate the risk of importing food from the EU

without access to these systems.

• No Border Inspection Posts or Designated Points of Entry in Wales

Workforce

• The FSA’s workforce, and the

workforces of the agriculture, food

and drink industries, draw heavily

on nationals from other EU

member states.

• 85% of the FSA’s Official

Veterinarians come from other

member states.

Local Authority Resources

• Potential for increased roles for Local

Authorities:

• Imported Food Checks

• Export Health Certificates

• What is the FSA doing?

• Training

• Highlighting issue to Ministers.

NEXT STEPS

What’s next?

• Transition period has been agreed and DExEU say will conclude this

work in full by October.

• Outcome of the Supreme Court ruling on the Continuity Bill.

• When Withdrawal Bill has gained Royal Assent legislation can be

amended.

• UK frameworks

QUESTIONS

FSA Board Paper EU exit

The full FSA board paper on EU Exit from September 2017 can be

downloaded via the following link:

https://www.food.gov.uk/sites/default/files/fsa170904.pdf

DIOLCH