who, almaty 2002 food legislation of the european union and its effect on slovak legislation1 food...
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WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation
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Food legislation of the European Union and its effect on Slovak legislation
Terezia Sinkova
WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation
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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
WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation
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EU food legislation
Horizontal
Vertical
Covers issues applicable to all foodstuffs
Relates to specific groups of foodstuffs
WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation
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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.
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Examples of EU Regulations
178/2002 Food law
1566/99/ECCommission Regulation amending Regulation
194/97 setting maximum levels for certain contaminants in foodstuffs
WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation
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EU food legislation structure
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.
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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
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EU food legislation structure
Regulation Directive Decision Recommendation,
statement
Obligatory for those who are addressed.
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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
WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation
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EU food legislation structure
Regulation Directive Decision Recommendation,
communication
May be issued from time to time.
Has no juridical power.
Can serve as a tool at interpretation.
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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
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EU food legislation
Published in theOfficial Journal of the European
Communitites, series L
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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/
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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
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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
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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/
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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
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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)
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Acquis Communautaire
Complete legislation of the EU having been developed and revised since 1960.
Countries in accession process have to implement it completely.
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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/
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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
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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/
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Development of food legislation
Never-ending process
Implementation of new scientific knowledge
Improvement of consumer protection