23. For this reason, it is vital to ensure its independence, high scientific quality, transparency and efficiency. 0000123332 00000 n The Executive Director may be removed from office by a majority of the Management Board.2. Representatives may be replaced by alternates, appointed at the same time.2. Similarly such barriers may arise to trade in feed. 2. (7) Within the context of food law it is appropriate to include requirements for feed, including its production and use where that feed is intended for food-producing animals. The Advisory Forum shall constitute a mechanism for an exchange of information on potential risks and the pooling of knowledge. The Commission shall transmit this information immediately to the members of the network.The Authority may supplement the notification with any scientific or technical information, which will facilitate rapid, appropriate risk management action by the Member States.3. A rapid alert system for the notification of a direct or indirect risk to human health deriving from food or feed is hereby established as a network. Therefore, revised procedures should take into account the Authority's responsibilities and should provide for its scientific and technical assistance in the form of advice in the event of a food crisis. For that purpose, they shall maintain a system of official controls and other activities as appropriate to the circumstances, including public communication on food and feed safety and risk, food and feed safety surveillance and other monitoring activities covering all stages of production, processing and distribution. 2. In other circumstances, food and feed can only be exported or re-exported if the importing country has expressly agreed. In order to ensure the manageability and consistency of the process of scientific advice, the Authority should be able to refuse or amend a request providing justification for this and on the basis of predetermined criteria. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage.3. This is without prejudice to the similar requirements which have been applied so far and which will be applied in the future in feed legislation applicable to all animals, including pets. (16) OJ L 350, 14.12.1990, p. 71. The Authority shall exercise vigilance in order to identify at an early stage any potential source of divergence between its scientific opinions and the scientific opinions issued by other bodies carrying out similar tasks.2. "food law" means the laws, regulations and administrative provisions governing food in general, and food safety in particular, whether at Community or national level; it covers any stage of production, processing and distribution of food, and also of feed produced for, or fed to, food-producing animals;2. The Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission. On the 28th of January 2002 the European Parliament and the Council adopted Regulation (EC) 178/2002 laying down the General Principles and requirements of Food Law. Such disparities are liable to create barriers to trade and distort competition between food business operators in different Member States. The Management Board shall ensure that the Authority carries out its mission and performs the tasks assigned to it under the conditions laid down in this Regulation.8. (4) Opinion of the European Parliament of 12 June 2001 (not yet published in the Official Journal), Council Common Position of 17 September 2001 (not yet published in the Official Journal) and Decision of the European Parliament of 11 December 2001 (not yet published in the Official Journal). However, it is necessary to ensure that the Authority focuses on food safety, so its mission in relation to animal health, animal welfare and plant health issues that are not linked to the safety of the food supply chain should be limited to the provision of scientific opinions. 0000118235 00000 n This revised system should be managed by the Commission and include as members of the network the Member States, the Commission and the Authority. trailer Legislation on the general principles of food law (Regulation 178/2002/EC) makes it illegal to place unsafe food on the market. The evaluation and the recommendations shall be made public.2. The evaluation will assess the working practices and the impact of the Authority. On the basis of that draft, the Commission shall enter the relevant estimates in the preliminary draft general budget of the European Union to be put before the Council pursuant to Article 272 of the Treaty. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage. "placing on the market" means the holding of food or feed for the purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution, and other forms of transfer themselves; 9. The Authority may be requested by the Commission to provide scientific or technical assistance in any field within its mission. The crisis unit may request the assistance of any public or private person whose expertise it deems necessary to manage the crisis effectively.3. Representatives of the Commission's departments may participate in the work of the Advisory Forum. (9) It is necessary to ensure that consumers, other stakeholders and trading partners have confidence in the decision-making processes underpinning food law, its scientific basis and the structures and independence of the institutions protecting health and other interests. 6. The Authority shall contribute to a high level of protection of human life and health, and in this respect take account of animal health and welfare, plant health and the environment, in the context of the operation of the internal market. Having regard to the proposal from the Commission(1). (41) To that effect the Management Board should be appointed in such a way as to secure the highest standard of competence, a broad range of relevant expertise, for instance in management and in public administration, and the broadest possible geographic distribution within the Union. Before 1 January 2005, the Commission shall publish a report on the experience acquired from implementing Sections 1 and 2 of Chapter IV. The Authority shall carry out its tasks in conditions which enable it to serve as a point of reference by virtue of its independence, the scientific and technical quality of the opinions it issues and the information it disseminates, the transparency of its procedures and methods of operation, and its diligence in performing the tasks assigned to it. This document is an excerpt from the EUR-Lex website, Regulation (EC) No 178/2002 of the European Parliament and of 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, OJ L 31, 1.2.2002, p. 1–24 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)Special edition in Czech: Chapter 15 Volume 006 P. 463 - 486Special edition in Estonian: Chapter 15 Volume 006 P. 463 - 486Special edition in Latvian: Chapter 15 Volume 006 P. 463 - 486Special edition in Lithuanian: Chapter 15 Volume 006 P. 463 - 486Special edition in Hungarian Chapter 15 Volume 006 P. 463 - 486Special edition in Maltese: Chapter 15 Volume 006 P. 463 - 486Special edition in Polish: Chapter 15 Volume 006 P. 463 - 486Special edition in Slovak: Chapter 15 Volume 006 P. 463 - 486Special edition in Slovene: Chapter 15 Volume 006 P. 463 - 486Special edition in Bulgarian: Chapter 15 Volume 008 P. 68 - 91Special edition in Romanian: Chapter 15 Volume 008 P. 68 - 91Special edition in Croatian: Chapter 15 Volume 007 P. 91 - 114, In force: This act has been changed. "Food" shall not include:(a) feed;(b) live animals unless they are prepared for placing on the market for human consumption;(c) plants prior to harvesting;(d) medicinal products within the meaning of Council Directives 65/65/EEC(21) and 92/73/EEC(22);(e) cosmetics within the meaning of Council Directive 76/768/EEC(23);(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC(24);(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971;(h) residues and contaminants.Article 3Other definitionsFor the purposes of this Regulation:1. Where there are no specific Community provisions, food shall be deemed to be safe when it conforms to the specific provisions of national food law of the Member State in whose territory the food is marketed, such provisions being drawn up and applied without prejudice to the Treaty, in particular Articles 28 and 30 thereof. Directive as last amended by Directive 92/41/EEC) (OJ L 158, 11.6.1992, p. 30). /StructTreeRoot 79 0 R Without prejudice to other Community legislation, the Member States shall immediately notify the Commission under the rapid alert system of: (a) any measure they adopt which is aimed at restricting the placing on the market or forcing the withdrawal from the market or the recall of food or feed in order to protect human health and requiring rapid action; (b) any recommendation or agreement with professional operators which is aimed, on a voluntary or obligatory basis, at preventing, limiting or imposing specific conditions on the placing on the market or the eventual use of food or feed on account of a serious risk to human health requiring rapid action; (c) any rejection, related to a direct or indirect risk to human health, of a batch, container or cargo of food or feed by a competent authority at a border post within the European Union. endobj Where the Authority has information leading it to suspect an emerging serious risk, it shall request additional information from the Member States, other Community agencies and the Commission. It shall in particular make public without delay:(a) agendas and minutes of the Scientific Committee and the Scientific Panels;(b) the opinions of the Scientific Committee and the Scientific Panels immediately after adoption, minority opinions always being included;(c) without prejudice to Articles 39 and 41, the information on which its opinions are based;(d) the annual declarations of interest made by members of the Management Board, the Executive Director, members of the Advisory Forum and members of the Scientific Committee and Scientific Panels, as well as the declarations of interest made in relation to items on the agendas of meetings;(e) the results of its scientific studies;(f) the annual report of its activities;(g) requests from the European Parliament, the Commission or a Member State for scientific opinions which have been refused or modified and the justifications for the refusal or modification.2. .-&&£v‰2é$ܘ˜ÌÄ&Pð‰ÅS!xêÎ@¥càPri7p8äÒ-:G¨í|rJ…P•àðtÄÈè‚031-² ; kÝI¢EXã,˜€ˆw`+$²ƒ„dáQñØØÔƧ౨ա[ÂDÀ`¢Ò1p These measures shall specify, in particular, the specific conditions and procedures applicable to the transmission of notifications and supplementary information.Article 52Confidentiality rules for the rapid alert system1. (10) Experience has shown that it is necessary to adopt measures aimed at guaranteeing that unsafe food is not placed on the market and at ensuring that systems exist to identify and respond to food safety problems in order to ensure the proper functioning of the internal market and to protect human health. Without prejudice to the application of other Community provisions, where a Member State is of the opinion that a measure taken by another Member State in the field of food safety is either incompatible with this Regulation or is likely to affect the functioning of the internal market, it shall refer the matter to the Commission, which will immediately inform the other Member State concerned. 0000117257 00000 n Where Community legislation does not already specify a time limit for the delivery of a scientific opinion, the Authority shall issue scientific opinions within the time limit specified in the requests for opinions, except in duly justified circumstances. 0000121372 00000 n 1. The Authority shall ensure wide access to the documents which it possesses. 0000115293 00000 n The Authority shall forward to the Member States and the Commission appropriate recommendations which might improve the technical comparability of the data it receives and analyses, in order to facilitate consolidation at Community level.5. 1. Accordingly, Council Decisions 68/361/EEC(10), 69/414/EEC(11), and 70/372/EEC(12), should be repealed. (43) The Management Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations, appoint members of the Scientific Committee and Scientific Panels and appoint the Executive Director. 2. /Metadata 78 0 R Existing procedures for the allocation of scientific tasks to the Member States, in particular with regard to the evaluation of dossiers presented by industry for the authorisation of certain substances, products or procedures, should be re-examined within a year with the objective of taking into account the establishment of the Authority and the new facilities it offers, the evaluation procedures remaining at least as stringent as before. These measures shall specify, in particular, the specific conditions and procedures applicable to the transmission of notifications and supplementary information. The Authority shall lay down in its internal rules the practical arrangements for implementing the transparency rules referred to in paragraphs 1 and 2.Article 39Confidentiality1.