Food legislation of the European Union and its

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 1

European Union strategy 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 WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 2

EU food legislation ¡ Horizontal ¡ Covers issues applicable to all foodstuffs ¡ Vertical ¡ Relates to specific groups of foodstuffs WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 3

EU food legislation structure ¡ ¡ Regulation Directive Decision Recommendation ¡ ¡ WHO, Almaty 2002 Obligatory as a whole. Applicable directly in all member States. After approval it becomes mandatory in each member State. Has power of a law. Food Legislation of the European Union and its effect on Slovak legislation 4

Examples of EU Regulations 178/2002 Food law ¡ 1566/99/EC Commission 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 5

EU food legislation structure ¡ ¡ Regulation Directive Decision Recommendation ¡ ¡ ¡ WHO, Almaty 2002 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. Food Legislation of the European Union and its effect on Slovak legislation 6

Examples of EU Directives 67/427/EEC Establishes specific purity criteria for emulsifiers, stabilisers, thickeners and gelling agents ¡ 99/21/EC Commission Directive on dietary foods for special medical purposes ¡ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 7

EU food legislation structure ¡ ¡ Regulation Directive Decision Recommendation, statement WHO, Almaty 2002 ¡ Obligatory for those who are addressed. Food Legislation of the European Union and its effect on Slovak legislation 8

Examples of EU Decisions 98/536/EC Commission decision establishing the list of national reference laboratories for the detection of residues ¡ 99/788/EC Commission 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 9

EU food legislation structure ¡ ¡ Regulation Directive Decision ¡ Recommendation, communication WHO, Almaty 2002 ¡ ¡ May be issued from time to time. Has no juridical power. Can serve as a tool at interpretation. Food Legislation of the European Union and its effect on Slovak legislation 10

Example of EU Recommendations 95/156/EC Commission 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 ¡ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 11

EU food legislation Published in the Official Journal of the European Communitites, series L WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 12

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/ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 13

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 WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 14

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 WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 15

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/ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 16

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 WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 17

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) WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 18

Acquis Communautaire Complete legislation of the EU having been developed and revised since 1960. ¡ Countries in accession process have to implement it completely. ¡ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 19

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/ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 20

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 WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 21

Main changes in the SR Food Act in accordance with the EU „Novel foods“defined „Cosmetics preparations“ omited Basic duties of food producers extended Labelling of durability changed Responsibilities of inspection bodies given in details Food inspection re-organised /transparency/ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 22

Development of food legislation Never-ending process Implementation of new scientific knowledge ¡ Improvement of consumer protection ¡ WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation 23