Ensuring Food Safety in the European Union

Marco Silano, Vittorio Silano

• Publisher: CRC Press
• Year: 2020
• Print ISBN: 9780367542818
• eBook ISBN: 9781000198133
• Topic: Technology & Engineering
• Subtopic: Food Science
• Index: Technology & Engineering

It's not easy to navigate through EU food laws, so this book provides a clear analysis of the relevant EU regulations, making it beneficial to food safety organizations and food industry professionals. Ensuring Food Safety in the European Union provides an overall detailed analysis of the many and complex initiatives implemented by the European Union Institutions since the European Commission adopted on 12 January 2000 the "White Paper on Food Safety" with the objective of defining the policies to improve the level of health protection for the consumers of Europe's food. Achieving the highest standards of food safety in Europe has been a key policy priority for the European Institutions during the past 20 years through the implementation between 2000 and 2019 of many initiatives anticipated in the mentioned White Paper concerning: (i) The establishment of the European Food Safety Authority; (ii) the adoption of new food safety legislations in many domains; and (iii) the adoption of consumer's mandatory and voluntary information regulations.

Features

• Offers a clear and evolutive view of all relevant procedures and objectives to ensure food safety in European context

• Up to date presentation of EU relevant regulation and EFSA roles and activities

• Discusses the basic reasoning underlying the development and objectives of the current approach to food laws

The book offers a review of all the available tools and their practical usefulness on food safety at European level and their possible integration. The interest of the European Institutions for food safety policies continues to be very high as shown by the adoption in September 2019 of the EU regulation 1381 to further reinforce and potentiate, among others, EFSA risk assessment. The main target of the book is the food business operators of large and medium enterprises and their consultants. Other interested parties are the authorities competent at national and regional and local level and university teaching professionals in charge of food safety and related courses.

1
From the Treaty of Rome in 1957 to the Treaty of Lisbon Enacted in 2009

The European Union Institutions and Legislative Procedures

1.1 Introduction

As it is stressed in the official website of the European Commission, the European Union (EU) is based on the rule of law. Every action taken by the European Union is founded on treaties that have been approved democratically by all EU Member States. A treaty is a binding agreement between EU Member Countries that sets out EU objectives, rules for institutions, procedures on how decisions are made and the relationship between the EU institutions and their Member Countries. When needed, treaties are amended to make the EU more efficient and transparent, to prepare for new Member Countries and to introduce new areas of cooperation. Under the treaties, EU institutions can adopt legislation, which the Member Countries then implement (EUR-Lex database of EU law).

1.2 From the Treaty of Rome to the Treaty of Lisbon

The “European Economic Community (EEC)” was established with the Treaty of Rome in 1957 with the participation of six countries (Belgium, France, Germany, Italy, Luxembourg and the Netherlands).

About 36 years were needed to move from the EEC with the “Common Market” to the European Community (EC) with the “Single Market” and the four freedoms (i.e. movements of goods, services, people and money) as established by the Treaty of Maastricht in 1993 and the Treaty of Amsterdam in 1999.

About 52 years were necessary to move from the European Community to the current “European Union” as established by the Treaty of Lisbon ratified by all the 28 Member States before entering into force in 2009 (Correra and Silano, 1995; Capelli et al., 2006).

Some difficulties for the further development of the European Union have emerged from the referendum that was held in the UK on 23 June 2016, to decide whether the UK should leave the European Union. As many as 51.9% of the total votes in the UK were in favour of leaving the EU. The referendum turnout was 71.8%, with more than 30 million people voting. The UK has officially left the EU on 31 January 2020 after a general election. An agreement concerning the relationships between the EU and the UK is still under negotiation.

1.3 The Main EU Institutions

The main European Union Institutions are the European Commission, the Council and the Parliament.

The European Commission is the executive body of the European Union with the following tasks: (i) to “promote the general interest of the Union”, without prejudice to individual Member States; (ii) “to ensure the application of the Treaties” and adopted measures; and (iii) “to execute the budget”. The European Commission further holds a virtual monopoly on the legislative initiative, as it proposes all primary EU legislation to the European Parliament (EP) and the Council of the European Union. The Commission is also in charge of proposing and adopting delegated Regulations after consulting expert groups, composed of representatives from each EU country, which meet on a regular or occasional basis.

The College of Commissioners is composed of the representatives from all the Member States, and the Commission is structured as General Directorates. The Commissioners are appointed by the Member States. The DG Health is in charge of food safety.

The European Council brings together the Heads of State or Government of the EU Member States in quarterly meetings and seeks to set the overall direction and priorities of the European Union. The Presidents of the European Council and the European Commission are members but have no vote. Although not being a member of the European Council, the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission also takes part in its meetings.

In the EU Council, the government Ministers from each EU Member State meet to discuss, amend and adopt laws and coordinate policies. The Ministers have the authority to commit their governments to the actions agreed upon in these meetings. The Council is the main decision-making institution of the EU and negotiates and adopts primary EU laws, together with the European Parliament, based on the proposals from the European Commission.

The EU Council:

• coordinates EU countries’ policies;
• develops the EU’s foreign and security policy, based on European Council guidelines;
• concludes agreements between the EU and other countries or international organizations;
• adopts the annual EU budget jointly with the European Parliament.

There are no fixed members of the EU Council as the Council meets in ten different configurations, each corresponding to the policy area being discussed. Depending on the configuration, each country sends its Minister responsible for the policy area under discussion. For example, when the Council meeting on economic and financial affairs (the “Ecofin Council”) is held, it is attended by each country’s Finance Minister.

The Foreign Affairs Council has a permanent chairperson – the EU High Representative for Foreign Affairs and Security Policy. All other Council meetings are chaired by the relevant minister of the country holding the rotating EU presidency.

Overall consistency is ensured by the General Affairs Council – which is supported by the Permanent Representatives Committee that is composed of EU countries’ Permanent Representatives to the EU. All discussions and votes take place in public. To be passed, decisions usually require a qualified majority of 55% of all EU countries representing at least 65% of the total EU population. At least four countries (representing at least 35% of the total EU population) are needed to block a decision. Sensitive topics like foreign policy and taxation require a unanimous vote (all countries pro), whereas a simple majority is required for procedural and administrative issues.

The Parliament, directly elected by the European citizens every four years, is structured as Committees. The number of Members of the European Parliament (MEPs) for each country is roughly proportional to its population, but this is by degressive proportionality: no country can have fewer than 6 or more than 96 MEPs, and the total number cannot exceed 751 (750 plus the President). MEPs are grouped by political affiliation, not by nationality.

The President represents the Parliament to other EU institutions and the outside world and gives the final go-ahead to the EU budget.

Parliament’s work comprises two main stages:

• Committees – to prepare legislation. The European Parliament has 20 committees and 2 subcommittees, each handling a particular policy area. The committees examine proposals for legislation, and the members of the EP and political groups can put forward amendments or propose to reject a bill. These issues are also debated within the political groups. The Committee on the Environment, Public Health and Food Safety (ENVI Committee) is in charge of food safety.
• Plenary sessions – to pass legislation. This is when all the members of the EP gather in the chamber to give a final vote on the proposed legislation and the proposed amendments. These sessions normally are held in Strasbourg, France, for four days a month, but sometimes there are additional sessions in Brussels, Belgium.

The Parliament, together with the Council, adopts the primary Regulations of the EU based on the European Commission proposals, whereas both institutions maintain the right of scrutiny for the delegated Regulations adopted by the European Commission and the Member States.

Two other institutions play important roles in the European Union:

• the Court of Justice of the EU upholds the rule of European law; and
• the Court of Auditors checks the financing of the EU’s activities.

In the EU there are a number of other institutions and interinstitutional bodies that play specific roles:

• the European Central Bank is the central bank of the European Union countries which have adopted the euro, and it is responsible for European monetary policy;
• the European External Action Service (EEAS) manages the EU’s diplomatic relations with other countries outside the bloc and conducts EU foreign and security policy;
• the European Economic and Social Committee represents civil society, employers and employees;
• the European Committee of the Regions represents regional and local authorities;
• the European Investment Bank provides funding for projects that help to achieve the aims of EU, both within and outside the EU, and helps small businesses through the European Investment Fund;
• the European Ombudsman investigates complaints about maladministration by EU institutions and bodies;
• the European Data Protection Supervisor safeguards the privacy of people’s personal data;
• the Publications Office publishes information about the EU;
• the European Personnel Selection Office recruits staff for the EU institutions and other bodies;
• the European School of Administration provides training in specific areas for the members of EU staff; and

• a host of specific agencies and bodies handle a ra...

Table of contents

• Cover
• Half-Title
• Title
• Copyright
• Contents
• Preface
• Authors
• 1 From the Treaty of Rome in 1957 to the Treaty of Lisbon Enacted in 2009: The European Union Institutions and Legislative Procedures
• 2 Major Foodborne Illnesses and Causes
• 3 The EU Mandate to Promote Food Safety and “The White Paper on Food Safety” and the “Farm to Table” Legislation
• 4 Regulation EC 178/2002: An Integrated Approach to Support Food Safety
• 5 Consumer’s Information Regulations
• 6 Food and Feed Hygiene, Official Controls and RASFF, Agri-Food Frauds and Unfair Commercial Practices
• 7 Intentional and Unintentional Substances and Agents Present in Foods
• 8 Particular Food Products
• 9 Foods for Specific Population Groups
• 10 Regulations on Animal and Plant Health and on Organic Food and Country of Origin or Place of Provenance
• 11 The European Food Safety Authority
• 12 The New Regulation (EU) 2019/1381 on the Transparency and Sustainability of the EU Risk Assessment in the Food Chain
• 13 Better Training for Safer Food
• 14 Overall Conclusions
• Appendix I – Resolution Adopted by the European Parliament in May 2016 on Mandatory Indications of the Country of Origin or Place of Provenance for Certain Foods
• Appendix II – Nutrition Claims and Conditions Applying to Them (Annex to the Regulation (EU) 1924/2006)
• Appendix III – Hygiene of Primary Food Production (Annex 1 of Regulation (EC) 852/2004Part A: General Hygiene Provisions for Primary Production and Associated Operations; Part B: Recommendations for Guide to Good Hygiene Practice).
• Appendix IV – General Hygiene Requirements for All Food Business Operators(Except When Annex 1 Applies) (Annex 2 of EC Regulation (EC) 852/2004)
• Appendix V – List of Acronyms
• References
• Analytical Index