(15) Networking of laboratories of excellence, at regional and/or interregional level, with the aim of ensuring continuous monitoring of food safety, could play an important role in the prevention of potential health risks for citizens. (52) It is necessary to ensure that a balance is struck between the need to use national organisations to carry out tasks for the Authority and the need to ensure for the purposes of overall consistency that such tasks are carried out in line with the criteria established for such tasks. (32) The scientific and technical basis of Community legislation relating to the safety of food and feed should contribute to the achievement of a high level of health protection within the Community. (5) Accordingly, it is necessary to approximate these concepts, principles and procedures so as to form a common basis for measures governing food and feed taken in the Member States and at Community level. The establishment of a European Food Safety Authority, hereinafter referred to as "the Authority", should reinforce the present system of scientific and technical support which is no longer able to respond to increasing demands on it. Piqué i Camps(1) OJ C 96 E, 27.3.2001, p. Directive as last amended by Directive 1999/34/EC of the European Parliament and of the Council (OJ L 141, 4.6.1999, p. 20). 7. "feed business" means any undertaking whether for profit or not and whether public or private, carrying out any operation of production, manufacture, processing, storage, transport or distribution of feed including any producer producing, processing or storing feed for feeding to animals on his own holding;6. It may be called upon to give opinions on contentious scientific issues, thereby enabling the Community institutions and Member States to take informed risk management decisions necessary to ensure food and feed safety whilst helping avoid the fragmentation of the internal market through the adoption of unjustified or unnecessary obstacles to the free movement of food and feed. 6. Members of the Management Board, the Executive Director, members of the Scientific Committee and Scientific Panels as well as external experts participating in their working groups, members of the Advisory Forum and members of the staff of the Authority, even after their duties have ceased, shall be subject to the requirements of confidentiality pursuant to Article 287 of the Treaty.3. 61). The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.Article 59Functions assigned to the CommitteeThe Committee shall carry out the functions assigned to it by this Regulation and by other relevant Community provisions, in the cases and conditions provided for in those provisions. 4. The Authority shall have legal personality. Within one year following the date of entry into force of this Regulation, the Commission shall publish an inventory of data collection systems existing at Community level in the fields within the mission of the Authority.The report, which shall be accompanied, where appropriate, by proposals, shall indicate in particular:(a) for each system, the role which should be assigned to the Authority, and any modifications or improvements which might be required to enable the Authority to carry out its mission, in cooperation with the Member States;(b) the shortcomings which should be remedied to enable the Authority to collect and summarise at Community level relevant scientific and technical data in the fields within its mission.6. 1. Cooperation and appropriate exchange of information should also minimise the potential for diverging scientific opinions. It shall not apply to primary production for private domestic use or to the domestic preparation, handling or storage of food for private domestic consumption. Access essential accompanying documents and information for this legislation item from this tab. 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. (32) The scientific and technical basis of Community legislation relating to the safety of food and feed should contribute to the achievement of a high level of health protection within the Community. (23) The safety and confidence of consumers within the Community, and in third countries, are of paramount importance. RÈGLEMENT (CE) No 178/2002 DU PARLEMENT EUROPÉEN ET DU CONSEIL du 28 janvier 2002 établissantlesprincipesgénérauxetlesprescriptionsgénéralesdelalégislationalimentaire,insti-tuantl'Autoritéeuropéennedesécuritédesalimentsetfixantdesprocéduresrelativesàlasécurité des denrées alimentaires LEPARLEMENTEUROPÉENETLECONSEILDEL'UNION EUROPÉENNE, … However, as the quality of water intended for human consumption is already controlled by Council Directives 80/778/EEC(5) and 98/83/EC(6), it suffices to consider water after the point of compliance referred to in Article 6 of Directive 98/83/EC. Food law shall pursue one or more of the general objectives of a high level of protection of human life and health and the protection of consumers' interests, including fair practices in food trade, taking account of, where appropriate, the protection of animal health and welfare, plant health and the environment. 30). 7. It shall aim at the prevention of: (c) any other practices which may mislead the consumer. The Authority shall establish monitoring procedures for systematically searching for, collecting, collating and analysing information and data with a view to the identification of emerging risks in the fields within its mission. 3. Feed business operators shall collaborate with the competent authorities on action taken in order to avoid risks posed by a feed which they supply or have supplied. The more recent the death record, the more information you will find. 1. These rules shall specify in particular: (a) the procedure to be applied by the Authority to the requests referred to it; (b) the guidelines governing the scientific evaluation of substances, products or processes which are subject under Community legislation to a system of prior authorisation or entry on a positive list, in particular where Community legislation makes provision for, or authorises, a dossier to be presented for this purpose by the applicant. It is necessary to reorganise these Committees to ensure greater scientific consistency in relation to the food supply chain and to enable them to work more effectively. (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). The Advisory Forum shall be chaired by the Executive Director. Where the Advisory Forum discusses the matters referred to in Article 22(5)(b), representatives from competent bodies in the Member States which undertake tasks similar to those referred to in Article 22(5)(b) may participate in the work of the Advisory Forum, on the basis of one representative designated by each Member State. The Management Board shall adopt its rules of procedure.Unless otherwise provided, the Management Board shall act by a majority of its members.6. 3. It sets out an overarching and coherent framework for the development of food and feed legislation both at Union and national levels. However, for the first mandate, this period shall be six years for half of the members. The Authority shall forward the results of its work in the field of data collection to the European Parliament, the Commission and the Member States. Directive as last amended by Directive 92/41/EEC) (OJ L 158, 11.6.1992, p. 30). 1. The staff of the Authority shall be subject to the rules and regulations applicable to officials and other staff of the European Communities.2. In order to achieve the general objective of a high level of protection of human health and life, food law shall be based on risk analysis except where this is not appropriate to the circumstances or the nature of the measure.2. The Authority may be requested by the Commission to provide scientific or technical assistance in any field within its mission. 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. The Executive Director shall approve all financial expenditure of the Authority and report on the Authority's activities to the Management Board.Article 27Advisory Forum1. The Commission shall be assisted by a Standing Committee on the Food Chain and Animal Health, hereinafter referred to as the "Committee", composed of representatives of the Member States and chaired by the representative of the Commission. It shall publish each year a report on the Authority's activities. For the purposes of paragraph 1, the Authority shall work in close cooperation with all organisations operating in the field of data collection, including those from applicant countries, third countries or international bodies.3. This information shall be made available to the competent authorities on demand.4. "stages of production, processing and distribution" means any stage, including import, from and including the primary production of a food, up to and including its storage, transport, sale or supply to the final consumer and, where relevant, the importation, production, manufacture, storage, transport, distribution, sale and supply of feed;17. Where international standards exist or their completion is imminent, they shall be taken into consideration in the development or adaptation of food law, except where such standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives of food law or where there is a scientific justification, or where they would result in a different level of protection from the one determined as appropriate in the Community.Article 6Risk analysis1. Where a feed which has been identified as not satisfying the feed safety requirement is part of a batch, lot or consignment of feed of the same class or description, it shall be presumed that all of the feed in that batch, lot or consignment is so affected, unless following a detailed assessment there is no evidence that the rest of the batch, lot or consignment fails to satisfy the feed safety requirement.4. It establishes the European Food Safety Authority. (14) For the same reason, it is necessary to consider other practices and agricultural inputs at the level of primary production and their potential effect on the overall safety of food. The early development of markets and fairs is an issue of central significance in economic history and historical geography. For the same reason the Committee on the Food Chain and Animal Health should also replace the Standing Committee on Plant Health in relation to its competence (for Directives 76/895/EEC(13), 86/362/EEC(14), 86/363/EEC(15), 90/642/EEC(16) and 91/414/EEC(17)) on plant protection products and the setting of maximum residue levels. The evaluation and the recommendations shall be made public.2. In this event, it shall immediately inform the other Member States and the Commission. In 2002, the European Parliament and the Council adopted Regulation (EC) No 178/2002 laying down the general principles and requirements of food law (General Food Law Regulation). (27) OJ L 147, 9.6.1975, p. 13. (10) OJ L 255, 18.10.1968, p. In determining whether any food is unfit for human consumption, regard shall be had to whether the food is unacceptable for human consumption according to its intended use, for reasons of contamination, whether by extraneous matter or otherwise, or through putrefaction, deterioration or decay.6. The latter shall be based on reciprocity and shall include confidentiality measures equivalent to those applicable in the Community.Article 51Implementing measuresThe measures for implementing Article 50 shall be adopted by the Commission, after discussion with the Authority, in accordance with the procedure referred to in Article 58(2). In other circumstances, food and feed can only be exported or re-exported if the importing country has expressly agreed. 9. The Community is a major global trader in food and feed and, in this context, it has entered into international trade agreements, it contributes to the development of international standards which underpin food law, and it supports the principles of free trade in safe feed and safe, wholesome food in a non-discriminatory manner, following fair and ethical trading practices. It may also examine any issue falling under those provisions, either at the initiative of the Chairman or at the written request of one of its members.Article 60Mediation procedure1. Before 1 January 2005, the Commission shall publish a report on the experience acquired from implementing Sections 1 and 2 of Chapter IV.3. Without prejudice to its role of ensuring the application of Community law, where the Commission identifies a situation involving a serious direct or indirect risk to human health deriving from food and feed, and the risk cannot be prevented, eliminated or reduced by existing provisions or cannot adequately be managed solely by way of the application of Articles 53 and 54, it shall immediately notify the Member States and the Authority.2. Such disparities are liable to create barriers to trade and distort competition between food business operators in different Member States. These procedures shall relate in particular to: (a) the number of times that a member can serve consecutively on a Scientific Committee or Scientific Panel; (b) the number of members in each Scientific Panel; (c) the procedure for reimbursing the expenses of members of the Scientific Committee and the Scientific Panels; (d) the manner in which tasks and requests for scientific opinions are assigned to the Scientific Committee and the Scientific Panels; (e) the creation and organisation of the working groups of the Scientific Committee and the Scientific Panels, and the possibility of external experts being included in those working groups; (f) the possibility of observers being invited to meetings of the Scientific Committee and the Scientific Panels; (g) the possibility of organising public hearings. "risk management" means the process, distinct from risk assessment, of weighing policy alternatives in consultation with interested parties, considering risk assessment and other legitimate factors, and, if need be, selecting appropriate prevention and control options;13. The Authority shall provide the technical and logistic support necessary for the Advisory Forum and provide the Secretariat for its meetings. For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 2. 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. The Member States, the Community agencies concerned and the Commission shall reply as a matter of urgency and forward any relevant information in their possession.3. 1. Control of commitment and payment of all expenditure and control of the existence and recovery of all the Authority's revenue shall be carried out by the Commission's financial controller.3. Food and feed business operators shall be able to identify any person from whom they have been supplied with a food, a feed, a food-producing animal, or any substance intended to be, or expected to be, incorporated into a food or feed.To this end, such operators shall have in place systems and procedures which allow for this information to be made available to the competent authorities on demand.3. 1. This Regulation shall apply to all stages of production, processing and distribution of food and feed. Existing food law principles and procedures shall be adapted as soon as possible and by 1 January 2007 at the latest in order to comply with Articles 5 to 10.4. (54) The independence of the Authority and its role in informing the public mean that it should be able to communicate autonomously in the fields falling within its competence, its purpose being to provide objective, reliable and easily understandable information. Regolamento (CE) n. 178/2002 del Parlamento europeo e del Consiglio, del 28 gennaio 2002, che stabilisce i principi e i requisiti generali della legislazione alimentare, istituisce l'Autorità europea per la sicurezza alimentare e fissa procedure nel campo della sicurezza alimentare. Turning this feature on will show extra navigation options to go to these specific points in time. (46) In order to guarantee independence, members of the Scientific Committee and Panels should be independent scientists recruited on the basis of an open application procedure. 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. Revenue and expenditure shall be in balance.5. (EC) No 178/2002 : Source: O.J. 4. (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. This document shall be made public. 1. 2. 1. 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.2. Representatives may be replaced by alternates, appointed at the same time. When the Authority is established, the following Scientific Panels shall be set up: (a) the Panel on food additives, flavourings, processing aids and materials in contact with food; (b) the Panel on additives and products or substances used in animal feed; (c) the Panel on plant health, plant protection products and their residues; (d) the Panel on genetically modified organisms; (e) the Panel on dietetic products, nutrition and allergies; (g) the Panel on contaminants in the food chain; (h) the Panel on animal health and welfare. Regulation (EC) No 178/2002 of the European Parliament and of the Council Show full title. (16) OJ L 350, 14.12.1990, p. 71. 5. 1. 32. 9. The Authority shall ensure appropriate cooperation with the competent bodies in the Member States and other interested parties with regard to public information campaigns. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage. 1). 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. The Authority shall ensure that the public and any interested parties are rapidly given objective, reliable and easily accessible information, in particular with regard to the results of its work. The terms of that request and the time limit within which the Authority is requested to give its opinion shall be established by mutual agreement between the Commission and the Authority, after consulting the two Member States concerned. The measures for implementing Article 50 shall be adopted by the Commission, after discussion with the Authority, in accordance with the procedure referred to in Article 58(2). (15) Networking of laboratories of excellence, at regional and/or interregional level, with the aim of ensuring continuous monitoring of food safety, could play an important role in the prevention of potential health risks for citizens. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 4. It may also examine any issue falling under those provisions, either at the initiative of the Chairman or at the written request of one of its members. 3. It establishes common principles and responsibilities, the means to provide a strong science base, efficient organisational arrangements and procedures to underpin decision-making in matters of food and feed safety.2. Regulation 178/2002 means Regulation (EC) No. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC and without prejudice to the requirements of Directives 80/778/EEC and 98/83/EC. (27) OJ L 147, 9.6.1975, p. 13. (44) The Authority should cooperate closely with competent bodies in the Member States if it is to operate effectively. Directive as last amended by Commission Directive 2000/57/EC (OJ L 244, 29.9.2000, p. 76). EC No L (Legislation), Edition 31, Year 2002, p.1: Adoption: 01/28/2002: Promulgation: 02/01/2002 II. (64) It is necessary that operators should have sufficient time to adapt to some of the requirements established by the present Regulation and that the European Food Safety Authority should commence its operations on 1 January 2002. (65) It is important to avoid confusion between the missions of the Authority and the European Agency for the Evaluation of Medicinal Products (EMEA) established by Council Regulation (EEC) No 2309/93(19). The Executive Director shall be appointed by the Management Board, on the basis of a list of candidates proposed by the Commission after an open competition, following publication in the Official Journal of the European Communities and elsewhere of a call for expressions of interest, for a period of five years which shall be renewable. Directive as last amended by Commission Directive 2001/57/EC. 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. Menu. 4. 7. 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.Article 15Feed safety requirements1. Ceea ce astăzi este Canalul Mânecii (English Channel) era atunci un fluviu ce curgea spre vest și era alimentat de afluenți care mai târziu au devenit Tamisa și Sena. As soon as possible, and at most within 10 working days, the measures taken shall be confirmed, amended, revoked or extended in accordance with the procedure referred to in Article 58(2), and the reasons for the Commission's decision shall be made public without delay. This document shall be made public. The Executive Director shall implement the Authority's budget.2. B 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) Amended by: Official Journal No page date M1 Regulation (EC) No 1642/2003 of the European … The authorities receiving information covered by professional secrecy shall ensure its protection in conformity with paragraph 1.SECTION 2EMERGENCIESArticle 53Emergency measures for food and feed of Community origin or imported from a third country1. In 2000, the European Commission issued a Communication on the Precautionary Principle.The objective of the Communication is to outline the Commission's approach to using the prec… Decisions 68/361/EEC, 69/414/EEC and 70/372/EEC are hereby repealed.Article 63Competence of the European Agency for the Evaluation of Medicinal ProductsThis Regulation shall be without prejudice to the competence conferred on the European Agency for the Evaluation of Medicinal Products by Regulation (EEC) No 2309/93, Regulation (EEC) No 2377/90, Council Directive 75/319/EEC(27) and Council Directive 81/851/EEC(28).Article 64Commencement of the Authority's operationThe Authority shall commence its operations on 1 January 2002.Article 65Entry into forceThis Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Articles 11 and 12 and Articles 14 to 20 shall apply from 1 January 2005.Articles 29, 56, 57 and 60 and Article 62(1) shall apply as from the date of appointment of the members of the Scientific Committee and of the Scientific Panels which shall be announced by means of a notice in the "C" series of the Official Journal.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 28 January 2002.For the European ParliamentThe PresidentP. The Management Board shall invite the Chair of the Scientific Committee to attend its meetings without voting rights. The members of the Scientific Committee who are not members of Scientific Panels and the members of the Scientific Panels shall be appointed by the Management Board, acting upon a proposal from the Executive Director, for a three-year term of office, which shall be renewable, following publication in the Official Journal of the European Communities, in relevant leading scientific publications and on the Authority's website of a call for expressions of interest.6. 1.This Regulation provides the basis for the assurance of a high level of protection of human health and consumers' interest in relation to food, taking into account in particular the diversity in the supply of food including traditional products, whilst ensuring the effective functioning of the internal market. (12) In order to ensure the safety of food, it is necessary to consider all aspects of the food production chain as a continuum from and including primary production and the production of animal feed up to and including sale or supply of food to the consumer because each element may have a potential impact on food safety. The list drawn up by the Commission, accompanied by the relevant documentation, shall be forwarded to the European Parliament. "Food" includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. The Authority's internal rules shall specify requirements in regard to format, explanatory background and publication of a scientific opinion.Article 30Diverging scientific opinions1. (19) It is recognised that scientific risk assessment alone cannot, in some cases, provide all the information on which a risk management decision should be based, and that other factors relevant to the matter under consideration should legitimately be taken into account including societal, economic, traditional, ethical and environmental factors and the feasibility of controls. The Authority, Commission and Member States shall cooperate to promote the effective coherence between risk assessment, risk management and risk communication functions.9. 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.

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