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. The Scientific Committee shall be responsible for the general coordination necessary to ensure the consistency of the scientific opinion procedure, in particular with regard to the adoption of working procedures and harmonisation of working methods. (38) In order to avoid duplicated scientific assessments and related scientific opinions on genetically modified organisms (GMOs), the Authority should also provide scientific opinions on products other than food and feed relating to GMOs as defined by Directive 2001/18/EC(7) and without prejudice to the procedures established therein. 3. MainSearch. Such tasks may include in particular assistance to the Commission for the establishment or evaluation of technical criteria and also assistance to the Commission in the development of technical guidelines. 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. Directive amended by Directive 2001/82/EC of the European Parliament and of the Council (OJ L 311, 28.11.2001, p. 1). The Advisory Forum shall advise the Executive Director in the performance of his duties under this Regulation, in particular in drawing up a proposal for the Authority's work programme. In order to achieve these objectives, the Authority shall develop and disseminate information material for the general public.3. "hazard" means a biological, chemical or physical agent in, or condition of, food or feed with the potential to cause an adverse health effect; 15. In these circumstances or, in the case of Article 15(3), where the batch, lot or consignment does not satisfy the feed safety requirement, that feed shall be destroyed, unless the competent authority is satisfied otherwise. In particular, it may acquire and dispose of movable and immovable property and institute legal proceedings.2. 1. (6) Water is ingested directly or indirectly like other foods, thereby contributing to the overall exposure of a consumer to ingested substances, including chemical and microbiological contaminants. This information shall be made available to the competent authorities on demand.4. Without prejudice to the applicable provisions of Community and national law on access to documents, where there are reasonable grounds to suspect that a food or feed may present a risk for human or animal health, then, depending on the nature, seriousness and extent of that risk, public authorities shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or feed, or type of food or feed, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk. Without prejudice to more specific provisions of food law, the labelling, advertising and presentation of food or feed, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, shall not mislead consumers. In good time, before the date referred to in paragraph 5, the Executive Director shall draw up an estimate of the Authority's revenue and expenditure for the coming financial year, and shall forward it to the Management Board, accompanied by a provisional list of posts. (24) It is necessary to ensure that food and feed exported or re-exported from the Community complies with Community law or the requirements set up by the importing country. The Executive Director shall take part in the meetings of the Management Board, without voting rights, and shall provide the Secretariat. (14) OJ L 221, 7.8.1986, p. 37. Unless otherwise provided, the Management Board shall act by a majority of its members. Before 1 January 2005, the Commission shall publish a report on the experience acquired from implementing Sections 1 and 2 of Chapter IV.3. (34) Pursuant to the general principles of food law, the Authority should take on the role of an independent scientific point of reference in risk assessment and in so doing should assist in ensuring the smooth functioning of the internal market. The Authority shall use all the information it receives in the performance of its mission to identify an emerging risk. Although this principle exists in some Member States and areas of food law, in other areas this is either not explicit or else responsibility is assumed by the competent authorities of the Member State through the control activities they carry out. Acting in accordance with the procedure laid down in Article 251 of the Treaty(4). 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. The traceability of food, feed, food-producing animals, and any other substance intended to be, or expected to be, incorporated into a food or feed shall be established at all stages of production, processing and distribution. The Authority shall lay down in its internal rules the practical arrangements for implementing the transparency rules referred to in paragraphs 1 and 2. We are food manufacturers (spirits) and we are facing with EU Regulation 178/2002 requirements. Food law shall aim at the protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods they consume. 20). 2. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage. 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, … 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 EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU. The aim of such networking is, in particular, to facilitate a scientific cooperation framework by the coordination of activities, the exchange of information, the development and implementation of joint projects, the exchange of expertise and best practices in the fields within the Authority's mission.2. 4. 2. 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). 4. (31) Similar requirements should apply to feed and feed business operators. 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.Article 21LiabilityThe provisions of this Chapter shall be without prejudice to Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products(25).CHAPTER IIIEUROPEAN FOOD SAFETY AUTHORITYSECTION 1MISSION AND TASKSArticle 22Mission of the Authority1. The Scientific Committee shall be responsible for the general coordination necessary to ensure the consistency of the scientific opinion procedure, in particular with regard to the adoption of working procedures and harmonisation of working methods. The members of the Board shall be appointed in such a way as to secure the highest standards of competence, a broad range of relevant expertise and, consistent with these, the broadest possible geographic distribution within the Union. 2. 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. 2. The Management Board shall adopt its rules of procedure.Unless otherwise provided, the Management Board shall act by a majority of its members.6. The General Food Law Regulation is the foundation of food and feed law. (26) Some Member States have adopted horizontal legislation on food safety imposing, in particular, a general obligation on economic operators to market only food that is safe. Where reference is made to this paragraph, the procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Articles 7 and 8 thereof. There should therefore be close cooperation between the Authority and the Member States for this purpose. However, it is necessary to ensure that even where there is agreement of the importing country, food injurious to health or unsafe feed is not exported or re-exported. 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… The Authority shall search for, collect, collate, analyse and summarise relevant scientific and technical data in the fields within its mission. "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 scientific advice and scientific and technical support for the Community's legislation and policies in all fields which have a direct or indirect impact on food and feed safety. (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. In all Member States it shall enjoy the widest powers granted by law to legal persons. "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. There shall be open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it. The Management Board shall adopt its rules of procedure. 8. 16). The Member States shall cooperate with the Authority to ensure the accomplishment of its mission.Article 23Tasks of the AuthorityThe tasks of the Authority shall be the following:(a) to provide the Community institutions and the Member States with the best possible scientific opinions in all cases provided for by Community legislation and on any question within its mission;(b) to promote and coordinate the development of uniform risk assessment methodologies in the fields falling within its mission;(c) to provide scientific and technical support to the Commission in the areas within its mission and, when so requested, in the interpretation and consideration of risk assessment opinions;(d) to commission scientific studies necessary for the accomplishment of its mission;(e) to search for, collect, collate, analyse and summarise scientific and technical data in the fields within its mission;(f) to undertake action to identify and characterise emerging risks, in the fields within its mission;(g) to establish a system of networks of organisations operating in the fields within its mission and be responsible for their operation;(h) to provide scientific and technical assistance, when requested to do so by the Commission, in the crisis management procedures implemented by the Commission with regard to the safety of food and feed;(i) to provide scientific and technical assistance, when requested to do so by the Commission, with a view to improving cooperation between the Community, applicant countries, international organisations and third countries, in the fields within its mission;(j) to ensure that the public and interested parties receive rapid, reliable, objective and comprehensible information in the fields within its mission;(k) to express independently its own conclusions and orientations on matters within its mission;(l) to undertake any other task assigned to it by the Commission within its mission.SECTION 2ORGANISATIONArticle 24Bodies of the AuthorityThe Authority shall comprise:(a) a Management Board;(b) an Executive Director and his staff;(c) an Advisory Forum;(d) a Scientific Committee and Scientific Panels.Article 25Management Board1. This Regulation shall be binding in its entirety and directly applicable in all Member States. 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. (22) Food safety and the protection of consumer's interests is of increasing concern to the general public, non-governmental organisations, professional associations, international trading partners and trade organisations. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. The Member State may maintain its national interim protective measures until the Community measures have been adopted. The principles laid down in Articles 5 to 10 shall form a general framework of a horizontal nature to be followed when measures are taken. A feed business operator responsible for retail or distribution activities which do not affect the packaging, labelling, safety or integrity of the feed shall, within the limits of its respective activities, initiate procedures to withdraw from the market products not in compliance with the feed-safety requirements and shall participate in contributing to the safety of food by passing on relevant information necessary to trace a feed, cooperating in the action taken by producers, processors, manufacturers and/or the competent authorities.3. The Executive Director shall take part in the meetings of the Management Board, without voting rights, and shall provide the Secretariat. Within 10 working days, the Commission shall put the matter before the Committee set up in Article 58(1) in accordance with the procedure provided for in Article 58(2) with a view to the extension, amendment or abrogation of the national interim protective measures. It is a comprehensive policy evaluation assessing whether the legislative framework introduced by the General Food Law Regulation for the entire food and feed sector is 'fit for purpose' and whether it captures and reflects policy trends of today. (59) A system for rapid alert already exists in the framework of Council Directive 92/59/EEC of 29 June 1992 on general product safety(8). The General Food Law Regulationestablishes that only safe food and feed can be placed on the Union market or fed to food-producing animals. (13) OJ L 340, 9.12.1976, p. 26. The Executive Director shall implement the Authority's budget.2. The Member States shall take the necessary measures to enable the data they collect in the fields referred to in paragraphs 1 and 2 to be transmitted to the Authority. 2. Without prejudice to their rights and obligations, the Community and the Member States shall: (a) contribute to the development of international technical standards for food and feed and sanitary and phytosanitary standards; (b) promote the coordination of work on food and feed standards undertaken by international governmental and non-governmental organisations; (c) contribute, where relevant and appropriate, to the development of agreements on recognition of the equivalence of specific food and feed-related measures; (d) give particular attention to the special development, financial and trade needs of developing countries, with a view to ensuring that international standards do not create unnecessary obstacles to exports from developing countries; (e) promote consistency between international technical standards and food law while ensuring that the high level of protection adopted in the Community is not reduced. Within one year following the entry into force of this Regulation, the Commission shall publish an inventory of Community systems existing in the fields within the mission of the Authority which make provision for Member States to carry out certain tasks in the field of scientific evaluation, in particular the examination of authorisation dossiers. The Advisory Forum shall advise the Executive Director in the performance of his duties under this Regulation, in particular in drawing up a proposal for the Authority's work programme. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. Members' term of office shall be four years, and may be renewed once. 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. It shall meet regularly at the invitation of the Chair or at the request of at least a third of its members, and not less than four times per year. There are outstanding changes not yet made to Regulation (EC) No 178/2002 of the European Parliament and of the Council. Conformity of a feed with specific provisions applicable to that feed shall not bar the competent authorities from taking appropriate measures to impose restrictions on it being placed on the market or to require its withdrawal from the market where there are reasons to suspect that, despite such conformity, the feed is unsafe. Directive amended by Directive 2001/82/EC of the European Parliament and of the Council (OJ L 311, 28.11.2001, p. 1). Members of the Advisory Forum may not be members of the Management Board. The Authority shall be open to the participation of countries which have concluded agreements with the European Community by virtue of which they have adopted and apply Community legislation in the field covered by this Regulation. Requests referred to in paragraph 1 shall be accompanied by background information explaining the scientific issue to be addressed and the Community interest. (5) OJ L 229, 30.8.1980, p. 11. "food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food;3. Règlement (CE) n° 178/2002 du Parlement européen et du Conseil du 28 janvier 2002 établissant les principes généraux et les prescriptions générales de la législation alimentaire, instituant l'Autorité européenne de sécurité des aliments et fixant des procédures relatives à la sécurité des denrées alimentaires. (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 Authority shall issue a scientific opinion:(a) at the request of the Commission, in respect of any matter within its mission, and in all cases where Community legislation makes provision for the Authority to be consulted;(b) on its own initiative, on matters falling within its mission.The European Parliament or a Member State may request the Authority to issue a scientific opinion on matters falling within its mission.2. In good time, before the date referred to in paragraph 5, the Executive Director shall draw up an estimate of the Authority's revenue and expenditure for the coming financial year, and shall forward it to the Management Board, accompanied by a provisional list of posts.4. In other circumstances, food and feed can only be exported or re-exported if the importing country has expressly agreed. 1. 3. (24) OJ L 359, 8.12.1989, p. 1. 4. 7. The Community should have access to high-quality, independent and efficient scientific and technical support. The Authority shall ensure that it carries out its activities with a high level of transparency. The Executive Director shall be the legal representative of the Authority and shall be responsible for:(a) the day-to-day administration of the Authority;(b) drawing up a proposal for the Authority's work programmes in consultation with the Commission;(c) implementing the work programmes and the decisions adopted by the Management Board;(d) ensuring the provision of appropriate scientific, technical and administrative support for the Scientific Committee and the Scientific Panels;(e) ensuring that the Authority carries out its tasks in accordance with the requirements of its users, in particular with regard to the adequacy of the services provided and the time taken;(f) the preparation of the statement of revenue and expenditure and the execution of the budget of the Authority;(g) all staff matters;(h) developing and maintaining contact with the European Parliament, and for ensuring a regular dialogue with its relevant committees.3. The Authority's internal rules shall specify requirements in regard to format, explanatory background and publication of a scientific opinion. The procedures for the operation and cooperation of the Scientific Committee and the Scientific Panels shall be laid down in the Authority's internal rules.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.SECTION 3OPERATIONArticle 29Scientific opinions1. 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. (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. Representatives of the Commission's departments may participate in the work of the Advisory Forum. (44) The Authority should cooperate closely with competent bodies in the Member States if it is to operate effectively. 2. 1. 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. The Authority shall provide scientific opinions which will serve as the scientific basis for the drafting and adoption of Community measures in the fields falling within its mission.7. The principles laid down in Articles 5 to 10 shall form a general framework of a horizontal nature to be followed when measures are taken.3. Some of these tasks may be eligible for financial support. The Authority shall promote the European networking of organisations operating in the fields within the Authority's mission. The Authority shall have legal personality. Where it is evident that food or feed originating in the Community or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned, the Commission, acting in accordance with the procedure provided for in Article 58(2) on its own initiative or at the request of a Member State, shall immediately adopt one or more of the following measures, depending on the gravity of the situation:(a) in the case of food or feed of Community origin:(i) suspension of the placing on the market or use of the food in question;(ii) suspension of the placing on the market or use of the feed in question;(iii) laying down special conditions for the food or feed in question;(iv) any other appropriate interim measure;(b) in the case of food or feed imported from a third country:(i) suspension of imports of the food or feed in question from all or part of the third country concerned and, where applicable, from the third country of transit;(ii) laying down special conditions for the food or feed in question from all or part of the third country concerned;(iii) any other appropriate interim measure.2. 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. Such a comprehensive approach to emergency food safety measures should allow effective action to be taken and avoid artificial disparities in the treatment of a serious risk in relation to food or feed. 1. Every reference in Community legislation to the Standing Committee on Foodstuffs, the Standing Committee for Feedingstuffs and the Standing Veterinary Committee shall be replaced by a reference to the Standing Committee on the Food Chain and Animal Health. 1. (20) OJ L 224, 18.8.1990, p. 1. (27) OJ L 147, 9.6.1975, p. 13. 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. Protection of professional secrecy shall not prevent the dissemination to the competent authorities of information relevant to the effectiveness of market surveillance and enforcement activities in the field of food and feed. The Authority may supplement the notification with any scientific or technical information, which will facilitate rapid, appropriate risk management action by the Member States. 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. 2. "final consumer" means the ultimate consumer of a foodstuff who will not use the food as part of any food business operation or activity.CHAPTER IIGENERAL FOOD LAWArticle 4Scope1. (29) It is necessary to ensure that a food or feed business including an importer can identify at least the business from which the food, feed, animal or substance that may be incorporated into a food or feed has been supplied, to ensure that on investigation, traceability can be assured at all stages. (7) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 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. This Regulation shall apply to all stages of production, processing and distribution of food and feed. This should be facilitated by a rotation of the different countries of origin of the members of the Management Board without any post being reserved for nationals of any specific Member State.