Having regard to the proposal from the Commission(1). The Member States shall immediately inform the Commission of the action implemented or measures taken following receipt of the notifications and supplementary information transmitted under the rapid alert system. Food law shall aim to achieve the free movement in the Community of food and feed manufactured or marketed according to the general principles and requirements in this Chapter.3. The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document. Member States shall enforce food law, and monitor and verify that the relevant requirements of food law are fulfilled by food and feed business operators at all stages of production, processing and distribution.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.Member States shall also lay down the rules on measures and penalties applicable to infringements of food and feed law. Emergency measures for food and feed of Community origin or imported from a third country. 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. 2. A European Food Safety Authority, hereinafter referred to as the "Authority", is hereby established.2. By 31 March each year at the latest, the Executive Director shall forward to the Commission, the Management Board and the Court of Auditors the detailed accounts for all the revenue and expenditure in respect of the previous financial year. "feed" (or "feedingstuff") means any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;5. 2. search. Death and burial records include tombstone inscriptions, burial permits, death indexes and death certificates. B NAŘÍZENÍ EVROPSKÉHO PARLAMENTU A RADY (ES) č. Indicates the geographical area that this provision applies to. (8) The Community has chosen a high level of health protection as appropriate in the development of food law, which it applies in a non-discriminatory manner whether food or feed is traded on the internal market or internationally. Available languages and formats. The Authority shall lay down in its internal rules the practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2. 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. "risk assessment" means a scientifically based process consisting of four steps: hazard identification, hazard characterisation, exposure assessment and risk characterisation;12. (47) The Authority's role as an independent scientific point of reference means that a scientific opinion may be requested not only by the Commission, but also by the European Parliament and the Member States. The Commission shall immediately transmit to members of the network the notification and supplementary information received under the first and second subparagraphs. 3. 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. (3) Opinion delivered on 14 June 2001 (not yet published in the Official Journal). Use this menu to access essential accompanying documents and information for this legislation item. Food or feed which is placed on the market or is likely to be placed on the market in the Community shall be adequately labelled or identified to facilitate its traceability, through relevant documentation or information in accordance with the relevant requirements of more specific provisions. 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. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage.3. Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which these countries will participate in the Authority's work, including provisions relating to participation in the networks operated by the Authority, inclusion in the list of competent organisations to which certain tasks may be entrusted by the Authority, financial contributions and staff. Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (Text with EEA relevance) CHAPTER I SCOPE AND DEFINITIONS Article 1 Subject matter and scope 1. This Regulation shall apply to all stages of production, processing and distribution of food and feed. 1. The revenues of the Authority shall consist of a contribution from the Community and, from any State with which the Community has concluded the agreements referred to in Article 49, and charges for publications, conferences, training and any other similar activities provided by the Authority. (13) Experience has shown that for this reason it is necessary to consider the production, manufacture, transport and distribution of feed given to food-producing animals, including the production of animals which may be used as feed on fish farms, since the inadvertent or deliberate contamination of feed, and adulteration or fraudulent or other bad practices in relation to it, may give rise to a direct or indirect impact on food safety. (3) The free movement of food and feed within the Community can be achieved only if food and feed safety requirements do not differ significantly from Member State to Member State. (6) OJ L 330, 5.12.1998, p. 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. As soon as possible and within three months of such communication, the European Parliament may make its views available for consideration by the Council, which will then appoint the Management Board. The scope of the existing system includes food and industrial products but not feed. It shall forward them without delay to the Commission and the budgetary authority. The system should not cover the Community arrangements for the early exchange of information in the event of a radiological emergency as defined in Council Decision 87/600/Euratom(9). By 31 March each year at the latest, the Executive Director shall forward to the Commission, the Management Board and the Court of Auditors the detailed accounts for all the revenue and expenditure in respect of the previous financial year.The Court of Auditors shall examine the accounts in accordance with Article 248 of the Treaty. REGULAMENTUL (CE) NR. 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.4. There should therefore be close cooperation between the Authority and the Member States for this purpose. Where the Authority has already delivered a scientific opinion on the specific topic in a request, it may refuse the request if it concludes there are no new scientific elements justifying the re-examination. Food law shall aim to achieve the free movement in the Community of food and feed manufactured or marketed according to the general principles and requirements in this Chapter. 1. Such studies shall be commissioned in an open and transparent fashion. (18) OJ L 184, 17.7.1999, p. The European Parliament, acting on a recommendation from the Council, shall give a discharge to the Authority's Executive Director in respect of the implementation of the budget.Article 45Fees received by the AuthorityWithin three years following the date of entry into force of this Regulation and after consulting the Authority, the Member States and the interested parties, the Commission shall publish a report on the feasibility and advisability of presenting a legislative proposal under the co-decision procedure and in accordance with the Treaty and for other services provided by the Authority.SECTION 6GENERAL PROVISIONSArticle 46Legal personality and privileges1. 2. (25) It is necessary to establish the general principles upon which food and feed may be traded and the objectives and principles for the contribution of the Community to developing international standards and trade agreements. Publications Office of the European Union. The Management Board shall invite the Chair of the Scientific Committee to attend its meetings without voting rights. Those rules shall specify, in particular, the criteria for inclusion of an institute on the list of competent organisations designated by the Member States, arrangements for setting out harmonised quality requirements and the financial rules governing any financial support. 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. (b) live animals unless they are prepared for placing on the market for human consumption; (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; 1. 1. Eu Regulation 178/2002 - posted in Food Safety Talk: Hi Saferpakers, I think most of you are packaging manufacturers. More information is available about EU Legislation and UK Law. The Scientific Panels shall be composed of independent scientific experts. We are food manufacturers (spirits) and we are facing with EU Regulation 178/2002 requirements. 6. 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. 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. Risk management shall take into account the results of risk assessment, and in particular, the opinions of the Authority referred to in Article 22, other factors legitimate to the matter under consideration and the precautionary principle where the conditions laid down in Article 7(1) are relevant, in order to achieve the general objectives of food law established in Article 5. 3. After the adoption of the general budget of the European Union by the budgetary authority, the Management Board shall adopt the Authority's final budget and work programme, adjusting them where necessary to the Community's contribution. 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. 178/2002 ze dne 28. ledna 2002, kterým se stanoví obecné zásady a požadavky potravinového práva, zřizuje se Evropský úřad pro bezpečnost potravin a stanoví postupy týkající se bezpečnosti potravin (Úř. (10) OJ L 255, 18.10.1968, p. 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. Having regard to the opinion of the Economic and Social Committee(2). The operator shall effectively and accurately inform users of the feed of the reason for its withdrawal, and if necessary, recall from them products already supplied when other measures are not sufficient to achieve a high level of health protection.2. (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. This document shall be made public. Where different requests are made on the same issues or where the request is not in accordance with paragraph 2, or is unclear, the Authority may either refuse, or propose amendments to a request for an opinion in consultation with the institution or Member State(s) that made the request. Cooperation and appropriate exchange of information should also minimise the potential for diverging scientific opinions. The web archive also captured associated case law and other language formats from EUR-Lex. The Committee shall be organised in sections to deal with all relevant matters.2. 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.6. Risk assessment shall be based on the available scientific evidence and undertaken in an independent, objective and transparent manner. 1. (47) The Authority's role as an independent scientific point of reference means that a scientific opinion may be requested not only by the Commission, but also by the European Parliament and the Member States. The notification shall be accompanied by a detailed explanation of the reasons for the action taken by the competent authorities of the Member State in which the notification was issued. (27) OJ L 147, 9.6.1975, p. 13. In accordance with the principle of proportionality as set out in Article 5 of the Treaty, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued,HAVE ADOPTED THIS REGULATION:CHAPTER ISCOPE AND DEFINITIONSArticle 1Aim and scope1. It shall analyse the content of such messages with a view to providing the Commission and the Member States with any information required for the purposes of risk analysis.Article 36Networking of organisations operating in the fields within the Authority's mission1. 2. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. 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. (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. Competence of the European Agency for the Evaluation of Medicinal Products. The Authority shall provide the technical and logistic support necessary for the Advisory Forum and provide the Secretariat for its meetings.7. 247. 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. The Management Board, having received the Commission's approval and the opinion of the Court of Auditors, shall adopt the Authority's financial regulation which specifies in particular the procedure for drawing up and implementing the Authority's budget, in accordance with Article 142 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(26) and with the legislative requirements concerning investigations conducted by the European Anti-Fraud Office. The Executive Director may invite representatives of the European Parliament and from other relevant bodies to take part. 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. (19) OJ L 214, 24.8.1993, p. 1. 23. (31) Similar requirements should apply to feed and feed business operators. It is however necessary to provide for sufficient time for the adaptation of any conflicting provisions in existing legislation, both at national and Community level, and to provide that, pending such adaptation, the relevant legislation be applied in the light of the principles set out in the present Regulation. In such cases, it shall draw on the expertise of those working groups when establishing scientific opinions. The Management Board of the Authority shall examine the conclusions of the evaluation and issue to the Commission such recommendations as may be necessary regarding changes in the Authority and its working practices. 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.3. Food and feed exported or re-exported from the Community for placing on the market of a third country shall comply with the relevant requirements of food law, unless otherwise requested by the authorities of the importing country or established by the laws, regulations, standards, codes of practice and other legal and administrative procedures as may be in force in the importing country. The reports and recommendations referred to in paragraphs 1 and 2 shall be forwarded to the Council and the European Parliament.Article 62References to the European Food Safety Authority and to the Standing Committee on the Food Chain and Animal Health1. 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. In this event, it shall immediately inform the other Member States and the Commission. (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 Authority shall promote the European networking of organisations operating in the fields within the Authority's mission. DisplayLogo . In the case of non-contractual liability, the Authority shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties. Regulation (EC) No 178/2002 of the European Parliament and of the Council Show full title. Versions and Legislative History 1. The Commission shall set up a crisis unit immediately, in which the Authority shall participate, and provide scientific and technical assistance if necessary.Article 57Tasks of the crisis unit1. Feed shall not be placed on the market or fed to any food-producing animal if it is unsafe.2. 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.4. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. In determining whether any food is unsafe, regard shall be had:(a) to the normal conditions of use of the food by the consumer and at each stage of production, processing and distribution, and(b) to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods.4. (2) OJ C 155, 29.5.2001, p. 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; (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. 4. CoxFor the CouncilThe PresidentJ. 5. (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. It is therefore necessary to establish a comprehensive system of traceability within food and feed businesses so that targeted and accurate withdrawals can be undertaken or information given to consumers or control officials, thereby avoiding the potential for unnecessary wider disruption in the event of food safety problems.