AD\437982EN.doc PE 286.418

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EUROPEAN PARLIAMENT1999 �

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Committee on Agriculture and Rural Development

2000/0286(COD)

2 May 2001

OPINIONof the Committee on Agriculture and Rural Development

for the Committee on the Environment, Public Health and Consumer Policy

on the proposal for a regulation of the European Parliament and of the Council onlaying down the general principles and requirements of food law, establishing theEuropean Food Authority, and laying down procedures in matters of food(COM(2000) 716 – C5-0655/2000 – 2000/0286((COD)))

Draftsman: Mikko Pesälä

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PROCEDURE

The Committee on Agriculture and Rural Development appointed Mikko Pesälä draftsman at itsmeeting of 24 January 2001.

It considered the draft opinion at its meetings of 27 February 2001, 20 March 2001 and 24 April2001.

At the latter meeting it adopted the following amendments unanimously.

The following were present for the vote: Friedrich-Wilhelm Graefe zu Baringdorf; chairman;Joseph Daul, vice-chairman, Vincenzo Lavarra, vice-chairman, Lutz Goepel, (for RobertWilliam Sturdy), draftsman; Gordon J. Adam, Danielle Auroi, Alexandros Baltas (for BernardPoignant), António Campos, Giorgio Celli, Michl Ebner, Jonathan Evans (for Elisabeth Jeggle),Anne Ferreira (for Michel J.M. Dary), Christel Fiebiger, Georges Garot, Lutz Goepel, WilliGörlach, María Izquierdo Rojo, Hedwig Keppelhoff-Wiechert, Heinz Kindermann, DimitriosKoulourianos, Albert Jan Maat, Xaver Mayer, Jan Mulder (for Giovanni Procacci), JamesNicholson (for Francesco Fiori), Neil Parish, Ioannis Patakis (for Salvador Jové Peres), MikkoPesälä, Agnes Schierhuber, Struan Stevenson.

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SHORT JUSTIFICATION

1. The Commission proposal

The Commission proposal for a regulation (COM (2000) 716) forms part of the programme ofmeasures provided for in the White Paper on Food Safety. The purpose of the proposal is to laydown clear and consistent rules on food safety to ensure that only safe food reaches the market,to establish effective procedures for dealing with any problems, and to render the internal marketin food effective. The proposal states general principles underlying food legislation andgoverning food safety, and also assigns duties and responsibilities to economic operators and theauthorities.

Primary responsibility for the safety of food and feed rests with businesses. The proposal laysdown requirements concerning traceability of food, feed and their ingredients and removal ofunsafe foods and feeds from the market.

In order to bolster the current scientific advisory system, it is proposed that an independentEuropean Food Authority be set up. It would be expected to possess a high level of scientificexpertise and to meet the highest standards with regard to independence, transparency andeffectiveness. Its remit would cover all scientific issues directly or indirectly relating to thesafety of the food chain. It would also carry out tasks relating to risk communication.

The Commission proposes that the rapid alert system for passing on notifications about foodshould be extended to apply uniformly both to food and to feed. The European Food Authority(EFA) would be responsible for the day-to-day operation of the system. In cooperation with theEFA and, if necessary, with the Member States, the Commission would draw up a general planfor crisis management. In the event of a crisis, the Commission would set up a crisis unit. TheEFA would be involved in the unit and would provide it with scientific and technical assistanceif necessary.

2. Assessment of the Commission proposal

The Commission’s proposals concerning the development of food legislation and food safety arepositive. The scope of the regulation will be broad, covering the whole food chain.

In order to ensure food safety, the whole food chain must be flawless and its supervisioncomprehensive, and food must be traceable through all stages of the chain, from ‘farm to table’.The general safety standard must be as uniform as possible for food, feed and other productioninputs which are critical from the point of view of safety.

It is important to stress the implementation of food safety regulations in this connection. Withthe aid of the new legislation it should be possible effectively to prevent violations of theprovisions even in advance. To this end, clear rules are required concerning how theimplementation of food legislation is to be monitored, and violations tackled, at EU level.

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The existing food chain is complex. At the original production stage, for example, there aremany different approaches, and farmers operate under very disparate natural conditions. Asimilar diversity characterises operations in other parts of the chain: for example, some usetraditional production methods while others employ new technology. In addition to the generalobjectives regarding safety and monitoring which are stated in the proposal, there will continueto be a need for separate laws governing such aspects as hygiene, GMO products, feed,fertilisers, reproduction material and plant protection products. In adopting legislation, an effortshould be made to adopt uniform definitions of concepts in the field of safety and to avoidunnecessary overlapping.

The proposal to set up a European Food Authority deserves support. As technical change is rapidin the food and feed industry, the Community requires up-to-date legislation and must act swiftlyin a crisis. Decision-making should be based on a high level of scientific expertise and on theprecautionary principle where scientific uncertainties exist. Cooperation with those at nationallevel should be stressed.

Extending the rapid alert system to cover the whole food chain is a good idea.

3. Amendments

- The committee insists that unclear concepts should be clarified or deleted and that the proposalshould be more clearly linked to other items of legislation concerning the food chain.

- The scope of the regulation should be defined so as to include imports and exports.- The regulation’s objectives should also include animal health and welfare and environmental

protection.- The committee wishes all food products, including feed, fertilisers and other materials used in

agriculture to be covered by the safety provisions.- In order to achieve the best possible coordination between the EU and Member States, it is vital

that the Advisory Forum consisting of representatives of the Member States should participate,inter alia, in the drafting of programmes of work and monitoring of food safety, including thecommunication of information. The opinion contains several amendments intended to enablethe Advisory Forum to participate more effectively.

- The Committee on Agriculture is not adopting any position on institutional questions, except tocall for the Management Board of the Food Authority to include representatives of all the mainsectors involved in the food production chain, including farmers.

- It is proposed to insert in the article on Scientific Panels the possibility of setting up an ad hocworking party which could, if necessary, perform a limited remit quickly.

- The committee calls for unclear expressions to be deleted from the articles concerningtransparency and public consultation.

- The committee considers it necessary to provide adequate resources for the Food Authoritywhich is to be set up. It should be possible to review the need for resources after a few years,once the Authority has started its work.

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AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on theEnvironment, Public Health and Consumer Policy, as the committee responsible, to incorporatethe following amendments in its report:

Text proposed by the Commission1 Amendments by Parliament

Amendment 1Recital 3

(3) The free movement of food within theCommunity can be achieved only iffood safety requirements do not differsignificantly from Member State to MemberState.

(3) The free movement of food within theCommunity can be achieved only iffood safety requirements do not differsignificantly from Member State to MemberState. These requirements should alsoapply to food and feed imported from thirdcountries.

Justification

In the interests of consumer protection, the same standards must be imposed on imported goodsas apply to food and feed produced in the EU.

Amendment 2Recital 11

(11) In order to ensure the safety of food, itis necessary to consider all aspects of thefood production chain as a continuumbecause each element may have a potentialimpact on food safety.

(11) In order to ensure the safety of food, itis necessary to consider all aspects of thefood production chain as a continuum, fromthe inputs used in agriculture, through thefeeding of animals to the sale of foodstuffsto individuals and the catering industry,because each element may have a potentialimpact on food safety.

1 OJ C 96, 27.03.2001 Page 247

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Justification

The Food Authority must be able to monitor the entire food chain.

Amendment 3Recital 12

(12) Experience has shown that for thisreason it is necessary to consider theproduction, manufacture and distribution offeed given to food-producing animals, sincethe inadvertent or deliberate contaminationof feed, and adulteration or fraudulent orother bad practices in relation to it, may giverise to a direct or indirect impact onfood safety.

(12) Experience has shown that for thisreason it is necessary to consider theproduction, manufacture and distribution offeed given to food-producing animals, sincethe inadvertent or deliberate contaminationof feed, and adulteration or fraudulent orother bad practices in relation to it, may giverise to a direct or indirect impact onfood safety. However, any arrangementsdrawn up should not apply to thoseholdings which produce their own feed.

Justification

Different arrangements must apply to small and large businesses, since otherwise smallbusinesses would be placed at a competitive disadvantage. Different arrangements forbusinesses which produce feed for their own use would seem to be justified.

Amendment 4Recital 18

(18) The precautionary principle has beeninvoked to ensure health protection in theCommunity, thereby giving rise to barriersto the free movement of food. By adopting auniform basis throughout the Community,the possibility of an improper use of thisprinciple is diminished.

(18) The precautionary principle has beeninvoked to ensure health protection in theCommunity, thereby giving rise to barriersto the free movement of food. By adopting auniform basis throughout the Community,the possibility of an improper use of thisprinciple is diminished. In the interests ofconsumer protection, the precautionaryprinciple must also apply to food and feedimported from third countries.

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Justification

Measures taken on the basis of the precautionary principle must apply both to goods produced inthe EU and food and feed imported from third countries, in order to ensure compliance withEuropean standards. In this way, distortions of competition can be prevented.

Amendment 5Recital 42

(42) It is necessary to build up a relationshipof confidence and transparency with thegeneral public, and therefore theManagement Board should include fourrepresentatives of consumers and industry.

(42) It is necessary to build up a relationshipof confidence and transparency with thegeneral public, and therefore theManagement Board should include fourrepresentatives of consumers and industryand the agricultural world.

Justification

All those involved must be consulted.

Amendment 6Article 1(1)

1. This Regulation provides the basis forthe assurance of a high level of protectionof human life and health and consumers’interest in relation to food, whilst ensuringthe effective functioning of the internalmarket. It establishes common principles,definitions and responsibilities, a strongscience base, efficient organisationalarrangements and procedures to underpindecision-making in matters of food safety.

1. This Regulation provides the basis forthe assurance of a high level of protectionof human health and consumers’ interest inrelation to food, whilst ensuring theeffective functioning of the internal marketgeared to the quality and diversity of foodsupply, without, however, penalisingtypical and traditional products. Itestablishes common principles, definitionsand responsibilities, a strong science base,efficient organisational arrangements andprocedures to underpin decision-making inmatters of food safety.

(Corresponding amendments should bemade throughout the proposal. If theamendment is adopted, this will result intechnical amendments to the whole text.)

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Justification

‘Protection of life’ is unclear as a term and is already covered by the concept of ‘protection ofhealth’. In addition, the amendment makes clear that the effective functioning of the internalmarket and the development of a European food supply model based on quality, diversity andfood safety must be guaranteed at the same time, without, however, penalising typical andtraditional products, as is often the case

Amendment 7Article 1(3)

3. This Regulation shall apply to all stagesof production and distribution of food andfeed. It shall not apply to primary productionfor private domestic use or to the domesticpreparation, handling or storage of food fordomestic consumption.

3. This Regulation shall apply to all stagesof production and distribution of food andfeed, whether produced within the EU orimported. It shall not apply to primaryproduction for private domestic use or to thedomestic preparation, handling or storage offood for domestic consumption.

Justification

In the interests of consumer protection, the same standards must be imposed on imported goodsas apply to food and feed produced in the EU.

Amendment 8

3a. This Regulation shall apply to aspectsof animal health and welfare which fallwithin the scope of paragraphs 1 and 2.

Justification

The scope of the regulation should be defined more precisely as regards issues of animal healthand welfare.

Amendment 9Article 3 (4)

4. ‘feed’ or ‘feedingstuff’ means productsof vegetable or animal origin in theirnatural state, fresh or preserved, andproducts derived from industrialpreparation thereof, intended for oral

4. ‘feed product’ means products ofvegetable or animal origin in their naturalstate, fresh or preserved, and productsderived from industrial preparation thereof,for use in feeding animals;

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feeding to food-producing animals;(Corresponding amendments should bemade throughout the proposal. If theamendment is adopted, this will result intechnical amendments to the whole text.)

Justification

‘Feed products’ also include feed additives which are not feed.

Amendment 10Article 3(5)

5. ‘feed business’ means any undertakingwhether for profit or not and whetherpublic or private, carrying out anyoperation of production, manufacture,processing, storage or distribution of feedincluding any agriculturalproducer producing, processing or storingfeed for feeding to food animals on hisown holding;

5. ‘feed business’ means any undertakingwhether for profit or not and whetherpublic or private, carrying out anyoperation of production, manufacture,processing, storage or distribution of feedincluding any agricultural producer orother operator of a unit where animalsare farmed for food, including fishfarmers, producing, processing or storingfeed for feeding to food animals on hisown holding;

Justification

Feed businesses must include fish farmers who produce, process or store feed for feeding to foodanimals.

Amendment 11Article 3(8)

8. ‘placing on the market’ means theholding of food or feed for the purpose ofsale, including offering for sale or anyother form of transfer, whether free ofcharge or not, to third parties, and the saleand other forms of transfer themselves;

8. ‘placing on the market’ means theplacing in circulation or holding of foodor feed for the purpose of sale, includingoffering for sale or any other form oftransfer, whether free of charge or not, tothird parties, and the sale and other formsof transfer themselves;

Justification

Renders the proposal more precise.

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Amendment 12Article 3(9)

9. ‘official control’ means any inspection,verification audit, sampling, laboratoryexamination or analysis or other means ofperforming controls by the competentauthority of the Member States or theiragents or by the services of theCommission with a view to ensuringcompliance with food law and to protectinghuman health and consumer interests;

9. ‘official control’ means any inspection,verification audit, sampling, laboratoryexamination or analysis or other means ofperforming controls by the competentauthority of the Member States or theiragents or by the services of theCommission with a view to ensuringcompliance with food law and to protectinghuman and animal health and consumerinterests;

Justification

Official control should also extend to the protection of animal health.

Amendment 13Article 3(17)

(17) ‘all stages of production anddistribution’ means all stages from andincluding the primary production of a food,up to and including its sale or supply to thefinal consumer and, where relevant to foodsafety, the production, manufacture anddistribution of feed;

(17) ‘all stages of production anddistribution’ means all stages from andincluding the primary production of a foodand the inputs, up to and including its saleor supply to the final consumer and, whererelevant to food safety, the production,manufacture and distribution of feed;

Justification

The Food Authority must be able to monitor the entire food chain.

Amendment 14Article 3(19)

19. ‘primary production’ means theproduction, rearing or growing of primaryproducts up to and including harvesting,milking and farmed animal productionprior to slaughter. It also includes huntingand fishing.

19. ‘primary production’ means theproduction, rearing or growing of primaryproducts up to and including harvesting,milking and farmed animal productionprior to slaughter. It also includes huntingand fishing and gathering of naturalproducts.

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Justification

Primary production should also include gathering of natural products (mushrooms, berries).

Amendment 15Article 3(19a) (new)

(19a) ‘consumer’ means any person whoconsumes, or intends to consume, an itemof food. ‘Consumer’ shall also mean anyperson who, for example on the basis of anemployment relationship, as a pupil of aschool or educational establishment, as acustomer or as a recipient of food aid,receives an item of food.

Justification

The term ‘consumer’ should be defined in the proposal.

Amendment 16Article 4, first paragraph

Scope

This Chapter shall relate to all stages of theproduction and distribution of food and tofeed produced for, or fed to, food-producing animals.

Scope

This Chapter shall relate to all stages of theproduction and distribution of food and tofeed produced for, or fed to, food-producing animals and importation andexportation of foods and feed products.

Justification

The scope of the proposal should be defined more clearly and should include importation andexportation of foods and feed products.

Amendment 17Article 5(1a) (new)

1a. Food law constitutes an instrumentwhich will enable the Community todevelop the European food supply modelfounded on the principles of quality,diversity and safety.

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Justification

The development of a European food supply model founded on the principles of quality, diversityand safety is in the interests of both consumers and producers. Future food law should be one ofthe instruments which enables the Community to achieve that objective.

Amendment 18Article 7(2a) (new)

2a. Measures taken pursuant to paragraph1 and which comply with the criteria laiddown in paragraph 2 shall also apply toimports from third countries.

Justification

If they are to be consistent, measures taken on the basis of the precautionary principle mustapply both to food and feed produced in the EU and to imports. This will ensure compliance withEuropean standards and prevent distortions of competition.

Amendment 19Article 12(8)

8. Where there are no specific Communityprovisions, food shall be deemed to be safewhen it conforms to the specific provisionsof national food law of the Member Statein whose territory the food is in circulation,such provisions being drawn up andapplied without prejudice to the Treaty,and in particular Articles 28 and 30thereof.

8. Where there are no specific Communityprovisions, food shall be deemed to be safewhen it conforms to the specific provisionsof national food law of the Member Statein whose territory the food is in circulation,such provisions being drawn up andapplied without prejudice to the Treaty,and in particular Articles 28 and 30thereof. Where food proves to pose a riskdespite compliance with Community andnational provisions, the principle referredto in paragraph 1 shall apply.

Justification

The proposal should provide for a procedure to be followed if food proves to pose a risk despitecompliance with Community and national provisions

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Amendment 20Article 13(3)

3. Where a feed which has been identified asnot satisfying the feed safety requirement ispart of a batch, lot or consignment of feed ofthe same class or description, it shall bepresumed that all of the feed in that batch,lot or consignment is so affected, unlessfollowing a detailed assessment there is noevidence that the rest of the batch, lot orconsignment fails to satisfy the feed safetyrequirement.

3. Where a feed which has been identified asnot satisfying the feed safety requirement ispart of a batch, lot or consignment of feed ofthe same class or description, it shall bepresumed that all of the feed in that batch,lot or consignment is so affected, unlessfollowing a detailed assessment there is noevidence that the rest of the batch, lot orconsignment fails to satisfy the feed safetyrequirement. That batch, lot or consignmentshall automatically be destroyed

Justification

Application of the precautionary principle.

Amendment 21 Article 14(2), first subparagraph

2. A food business operator shallimmediately inform the competentauthorities if he considers or suspects that afood which it has placed on the marketmay be potentially injurious to humanhealth. The operators shall inform thecompetent authorities of the action taken toprevent risks to the final consumer.

Does not affect English version.

JustificationSelf-explanatory.

Amendment 22 Article 14(3)

3. Food business operators shallcollaborate with the competent authoritiesaccording to the requests of the latter, onaction taken to avoid risks posed by a foodwhich they supply or have supplied.

3. Food business operators shallcollaborate with the competent authoritiesaccording to the requests of the latter, onaction taken to avoid or reduce risks posedby a food which they supply or havesupplied.

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Justification

The proposal should make it clear that businesses are primarily responsible for food safety.

Amendment 23Article 14(5a) (new)

(5a) Subject to the extent of theirrespective activities, food sector operatorswho have imported, produced, processed,manufactured or distributed foodstuffswhich do not comply with the relevant foodlaw provisions and endanger food safetymay be held responsible for the directshort-, medium- and long-termconsequences for consumer health.

Justification

Responsibility for food safety must be borne by producers, at every stage of agri-foodstuffproduction.

Amendment 24Article 15(5a) (new)

(5a) Subject to the extent of their respectiveactivities, operators in the animal feedsector who have imported, produced,processed, manufactured or distributedanimal feed which does not comply with therequirements laid down concerning thesafety of animal feed, and which endangersfood safety, may be held responsible for thedirect short-, medium-and long-termconsequences for consumer health.

Justification

Producers must be involved in this process by making them bear responsibility for food safety atevery stage of agri-foodstuff production.

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Amendment 25 Article 16(2)

2. By way of derogation from paragraph 1,food which is not intended to be placed onthe market in the Community by reason ofits being in transit from one third countryto another, or intended to be processed forimmediate exportation, may be allowed onto the territory of the Community providedthat such food or its derivatives do notenter the Community market.

2. By way of derogation from paragraph 1,food which is not intended to be placed onthe market in the Community by reason ofits being in transit from one third countryto another, or intended to be processed forimmediate exportation, may be allowed onto the territory of the Community providedthat such food or its derivatives do notenter the Community market. However,food derived from animals may beprocessed within the territory of theCommunity only if it complies with therequirements of Community hygienelegislation concerning food derived fromanimals.

Justification

According to existing Community law, food derived from animals may be processed within theterritory of the Community with a view to export only if the food accords with Community law onthe hygiene of food derived from animals. There are no grounds for making an exception to thisprinciple.

Amendment 26 Article 17(3)

3. Food exported from the Communityshall not be unsafe, or labelled or presentedin a manner that is false, misleading ordeceptive.

3. Food exported from the Communitymust comply with the requirements ofCommunity hygiene legislation and shallnot be unsafe, or labelled or presented in amanner that is false, misleading ordeceptive.

Justification

Food produced within the territory of the Community for the purpose of export must comply withthe hygiene requirements laid down in Community law.

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Amendment 27 Article 19

Public consultation

Wherever circumstances allow there shallbe effective public consultation, directly orthrough representative bodies, at anappropriate stage, during the preparation offood law.

Public consultation

There shall be effective publicconsultation, at an appropriate stage,during the preparation of food law.Consultations shall also be carried out inthe European Commission's AdvisoryCommittee on Foodstuffs

Justification

The formulation leaves scope for interpretation and should be clarified. The Advisory Committeeon Foodstuffs includes representatives of various groups, such as consumers, farmers and thefood industry, who can contribute a wealth of experience to the decision-making process

Amendment 28 Article 20

Without prejudice to the applicableprovisions of Community and national lawon access to documents, where there arereasonable grounds to suspect that a foodmay present a risk for human, animal orplant health, then, depending on the nature,seriousness and extent of that risk, publicauthorities shall take appropriate steps toinform the general public of the nature ofthe risk to health, identifying to the fullestextent possible the food, or type of food,the risk that it may present, and themeasures which are taken or about to betaken to prevent, reduce or eliminate thatrisk.

Without prejudice to the applicableprovisions of Community and national lawon access to documents, where there arereasonable grounds to suspect that a foodor feed may present a risk for human,animal or plant health or the environment,then, depending on the nature, seriousnessand extent of that risk, public authoritiesshall take appropriate steps to inform thegeneral public of the nature of the risk tohealth, identifying to the fullest extentpossible the food, or type of food, or feed,or type of feed, the risk that it may present,and the measures which are taken or aboutto be taken to prevent, reduce or eliminatethat risk.

Justification

The duty to provide information in accordance with the proposal should also apply to risksarising from feed.

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Amendment 29 Article 21(2)(b)

(b) animal health and welfare, plant health; (b) animal health and welfare and planthealth, including matters relating to feed,animal medicines, fertilisers, plantprotection products and reproductionmaterial insofar as they affect food safety;

Justification

The mission of the Food Authority should also cover issues relating to fertilisers, plant diseasesand plant reproduction material in order to ensure that its field of work is as well suited to itsintended function as possible.

Amendment 30Article 21(2)(d)

(d) any matter relating to geneticallymodified organisms within the meaning ofDirective 90/220/EC.

(d) any food safety matter relating togenetically modified organisms within themeaning of Directive 90/220/EC, asamended.

Justification

Given the very complex nature of the GMO issue, the powers of the European Food Authorityshould not extend to the environmental sector.

Amendment 31Article 22(ka) (new)

(ka) to provide assistance with research anddevelopment concerning the quality of foodproducts;

Justification

Every effort must be made to achieve maximum quality.

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Amendment 32Article 24(1)

(1) The Management Board shall becomposed of four representatives appointedby the European Parliament, fourrepresentatives appointed by the Council,four representatives appointed by theCommission and four representatives ofconsumers and industry designated by theCommission.

(1) The Management Board shall becomposed of four representatives appointedby the European Parliament, fourrepresentatives appointed by the Council,four representatives appointed by theCommission and two representatives ofconsumers and two representatives ofindustry and the primary production sectordesignated by the Commission.

Justification

More representatives are needed of consumers, industry and the primary production sector.

Amendment 33 Article 26(1)

1. The Advisory Forum shall be composedof representatives from competent bodiesin the Member States which undertaketasks similar to those of the Authority, onthe basis of one representative designatedby each Member State.

1. The Advisory Forum shall be composedof representatives from competent bodiesin the Member States which areresponsible at national level for theimplementation of Community food safetylegislation or which undertake taskssimilar to those of the Authority, on thebasis of one representative and onesubstitute designated by each MemberState.

Justification

The work of the Authority should be based on networking, and the advisory body is the mostappropriate body to engage in this. Bodies from all the Member States which are familiar withthe Authority’s field at practical level should be represented on the body.

Amendment 34 Article 26(3)

3. The Advisory Forum shall advise theExecutive Director in the performance ofhis duties under this Regulation and shallensure close cooperation between theAuthority and the competent bodies in theMember States which undertake tasks

3. The Advisory Forum shall advise theExecutive Director in the performance ofhis duties under this Regulation and indrawing up the annual programme ofwork and shall ensure close cooperationbetween the Authority and the competent

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similar to those of the Authority. bodies in the Member States whichundertake tasks similar to those of theAuthority.

Justification

In order to improve coordination, the advisory body should participate in the drafting of theannual programme of work.

Amendment 35Article 27(4), last subparagraph

The number and names of the ScientificPanels may be adapted in the light oftechnical and scientific development by theCommission, at the Authority's request, inaccordance with the procedure referred toin Article 57(2).

The Food Authority may if necessary setup ad hoc working groups to considerlimited subjects. The number and names ofthe Scientific Panels may be adapted in thelight of technical and scientificdevelopment by the Commission, at theAuthority's request, in accordance with theprocedure referred to in Article 57(2).

Justification

In practice, it may not always be clear to which of the various panels a matter should be put. TheAuthority should have the power to set up ad hoc working groups if necessary to consider limitedsubjects.

Amendment 36Article 27(4)(ha) (new)

(ha) The Panel on typical and traditionalproducts.

Justification

It is essential that the EFA should tackle from a scientific standpoint the delicate issue of therelationship between food safety and traditional products, adopting a uniform approach atEuropean level and guaranteeing, at the same time, both the maximum degree of protection forconsumer health and the continued existence of such products. Scientific clarity as regards therelationship between safety and traditional products is particularly important when it comes togranting the food hygiene derogations provided for by the proposal for a regulation.

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Amendment 37 Article 51(1)

1. Information available to the members ofthe network relating to risk to humanhealth posed by food and feed shall ingeneral be available to the public. Ingeneral the public shall have access toinformation on product identification, thenature of the risk and the measure taken.

1. Information available to the members ofthe network relating to risk to humanhealth posed by food and feed shall beavailable to the public. In general thepublic shall have access to information onproduct identification, the nature of the riskand the measure taken.

However, the members of the networkshall take steps necessary to ensure that themembers of their staff are required not todisclose information obtained for thepurposes of this Section which by its natureis covered by professional secrecy in dulyjustified cases, except for informationwhich must be made public ifcircumstances so require, in order toprotect human health.

However, the members of the networkshall take steps necessary to ensure that themembers of their staff are required not todisclose information obtained for thepurposes of this Section which by its natureis covered by professional secrecy.

Justification

Transparency must be the primary principle where health risks associated with food and feedare concerned. However, obligations cannot be imposed on Member States which would conflictwith obligations arising from national law.

Amendment 38Article 55

Emergency measures for food ofCommunity origin or imported from a thirdcountry

Emergency measures for food and feedproducts of Community origin or importedfrom a third country

1. Where it is evident that food originatingin the Community or imported from a thirdcountry is likely to constitute a serious riskto human health, the Commission, actingon its own initiative or at the request of aMember State, may immediately adopt oneor more of the following interim measures,depending on the gravity of the situation:

(a) in the case of food of Community

1. Where it is evident that food or feedproducts originating in the Community orimported from a third country are likely toconstitute a serious risk to human health,the Commission, acting on its owninitiative or at the request of a MemberState, may immediately adopt one or moreof the following interim measures,depending on the gravity of the situation:

(a) in the case of food or feed products of

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origin:

(i) suspension of the placing on the marketof the food in question;

(ii) laying down special conditions for thefood in question;

(iii) any other appropriate interim measure;

Community origin:

(i) suspension of the placing on the marketof the food or feed product in question;

(ii) laying down special conditions for thefood in question;

(iii) any other appropriate interim measure;

2. Where a Member State officiallyinforms the Commission of the need totake emergency measures with regard tofood or establishments in anotherMember State, or with regard to a thirdcountry or a food from a third country oran establishment in a third country, and theCommission has not applied the provisionsin paragraph 1, the Member State may takeinterim protective measures. In this event,it shall immediately inform the otherMember States and the Commission.

2. Where a Member State officiallyinforms the Commission of the need totake emergency measures with regard tofood or feed products or establishments inanother Member State, or with regard to athird country or a food or feed productfrom a third country or an establishment ina third country, and the Commission hasnot applied the provisions in paragraph 1,the Member State may take interimprotective measures. In this event, it shallimmediately inform the other MemberStates and the Commission.

Within 10 working days, the Commissionshall put the matter before the Committeeset up in Article 57(1) in accordance withthe procedure provided for in Article 57(2)with a view to the extension, amendmentor abrogation of the national interimprotective measures.

The Member State may maintain itsnational interim protective measures untilthe Community measures have beenadopted.

Within 10 working days, the Commissionshall put the matter before the Committeeset up in Article 57(1) in accordance withthe procedure provided for in Article 57(2)with a view to the extension, amendmentor abrogation of the national interimprotective measures.

The Member State may maintain itsnational interim protective measures untilthe Community measures have beenadopted.

Justification

Swift protective measures concerning third countries have just been approved in respect of feedproducts, and measures relating to trade within the Community are currently being discussed.Feed products should also be included in the proposal under consideration in the interests ofuniformity.

AD\437982EN.doc 23/23 PE 286.418

EN

Amendment 39Article 60(2)

2. Within three years from the dateestablished in Article 65, the Commissionshall publish a report on the experienceacquired from implementing Sections 1and 2 of Chapter IV.

2. Within three years from the dateestablished in Article 65, the Commissionshall publish to the European Parliamentand Council a report on the application ofthe principles laid down in this regulationto Community legislation.

Justification

To ensure the communication of information, the Commission should report to the EuropeanParliament and the Council on the application of the principles laid down in the proposal toCommunity law.

Amendment 40Article 63

Seat

The seat of the Authority shall be decidedby the competent authorities, on the basisof a proposal of the Commission.

Seat

The seat of the Authority shall be decidedby the competent authorities.

Justification

The rules governing the decision on the seat of the new authority are laid down in the Treatyestablishing the EC, and the Commission does not have any powers in this regard. The proposedprovision is superfluous.