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Brussels, 25 april 2001
Euro Coop asks for a strengthening of the general principles of food law and reiterates its call for an effective European Food Authority
Euro Coop is the European Community of Consumer Co-operatives, whose members are the national organisations of consumer co-operatives in 11 of the 15 Member States of the EU and in 4 Central and Eastern European countries. Created in 1957, Euro Coop today represents over 3,200 local or regional co-operatives, membership of which amounts to over 19 million consumers in the EU and 2 million in the associated countries of Central and Eastern Europe. Euro Coop's major objective is to promote, defend and represent consumer interests at European level.
Euro Coop welcomes the Commission's proposal for a Regulation laying down the general principles of food law, establishing the European Food Authority, and laying down procedures in matters of food safety (COM (2000) 716).
In Euro Coop's view, a general legal framework for food law and the setting up of a European Food Authority should ensure the development of a more consistent and effective EU food policy. We support the general principles espoused in the Commission's proposal and we reaffirm the need for an independent and transparent European Food Authority responsible for providing scientific and technical advice to the Community .
However, Euro Coop has identified various points, which could undermine the scope and the effective implementation of the Regulation. We feel that certain principles and requirements need further consideration to ensure the effectiveness of future EU legislation. Furthermore, Euro Coop regrets that the proposal does not give more teeth to the future European Food Authority. We are especially concerned about the lack of linkage between risk assessment and risk management, the lack of clarity concerning the role of the authority to communicate risks and about consumers' involvement in the decision-making process. Euro Coop calls for a real strengthening of the existing risk analysis process, rather than just its reorganisation.
Priority should be given to consumer safety and not to consumer confidence. Consumers will regain confidence only if they can trust the European Food authority and if the latter proves the excellence of its work. Considering the recent food scares, such as BSE, the dioxin crisis and the foot and mouth disease, we call on the European Parliament and the European Council to strengthen the general principles of food law, to fully consider consumers' expectations in the future European Food policy, and to ensure the effectiveness of the future European Food Authority.
We call on EU institutions to consider the following points:
- Euro Coop supports the general principles and requirements of food law, but asks for their strengthening
Euro Coop agrees with the general principles of food law, but is worried that the effective implementation of the objectives could be undermined or deviated in practice.
- Euro Coop welcomes the "farm to table" principle but is concerned about its effective implementation in vertical EU legislation
The main reason for the proposed Regulation is to provide a legislative framework to fully address food safety across the entire food chain, from farm to table. Euro Coop has always argued for an integrated approach. The recent food scares have proved that contaminated animal feeds have been an indirect cause of food hazards and need to be strictly controlled to prevent future problems occurring. We agree with the approach taken by the Commission.
However, Euro Coop is very concerned that vertical EU legislation may impede the full implementation of the farm to table principle. For example, we believe that the Commission's proposal to extend the list of products authorised for irradiation discusses safety and hygiene at the wrong point of the chain. As we have already indicated in our comments on irradiation of 31st October 2000, we consider that it is not in line with the Commission's new holistic approach of food safety, covering all stages of production, from the farm to the table. Extending the list of irradiated products indeed contradicts the idea that food safety must firstly be ensured at the primary production level.
- Euro Coop agrees with the definitions of "food" and "retail trade"
Euro Coop welcomes the rationalisation of definitions used in Community food legislation. We agree with the long awaited definition of "food". In its comments on the Green Paper on the General Principles of Food Law of 5th September 1997, Euro Coop has already indicated that water from the tap should be included in the definition of "foodstuffs". We also welcome the definition of "retail trade".
- Euro Coop requests the Commission to harmonise EU food legislation
The general legal framework proposed by the Commission should have primacy over vertical legislation. We are concerned that there are inconsistencies between the proposal, and the proposed Regulations on the hygiene of foodstuffs and the General Product Safety Directive. This is the case for the dispositions on traceability, on the withdrawal of products, and on imports and exports of products. Euro Coop regrets that the general principles and requirements of food law and the creation of the European Food Authority are adopted after the revision of the legislative measures set out in the White Paper on Food Safety. We urge the Commission to ensure the harmonisation of EU food legislation.
- Traceability and responsibility are welcomed but Euro Coop is concerned about the method of implementation
Euro Coop welcomes the inclusion of traceability and responsibility as general principles of food law. In its comments on the hygiene of foodstuffs of 18th October 2000, Euro Coop already stressed that the traceability of all feed and food along the food chain is a vital element in ensuring food safety. All stakeholders in the food chain must consider themselves as having the duty to take active responsibility for their part of the chain.
Euro Coop acknowledges the cost implications of the traceability requirements. However, Euro Coop is concerned that the scope and detail of implementation of these principles are unclear . In the explanatory memorandum, the Commission mentions that the proposal enables derogation's where traceability is "impracticable" . This point does not appear to be reflected in the main regulatory text. Euro Coop asks the Commission for further clarification on this issue.
Euro Coop believes that all stakeholders involved in the food chain should be responsible for traceability at his own level only, rather than a requirement to trace back through the entire chain. Euro Coop asks the Commission for more details about the way records should be kept by food business operators.
Finally, Euro Coop is concerned that the wording of Article 9, 3 implies that it would be compulsory for all actors of the food chain to identify the clients to whom the products have been supplied . If this is the meaning of the provisions, Euro Coop stresses that consumer co-operatives cannot always identify what kind of customers they have. We call on EU institutions to reflect this point in the amended version of the proposal.
- Euro Coop urges the Commission to adopt a Regulation on official food and feed safety controls
Controls are necessary to ensure the good implementation of any kind of legislation, including food legislation. We welcome the Commission's commitment to the production of a new and comprehensive law on food and feed controls in order to improve the quality of control systems throughout the whole of the chain from farm to fork.
As the proposed Regulation on the General Principles of Food Law does not contain detailed provisions on controls, we urge the Commission to promptly adopt the Regulation on official food and feed safety controls, which was announced in the White Paper on Food Safety to be adopted by December 2000. Euro Coop reaffirms that a key objective of this law should be to ensure that adequate enforcement and control resources both within Member States and at Commission level are allocated appropriately throughout the food chain .
- Euro Coop believes that transparency is vital to regain consumer confidence
Euro Coop welcomes the inclusion of transparency as a general principle of food law. Euro Coop has always called for a full transparency of the decision-making process. This is vital to regain consumer confidence. However, we consider that the Commission's proposal is too vague, such as for example the expressions "wherever circumstances allow there shall be effective public consultation" and "public authorities shall take appropriate steps to inform the general public" .
As already stated by Euro Coop in its comments on the European Food Authority in April 2000, we would like to see information which can be easily understood by the layman, rather than technical documents aimed at experts. Regarding public consultation, we welcome the Commission's commitment to create an Advisory Consultative Committee on Food Safety . In the White Paper on Food Safety, the Commission announced that a Decision would be adopted in December 2000. We urge the Commission to create this Committee.
- Euro Coop asks for further details on the application of international food standards at the EU level
Euro Coop welcomes the Commission's proposal which stipulates exceptions to the application of international food standards at the EU level. Euro Coop has always affirmed the right of individual countries to maintain safety standards higher than internationally accepted standards in order to protect consumers, for example during international dispute on the hormones-treated beef at the World Trade Organisation.
We request the Commission to provide more information about the statement that international food standards will not be taken into consideration "where such standards (…) would be ineffective or inappropriate means for the fulfilment of the legitimate objectives of food law or there is scientific justification (…)" . Euro Coop stresses that the precautionary principle should be taken into account along with science during the decision-making process.
- Euro Coop reiterates its call for an effective European Food Authority
On 26th April 2000, Euro Coop already commented on the establishment of a European Food Authority. We are pleased to see that some of our comments have been taken into account, but we wish to address the following consumer-related comments to the ongoing debate within the European Institutions.
- Euro Coop welcomes the remit of the European Food Authority
Euro Coop welcomes the commitment of the Commission to give the Authority broad terms of reference, covering items such nutrition, animal welfare, plant health, and genetically modified organisms-related issues. We have indeed argued for such a broad mandate in our previous comments. We also agree with the six main functions of the Authority, but we stress that its work should include the provision of scientific advice in international dispute such as the hormones in beef issue.
- Euro Coop stresses the importance of consumers' involvement in the decision-making process
Euro Coop believes that there is a need to increase the transparency of the work of the scientific committees. Consumers should have access, not only to final papers, but also to the discussion papers. We also underline that all stakeholders should be represented in a balanced way on the Management Board. Therefore, we ask the Commission to clarify the following sentence: "the Management Board shall be composed of (…) four representatives of consumers and industry designated by the Commission" .
Euro Coop strongly underlines that consumer representatives must be consulted in the "risk management" phase, and not jut once a proposal is published by the Commission. Once a scientific opinion is adopted, a body made up of scientists, consumer representatives and all other stakeholders in the food chain, should be in charge of drafting recommendations to the legislator on the basis of the scientific opinion. The legislator would remain free to follow or not these recommendations but would have to justify its decision when the recommendations are not implemented. This would reinforce the role of the Authority without requiring a change of the Treaty, as the regulatory power remains in the competence of the EU institutions.
- Euro Coop believes that adequate co-ordination between the Authority and the National Authorities should be guaranteed
The Authority as proposed will have many vital roles to play in safety of the food cycle. Some Member States now have their own Food Safety Authorities (FSA), but in countries with no FSA their lines of reporting could be extremely complex. Therefore, we believe that the co-ordination role of the Authority will be difficult to achieve without full support and diligent reporting from member states. The rapid alert system has been made possible by modern technology but could easily lead to confusion when dealing with emergency food cases if all parties are not fully aware of their roles.
Similarly the Crisis Management system will rely on excellent and speedy communication between all interested parties. We are concerned that the separation of the Rapid Alert System and Crisis Units could lead to duplicity of roles and tasks and to confusion.
Regarding the Rapid Alert System and the Crisis Unit, Euro Coop stresses that a system of filter should be put in place, which would assist the Authority to decide what risk to communicate or not. It would prevent events of panic for minor issues among consumers.
- Euro Coop considers that the decision to communicate a risk should be authoritative
The Authority should also ensure that risks are communicated uniformly across Europe. Its decision to communicate a risk should be European and authoritative in order to avoid differentiation among European Member states. All European consumers should receive the same message regarding a specific food security problem. This is vital to regain consumers' confidence.
- Euro Coop warns that the effectiveness of the Authority depends on adequate staffing and budget
Euro Coop is concerned about the size of the staff and of the budget. As we have already stated, we consider that the Authority should be small in size in order to minimise lines of internal communication and the burden of the administration. We feel that a 250 staff (330 staff in three years) does not respond to this criterion. On the contrary, it is a too large number of people. We also consider that the budget is far too small and that it should be increased to ensure the effectiveness of the Authority.
In conclusion, Euro Coop considers that the proposed Regulation is a positive move towards consumer protection, but is concerned that the proposed reform may not be effective unless specific measures are planned to put the principles in practice. Appropriate weight should be given to consumers' expectations. Consumers will regain confidence only if they can trust the new system in place and if the latter proves its ability to solve the failures of the existing system.
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Contact: Aude L'hirondel, Food Officer
Tel: +32.2.285.00.70 - Fax: +32.2.231.07.57
E-mail: alh@eurocoop.org
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