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Consumers, Health, Agriculture and Food Executive Agency General presentation on the Regulation (EC) No 882/2004 Providing an overview of the main provisions of Regulation (EC) No 882/2004 on official controls along the food chain 2

Consumers, Health, Agriculture and Food Executive Agency Contents 3 1. Legal framework 2. Key concepts 3. Competent authorities 4. Business operators 6. Enforcement 7. Current review

Consumers, Health, Agriculture and Food Executive Agency Legal framework (1) 4 Regulation (EC) 882/2004 Fundamental text for EU food law with Reg. 178/2002 (‘General Food Law’) Art. 17 GFL sets out obligations for  food/feed business operators SAFETY and COMPLIANCE with FOOD/FEED LAW  EU MS SYSTEM OF OFFICIAL CONTROLS and PENALTIES

Consumers, Health, Agriculture and Food Executive Agency Legal framework (2) 5 Regulation (EC) 882/2004 Harmonisation of organisation and performance of control activities across the EU Scope: Covers food, feed, animal&welfare, partially plant health - Concerns EU products as well as imports Sectoral/vertical legislation may provide more specific rules for controls (e.g. food of animal origin, veterinary residues, organics)

Consumers, Health, Agriculture and Food Executive Agency Key concepts (1) 6 Art. 2 Reg. 882/2004 ‘Official control’: any form of control performed by competent authorities for verifying compliance with feed/food law ‘Verification’: checking, by examination and based on objective evidence, if a given requirement is met ‘Competent authority’: central authority of a MS responsible for organisation of official controls

Consumers, Health, Agriculture and Food Executive Agency Key concepts (2) 7 Art. 3 Reg. 882/ Official controls must be organised on a regular basis, at appropriate frequency and based on risk unannounced performed at any relevant stage of the food chain

Consumers, Health, Agriculture and Food Executive Agency Key concepts (3) 8 Planning via Multi-Annual Control Plans (MANCPs) (Art. 41) Integrated, i.e. cross-sectoral, must contain a wealth of information about organisation and performance of official control in MS e.g. Strategic objectives Prioritisation of controls Designation of CAs etc. ‘MS passports’

Consumers, Health, Agriculture and Food Executive Agency Competent authorities (1) 9 Art. 4 Reg. 882/2004 – Operational criteria Staff with no conflict of interest Availability of adequate laboratory capacity, facilities and equipment Legal powers to fulfil their tasks and enforce Coordination if tasks are conferred to other authorities e.g. at regional/local level Internal and external audits

Consumers, Health, Agriculture and Food Executive Agency Competent authorities (2) 10 Art. 6 Reg. 882/2004 – Staff Receive appropriate training in their areas of competence all along their employment Specific training subjects covered by Annex II Chapter I (e.g. feed and food law, control procedures and techniques) + BTSF (Art. 51)! Aptitude for multidisciplinary approach

Consumers, Health, Agriculture and Food Executive Agency Competent authorities (3) 11 Art. 7 Reg. 882/ Transparency Inform the public about effectiveness of official controls and risk management measures when public health is at stake (i.e. Art. 10 GFL) Not to disclose information covered by professional secrecy (e.g. investigations, legal proceedings, personal data etc.)

Consumers, Health, Agriculture and Food Executive Agency Business operators 12 Obligations must undergo official controls and assist CAs in the accomplishment of their tasks in accordance with national provisions (Art. 4 (2) let. g) Rights 1) may ask for supplementary expert opinion in case feed/food subject to sampling and analysis (Art. 12 (5) and 6) 2) entitled to receive report on official controls at least in case of non- compliance (Art. 9) and appeal against decisions of CAs (Art. 54 (3) b)

Consumers, Health, Agriculture and Food Executive Agency Enforcement (1) 13 Art. 54 Reg. 882/2004 – Action following non- compliance General principle ensure the business operator take remedial action(s) Those actions may consist of e.g.:  Marketing restriction or prohibition  Suspension of the business activity, closure of premises  Withdrawal from the market or recall from consumers  For imports, destruction, re-dispatch or special treatment

Consumers, Health, Agriculture and Food Executive Agency Enforcement (2) 14 Business operators must bear all costs stemming from required enforcement action (Art. 54 (3)) are subject to administrative sanctions that must be effective, proportionate and dissuasive (Art. 55 (1)).

Consumers, Health, Agriculture and Food Executive Agency Current review (1) 15 Commission’s package of 4 legislative proposals published on 6 May 2013 Reviews, inter alia, Reg. (EC) 882/2004 Undergoing negotiations with European Parliament and Council Expected adoption?

Consumers, Health, Agriculture and Food Executive Agency Current review (2) 16 Main Objectives Simplifying the current legislative framework Clarifying and adjusting where necessary Consolidating the integrated approach to the food chain

Consumers, Health, Agriculture and Food Executive Agency Current review (3) 17 Main changes Extension of scope: e.g. plant health, plant propagating materials, animal.by-products Single framework for all imports: e.g. Border Control Posts, Common Health Entry Document Strengthening of enforcement coordination and action: e.g. single authority for each area covered, administrative assistance Inclusion of anti-fraud provisions: antifraud checks, heavier sanctions

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