FSAI Information Note20130701

Consultation Information Note Topic: Proposal for a new Regulation of the European Parliament and of the Council on official
controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products to replace Regulation (EC) No 882/2004.
Start date of consultation: Monday 1st July 2013 Closing date of consultation: Monday 9th September 2013 Consultation details: On the 6th May 2013, the European Commission adopted a proposal for a draft regulation on official controls and other official activities performed which aims to strengthen the enforcement of health and safety standards across the agri-food chain. Currently, the legislative framework for the organisation of official controls is established through Regulation (EC) No. 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. The new proposal replaces this legislation and aims to put in place a more robust, transparent and sustainable regulatory framework that is better fit for purpose which will repeal Regulation (EC) No 882/2004. The proposal is part of a package which also includes three major reviews to modernise animal health, plant health and plant reproductive material legislation. The proposal aims to simplify the overall legislative framework through better regulation by integrating the rules currently applicable to official controls in specific areas currently governed by separate sets of rules (e.g. controls on residues of veterinary medicinal products in live animals and animal products, and plant health controls) into the framework of the new official controls Regulation. Some of the other main issues in the proposal are as follows: Broadened scope to include the whole agri-food chain. The new areas included are plant health, plant reproductive material and animal by products. A major element of the proposal deals with the issue of the financing of official controls. Currently, mandatory inspection fees are only charged for official controls on certain businesses approved for processing meat, fishery products and milk and for the approval of feed establishments and for most controls at borders. There are also mandatory charges for expenses arising from additional control activities in cases of non-compliance. The proposal maintains the current system of mandatory fees but will extend the rules to cover all official controls performed for agri-food business operators covering all aspects of the agri-food chain. However, it is proposed that enterprises employing fewer than 10 persons and whose annual turnover or balance sheet does not exceed EUR 2 million (micro-businesses) will be exempted from the payment of mandatory fees. New provisons aimed at improving the transparency on how the competent authorities carry out official controls and the outcome of these controls. This includes a
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requirement for the competent authorities to publish more timely and regular information on the types of controls and their outcome and an entitlement for competent authorities to make information available to the public about the rating of individual operators based on the outcome of official controls. New requirements for competent authorities to perform specific official controls to identify possible intentional violations (i.e. fraud). Financial penalties applicable to violations must at least offset the economic advantage sought through the violation. Changes to the rules for official sampling and analyses Common set of rules for controls on imports into the EU. Provisions allowing the Commission to adopt detailed rules across a range of areas of official controls via delegated and implementing Acts. New rules to facilitate official controls for on-line sales. These facilitate competent authorities to order samples on line for official testing without having to identify themselves. The Regulation also specifically gives competent authorities the option of closing internet sites where non compliances have been identified relating to activities of the site.
The Department of Health, the Department of Agriculture, Food and the Marine, and the Food Safety Authority of Ireland (FSAI) invite you to submit your comments in respect of the above issues or any aspect of the proposed Regulation. A copy of the draft regulation and other European Commission related documents can be viewed at: Proposed Regulation http://ec.europa.eu/dgs/health_consumer/pressroom/docs/proposal-regulation-epcouncil_en.pdf Press release, Commission impact assessment and related documents http://ec.europa.eu/dgs/health_consumer/pressroom/animal-plant-health_en.htm Responses should be submitted by 5pm on Monday 9th September 2013 to: [email protected] Or via post to: Consultations, Food Safety Authority, Abbey Court. Lower Abbey Street, Dublin 1 Or fax to: +353 (0)1 817 1301
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FSAI Information Note20130701

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Consultation Information Note Topic: Proposal for a new Regulation of the European Parliament and of the Council on official

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