Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission consultation, 27 September 2018
This is a Commission Consultation which is available from 27 September - 25 October 2018. For more full details, see the Commission page at: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2018-4937110_en
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A copy of the draft regulation is available on this site (click on image). See also the separate document containing the proposed Annex: Draft Annexes |
The following are the opening recitals of the draft regulation:
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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 and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) 1107/2009, (EU) 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)1, and in particular Article 18(8) thereof,
Whereas:
(1) Regulation (EU) 2017/625 lays down rules for the official controls and other official activities performed by the competent authorities of the Member States to verify compliance with Union legislation inter alia in the area of food safety at all stages of production, processing and distribution. In particular, it provides for official controls in relation to products of animal origin intended for human consumption. In addition, it repeals Regulation (EC) No 854/20042 with effect from 14 December 2019. That Regulation currently lays down specific rules for official controls on products of animal origin intended for human consumption, including requirements on uniform practical arrangements for the performance of the controls.
(2) The rules laid down in this Regulation should ensure a continuation of the requirements to ensure the verification of food business operators’ compliance with the rules for the safe handling of products of animal origin, in particular as laid down in:
– Council Directive 96/23/EC3 as regards measures to monitor certain substances and residues;
– Regulation (EC) No 999/2001 of the European Parliament and of the Council4 as regards controls on transmissible spongiform encephalopathies;
– Council Directive 2002/99/EC5 as regards animal health rules on products of animal origin;
– Regulation (EC) No 178/2002 of the European Parliament and of the Council6 as regards the general principles and requirements of food law;
– Directive 2003/99/EC of the European Parliament and of the Council7 as regards the monitoring of zoonoses and zoonotic agents;
– Commission Decision 2003/467/EC8 as regards control of tuberculosis, brucellosis and enzootic-bovine-leukosis;
– Regulation (EC) No 2160/2003 of the European Parliament and of the Council9 as regards Salmonella controls;
– Regulations (EC) No 852/2004 of the European Parliament and of the Council10 as regards the hygiene of foodstuffs;
– Regulation (EC) No 853/2004 of the European Parliament and of the Council11 as regards the specific hygiene rules for food of animal origin;
– Council Regulation (EC) No 1/200512 as regards the protection of animals during transport and related operations;
– Commission Regulation (EC) No 2073/200513 as regards microbiological criteria in foodstuffs;
– Commission Regulations (EC) No 1881/200614 and (EC) No 124/200915 as regards maximum levels for certain contaminants in foodstuffs;
– Council Directive 2007/43/EC16 as regards the protection of chickens;
– Regulation (EC) No 1069/2009 of the European Parliament and of the Council17 as regards health rules on animal by-products;
– Council Regulation (EC) No 1099/200918 as regards the protection of animals at the time of killing;
– Directive 2010/63/EU of the European Parliament and of the Council19 as regards the protection of animals used for scientific purposes;
– Commission Implementing Regulation (EU) No 636/201420 as regards trade in unskinned large wild game;
– Commission Implementing Regulation (EU) 2015/137521 as regards official controls for Trichinella; and
– Regulation (EU) 2016/429 of the European Parliament and of the Council22 as regards animal health rules.
(3) The practical arrangements for the performance of official controls on products of animal origin should be considered where a minimum level of official controls is necessary to respond to recognised uniform hazards and risks that might be posed by products of animal origin, covering all aspects that are important for protecting human health and, where appropriate, animal health and animal welfare. They should be based on the most recent relevant information available and scientific evidence from the EFSA opinions.
