Annexes to COM(2012)122 - Overall operation of official controls in the Member States on food safety, animal health and animal welfare, and plant health - Main contents
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| dossier | COM(2012)122 - Overall operation of official controls in the Member States on food safety, animal health and animal welfare, and plant ... |
|---|---|
| document | COM(2012)122  |
| date | March 23, 2012 |
Rapid alert systems and other reporting tools
The existing rapid alert systems for food and feed safety (RASFF), animal disease outbreaks (ADNS) and plant disease outbreaks (Europhyt) represent important tools for managing the rapid response to emergencies and emerging risks and a source of information on the pattern of hazards and diseases as they develop along the food chain. The data they provide may be an important indicator of compliance shortcomings in relation to established safety standards. Detailed results from these food safety and animal disease alert systems are summarised each year in annual reports on RASFF and ADNS published on the Commission's web site:
http://ec.europa.eu/food/food/rapidalert/index_en.htm http://ec.europa.eu/food/animal/diseases/adns/index_en.htm .
For Europhyt, the notification tool for interceptions of consignments for plant health reasons, the Commission is in the process of launching a website with monthly interception reports.
TRACES, the system which allows the exchange of information between the Commission and the Member States on controls carried out on animals and animal products (on domestic products and imports from third countries) is another important source of data, not only on volume of movements of the commodities covered, but also on official veterinary controls carried out: http://ec.europa.eu/food/animal/diseases/traces/index_en.htm.
Reporting at SCOFCAH meetings
Reports on the operation of controls are also presented by Member States regularly at meetings of the Standing Committee of the Food Chain and Animal Health. These may be either routine reports on the incidence and control of food borne illness, animal diseases or plant diseases; or they may be related to recent outbreaks and emergency actions taken in response. They represent another important source of information for the Commission to assess how controls are operating in the Member States. In recent years, the Commission has adopted the practice of publishing these presentations on the Commission’s website along with the minutes of the respective meetings.
Also, in some areas, the Commission prepares a compilation of such reports as received from the Member States and makes them available through the proceedings of the Standing Committee (available at the following web site:
http://ec.europa.eu/food/committees/regulatory/index_en.htm).
3.4. Commission follow-up and enforcement
Sustained attention to and co-ordination of enforcement action remains a priority in all areas covered by this report. The recommendations contained in FVO audit reports are an important input to this. They are systematically followed up, through a range of activities.
Member State competent authorities are requested to present an "action plan" describing how they have addressed or intend to address the recommendations. In turn, the Commission evaluates the action plan and systematically monitors the implementation of all these actions through a number of follow-up activities including: (a) general follow-up audits during which the FVO and Member State authorities meet to review progress made on all recommendations made to that Member State; (b) on-the-spot follow-up audits on specific issues, or requests for written reports on specific issues; and (c) high-level bilateral meetings in the event of over-arching, or persistent problems.
Another source of information which may point to non-compliance or enforcement problems are complaints from members of the public or NGOs, and the Commission is careful to ensure that these are pursued with the Member States concerned as well, with a view to achieving a positive outcome.
In terms of other tools, and during the course of 2009-2010, the Commission found the EU Pilot Project, which has been operating in 15 volunteer Member States since April 2008 with the aim of providing quicker and fuller answers to questions arising from the application of EU laws, to be a useful tool as it has enhanced communication between the Commission and Member States, and contributed to the resolution of enforcement problems, without the need to resort to formal infringement proceedings. .
However, there where competent authorities fail to take to take satisfactory corrective action to address persistent problems, and where the mechanisms described above do not lead to a satisfactory resolution or insufficient progress, the Commission may have to launch infringement proceedings, to achieve compliance by the Member State.
This occurred in three cases against Greece because it persistently failed to comply with a range of important components of EU food safety legislation. The Court delivered three judgments condemning Greece for failures in the application of EU law. Specifically:
- FVO audits found long-standing, fundamental and systemic shortcomings in the official controls carried out by Greece which were mainly attributable to a shortage of human resources in the Greek veterinary services. As a result, both the central administration and the decentralised authorities, failed to carry out official controls in an effective and substantial way. The Court concluded that the results of the efforts made by the Greek authorities to solve these problems were unsatisfactory[7].
- the Court also concluded that Greece had failed to correctly apply key provisions of EU law on animal by-products not intended for human consumption[8] and on protection of animals during transport and in slaughterhouses[9].
In addition, the Commission issued reasoned opinions in 2010 against Italy and Spain.
- In the case of Italy, FVO audits found that the ability of the Italian authorities to meet their obligations under EU plant health legislation was impeded by a lack of staff. As a result Italy failed in many instances to comply with notification requirements. In addition, the problem identified by the FVO resulted in a chronic failure on behalf of the Italian authorities to ensure a close, rapid, immediate and effective co-operation with the Commission.
- In the case of Spain, FVO audits found that Spain was not correctly applying EU animal welfare requirements in relation to: authorisation of transporters; approval of means of transport; control of journey logs; checks on fitness of animals for transport; inspections; and penalties.
More information on infringements is available in the annual reports on monitoring the application of EU law published on the Commission's website: http://ec.europa.eu/eu_law/infringements/infringements_annual_report_en.htm
4. Conclusions
On the whole, Member States ensure a good level of implementation of official controls across the food chain, and respect for food safety, plant and animal health, and animal welfare issues. While there is scope for improvement, there has been progress in the efficient use of control instruments and resources, and in planning, implementation, and co-ordination of controls across all sectors.
Official controls, and legislative instruments to optimise their effectiveness, are key features of the EU food chain. They allow competent authorities to perform controls on a risk basis, and to identify shortcomings and address them in a timely manner. They also provide competent authorities with a meaningful overview of the food safety and health situations.
Member State reports provide reassurance that national competent authorities take their role seriously and with increasing levels of competence, as confirmed by reports from audits carried out by Commission experts.
On-the-spot specific audits by the Commission, as well as general follow-up audits covering all sectors, are of particular importance in identifying weaknesses to be addressed, and in ensuring that corrective actions are taken.
These Commission audit reports, complementing Member State control activities, provide a robust system for assessing the effectiveness of Member State control systems.
In order to give reasonable assurances of compliance with EU legislation, the Commission, whenever necessary, takes the appropriate measures to achieve improvements in official control and audit systems in the Member States.
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ANNEX
LIST OF PUBLISHED COMMISSION SECTORIAL REPORTS ON THE IMPLEMENTATION OF EU LEGISLATION ON FOOD
SAFETY, ANIMAL HEALTH, ANIMAL WELFARE AND PLANT HEALTH
Report || Legal basis || Publication
Annual Report on the monitoring and testing of ruminants for the presence of transmissible spongiform encephalopathy (TSE) in the EU || Article 6 (4) of Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies || http://ec.europa.eu/food/food/biosafety/tse_bse/monitoring_annual_reports_en.htm
The EU Summary Report on trends and sources of zoonoses, zoonotic agents and food-borne outbreaks in the European Union || Article 9 (2) of Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (Mandated to EFSA, elaborated by EFSA in cooperation with ECDC) || http://www.efsa.europa.eu/en/efsajournal/doc/2090.pdf
The Rapid Alert System for Food and Feed (RASFF) annual report || Article 50 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety || http://ec.europa.eu/food/food/rapidalert/rasff_publications_en.htm
Report || Legal basis || Publication
Annual EU-wide Pesticide Residues Monitoring Report || Article 32 of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (Mandated to EFSA) || http://ec.europa.eu/food/fvo/specialreports/pesticides_index_en.htm http://www.efsa.europa.eu/en/efsajournal/pub/1646.htm
Annual report on food irradiation || Article 7(3) of Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation || http://ec.europa.eu/food/food/biosafety/irradiation/index_en.htm
Commission Staff Working Paper on the Implementation of National Residue Monitoring Plans in the Member States || Article 8 of Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC || http://ec.europa.eu/food/food/chemicalsafety/residues/control_en.htm
Report || Legal basis || Publication
Commission annual reports on surveillance of avian influenza in poultry and wild birds, by Member States || Article 19.1 of Commission Decision 2006/875/EC and article 9.1 of Commission Decision 2006/876/EC approving programmes for the eradication and monitoring of animal diseases of certain TSEs and for the prevention of zoonoses presented by the Member States and by Bulgaria and Romania for the year 2007. || http://ec.europa.eu/food/animal/diseases/controlmeasures/avian/eu_resp_surveillance_en.htm
Reports of the meetings of the experts sub-groups (Bovine brucellosis, sheep& goats brucellosis, bovine tuberculosis and rabies) of the Task Force (TF) for monitoring disease eradication in the Member States. || The Task Force was created in 2000 as an action foreseen in the Commission White Paper on Food Safety. || http://ec.europa.eu/food/animal/diseases/eradication/taskforce_en.htm
Report || Legal basis || Publication
Annual summary of submissions from Member States concerning imports of products of animal origin for personal consumption, summarising the relevant information on the measures taken to advertise and enforce the rules laid down in the Regulation, and on the results thereof || Art. 7 (1) of Commission Regulation (EC) No. 206/2009/EC (repealing Art. 5 (1) of Commission Regulation (EC) No. 745/2004) on the introduction into the EU of personal consignments of products of animal origin || http://ec.europa.eu/food/animal/animalproducts/personal_imports/sum_personal_imports_2005_2007_final.pdf
Animal welfare: transport Regulation || Article 27(2) of Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 || http://ec.europa.eu/food/animal/welfare/transpor t/inspections_reports_reg_1_2005_en.htm
[1] Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p1).
[2] Since 2010, the term "inspection" has been replaced by "audit", to reflect the broader scope of FVO activities. "Audit" is generally used in this report, for ease of reference.
[3] COM(2010) 441 final of 25.8.2010.
[4] Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
[5] Hazard Analysis and Critical Control Points.
[6] Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC.
[7] Judgment of the Court of Justice of 23.4.2009 in case C-331/07.
[8] Judgment of the Court of Justice of 17.12.2009 in case C-248/08.
[9] Judgment of the Court of Justice of 10.9.2009 in case C-416/07.