18. European Food Authority ***II
A5-0416/2001
European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council regulation laying down the general principlesand requirementsoffood law, establishing the European Food Authority and laying down procedures in matters of
food safety (10880/1/2001 /dash C5-0414/2001 /dash 2000/0286(COD))
(Codecision procedure: second reading)
The European Parliament,
wdash having regard to the Council common position (10880/1/2001- C5-0414/2001),wdash having regard to its position at first reading (
1) on the Commission proposal to Parliament and the
Council (COM(2000) 716) (2),
wdash having regard to the amended Commission proposal (COM(2001) 475) (3),
wdash having regard to Article 251(2) ofthe EC Treaty,wdash having regard to Rule 80 ofits Rules ofProcedure,wdash having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Policy (A5-0416/2001),
1. Amends the common position as follows;
2. Calls on the Council to apply the following criteria in its decision-making procedure on the location
ofthe European Food Saf ety Authority:
wdash it should be, and be seen physically to be, independent ofthe Commission and other institutions;wdash it should have a long-standing tradition in food safety in order to lend credibility to the Authority in
the eyes ofEU citizens;
wdash it should enhance the Authority’s independence and integrity;
wdash it should provide good scientific infrastructure and facilities in the field of food safety;
wdash it should be easily accessible in terms ofcommunications and have good and rapid transport connec-
tions;
wdash it should enable the Authority to work closely and efficiently with those Commission services which
deal with public health and consumer protection issues;
wdash it should be cost-effective and enable the Authority to start its work without delay;
3. Instructs its President to forward its position to the Council and Commission.
(1) ‘Texts Adopted’, 12.6.2001, Item 1.
(2) OJ C 96 E, 27.3.2001, p. 247.
(3) OJ C 304 E, 30.10.2001, p. 273.25.7.2002 EN C 177 E/65 Official Journal of the European Communities
Tuesday 11 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Title
Proposal f or a regulation ofthe European Parliament and ofthe
Council regulation laying down the general principles andrequirements off ood law, establishing the European Food
Authority and laying down procedures in matters off ood
safetyProposal for a European Parliament and Council regulation lay-
ing down the general principles and requirements off ood law,establishing the European Food Safety Authority and laying
down procedures in matters of food safety
Amendment 29
Recital 14a (new)
(14a) Networking of laboratories of excellence, at regional
and/or interregional level, with the aim of ensuring continu-ous monitoring of food safety, could play an important rolein the prevention of potential health risks for citizens.
Amendment 38
Recital 40
(40) To that effect the Management Board should be
appointed in such a way as to secure the highest standard ofcompetence, a broad range ofrelevant expertise and the broa-dest possible geographic distribution within the Union. In
order to ensure that a broad range of relevant expertise is
available, it is necessary for the Council to have a wide choiceof candidates on the basis of a list drawn upby the Commis-sion in an open and transparent manner. In order to build arelationshipof confidence and transp arency with the generalpublic it is appropriate for a quarter of the members to havetheir background in organisations representing consumersand other interests in the food chain.(40) To that effect the Management Board should be
appointed in such a way as to secure the highest standard ofcompetence, a broad range ofrelevant expertise, for instance
in management and in public administration, and the broa-
dest possible geographic distribution within the Union. This
should be facilitated by a rotation of the different countriesof origin of the members of the Management Board withoutany post being reserved for nationals of any specific MemberState.
Amendment 30
Article1, paragraph1
1. This Regulation provides the basis for the assurance of a
high level ofprotection ofhuman life and health and con-
sumers’interest in relation to food, whilst ensuring the effective
functioning of the internal market. It establishes common prin-ciples and responsibilities, the means to provide a strong
science base, efficient organisational arrangements and pro-
cedures to underpin decision-making in matters off ood andfeed safety.1. This Regulation provides the basis for ensuring a high
level ofprotection ofhuman health and consumers’ interests in
relation to food, taking into account in particular the diver-
sity in the supply of food including traditional products ,
whilst ensuring the effective functioning of the internal market.
It establishes common principles and responsibilities, the
means to provide a strong science base, efficient organisationalarrangements and procedures to underpin decision-making inmatters of food and feed safety.
Amendment 32
Article6, paragraph3
3. Risk management shall take into account the results of
risk assessment, and in particular, the opinions ofthe Auth-ority referred to in Article 22, other factors legitimate to the3. Risk management shall take into account the results of
risk assessment, and in particular, the opinions ofthe Auth-ority referred to in Article 22, other factors legitimate to theC 177 E/66 EN 25.7.2002 Official Journal of the European Communities
Tuesday 11 December 2001
matter under consideration and the precautionary principle
where the conditions laid down in Article 7(1) are relevant.matter under consideration, and the precautionary principle
where the conditions laid down in Article 7(1) are relevant, in
order to achieve the general objectives of food law established
in Article5.
Amendment 33
Article7, paragraph1
1. In circumstances where, following an assessment of avail-
able information, the possibility of harmful effects on healthhas been identified but scientific uncertainty persists, pro-
visional risk management measures necessary to ensure the
high level ofhealth protection chosen in the Community maybe adopted, pending further scientific information for a morecomprehensive risk assessment.1. Inspecific circumstances where, following an assessment
of available information, the possibility of harmful effects onhealthisidentified but scientific uncertainty persists, pro-
visional risk management measures necessary to ensure the
high level ofhealth protection chosen in the Community maybe adopted, pending further scientific information for a morecomprehensive risk assessment.
Amendment 7
Article9
There shall be public consultation, directly or through repre-
sentative bodies, at an appropriate stage , during the pre-
paration off ood law, except where the urgency ofthe matterdoes not allow it.There shall be open and transparent public consultation,
directly or through representative bodies, during the pre-
paration, evaluation and revision off ood law, except where
the urgency ofthe matter does not allow it.
Amendment 31
Article13, point (da) (new)
(da) promote consistency between international technical
standards and food law while ensuring that the high
level of protection adopted in the Community is not
reduced.
Amendment 10
Article19, paragraph1
1. Ifa f ood business operator considers or suspects that a
food which it has imported, produced, processed, manufac-tured or distributed is not in compliance with the food safety
requirements, it shall immediately initiate procedures to with-
draw the food in question from the market and inform thecompetent authorities thereof. Where the product may havereached the consumer, the operator shall effectively and accu-rately inform the consumers of the reason for its withdrawal,and ifnecessary, recall f rom consumers products already sup-
pliedto them when other measures are not sufficient to achieve
a high level ofhealth protection.1. Ifa f ood business operator considers or has reason to
believe that a food which it has imported, produced, processed,
manufactured or distributed is not in compliance with the food
safety requirements and the food has left the immediate con-
trol of that initial food business operator , it shall immediately
initiate procedures to withdraw the food in question from themarket and inform the competent authorities thereof. Wherethe product may have reached the consumer, the operatorshall effectively and accurately inform the consumers of thereason for its withdrawal, and if necessary, recall from them
products already supplied when other measures are not suffi-cient to achieve a high level ofhealth protection.25.7.2002 EN C 177 E/67 Official Journal of the European Communities
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COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 35
Article19, paragraph3
3. A food business operator shall immediately inform the
competent authorities ifit considers or suspects that a food
which it has placed on the market may be injurious to humanhealth. Operators shall inform the competent authorities of theaction taken to prevent risks to the final consumer.3. A food business operator shall immediately inform the
competent authorities ifit considers or has reason to believe
that a food which it has placed on the market may be injuriousto human health. Operators shall inform the competent auth-orities ofthe action taken to prevent risks to the f inal con-
sumerand shall not prevent or discourage any person from
cooperating, in accordance with national law and legal prac-tice, with the competent authorities, where this may prevent,reduce or eliminate a risk arising from a food .
Amendment 34
Article20, paragraph1
1. Ifa f eed business operator considers or suspects that a
feed which it has imported, produced, processed, manufacturedor distributed does not satisfy the feed safety requirements, itshall immediately initiate procedures to withdraw the feed inquestion from the market and inform the competent auth-orities thereof. The operator shall effectively and accuratelyinform users of the feed of the reason for its withdrawal, andifnecessary, recall f rom them products already supplied whenother measures are not sufficient to achieve a high level ofhealth protection.1. Ifa f eed business operator considers or has reason to
believe that a feed which it has imported, produced, processed,
manufactured or distributed does not satisfy the feed safetyrequirements, it shall immediately initiate procedures to with-draw the feed in question from the market and inform thecompetent authorities thereof. In these circumstances or, in
the case of Article15(3), where the batch, lot or consignmentdoes not satisfy the feed safety requirement, that feed shallbe destroyed, unless the competent authority is satisfiedotherwise . The operator shall effectively and accurately inform
users ofthe f eed ofthe reason f or its withdrawal, and ifnecess-ary, recall from them products already supplied when othermeasures are not sufficient to achieve a high level of healthprotection.
Amendment 36
Article20, paragraph3
3. A feed business operator shall immediately inform the
competent authorities ifit considers or suspects that a feed
which it placed on the market may not satisfy the feed safety
requirememts. It shall inform the competent authorities of theaction taken to prevent risk arising from the use of that feed.3. A feed business operator shall immediately inform the
competent authorities ifit considers or has reason to believe
that a feed which it placed on the market may not satisfy the
feed safety requirements. It shall inform the competent auth-orities ofthe action taken to prevent risk arising f rom the useofthat f eed and shall not prevent or discourage any person
from cooperating, in accordance with national law and legalpractice, with the competent authorities, where this may pre-vent, reduce or eliminate a risk arising from a feed.
Amendment 13
Article22, paragraph8
8. The Authority, Commission and Member States shall
cooperate to promote the necessary coherence between risk
assessment, risk management and risk communication func-tions.8. The Authority, Commission and Member States shall
cooperate to promote effective coherence between risk assess-
ment, risk management and risk communication functions.C 177 E/68 EN 25.7.2002 Official Journal of the European Communities
Tuesday 11 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 14
Article23, point (c)
(c) to provide scientific and technical support to the Commis-
sion in the areas within its mission;(c) to provide scientific and technical support to the Commis-
sion in the areas within its mission and, when so
requested, in the interpretation and consideration of riskassessment opinions ;
Amendment 37
Article25, paragraph1
1. The Management Board shall be composed of 16 mem-
bersappointed by the Council in consultation with the Euro-
pean Parliament from a list drawn up by the Commissionwhich includes a number ofcandidates substantially higherthan the number ofmembers to be appointed, plus a represen-tative ofthe Commission. A quarter ofthe members shall have
their background in organisations representing consumers and
other interests in the food chain.1. The Management Board shall be composed of 14 mem-
bersappointed by the Council in consultation with the Euro-
pean Parliament from a list drawn up by the Commissionwhich includes a number ofcandidates substantially higherthan the number ofmembers to be appointed, plus a represen-tative ofthe Commission. Four ofthe members shall have their
background in organisations representing consumers and other
interests in the food chain.
The list drawn upby the Commission, accomp anied by the
relevant documentation, shall be forwarded to the EuropeanParliament. As soon as possible and within three months ofsuch communication, the European Parliament may make itsviews available for consideration by the Council, which willthen appoint the Management Board.
The members ofthe Board shall be appointed in such a way as
to secure the highest standards ofcompetence, a broad rangeofrelevant expertise and the broadest possible geographic dis-tribution within the Union.The members ofthe Board shall be appointed in such a way as
to secure the highest standard ofcompetence, a broad range ofrelevant expertise and , consistent with these , the broadest
possible geographic distribution within the Union.
Amendment 16
Article25, paragraph2
2. Members’ term of office shall be four years. However, for
the first mandate, this period shall be six years for half of themembers.2. Members’ term of office shall be four years , and may be
renewed once . However, for the first mandate, this period shall
be six years for half of the members.
Members may be represented by alternates, appointed at the
same time.
Amendment 39
Article25, paragraph10
10. The Executive Director shall take part in the meetings of
the Management Board, without voting rights, and shall pro-vide the Secretariat.10. The Executive Director shall take part in the meetings of
the Management Board, without voting rights, and shall pro-vide the Secretariat. The Management Board shall invite the
Chair of the Scientific Committee to attend its meetingswithout voting rights.
Amendment 40
Article26, paragraph1
1. The Executive Director shall be appointed by the Manage-
ment Board, on the basis ofa list ofcandidates proposed bythe Commission after an open competition, following pub-1. The Executive Director shall be appointed by the Manage-
ment Board, on the basis ofa list ofcandidates proposed bythe Commission after an open competition, following pub-25.7.2002 EN C 177 E/69 Official Journal of the European Communities
Tuesday 11 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
lication in the Official Journal of the European Communities
and elsewhere ofa call f or expressions ofinterest, f or a periodoff ive years which shall be renewable. The Executive Director
may be removed from office by the Management Board.lication in the Official Journal of the European Communities
and elsewhere ofa call f or expressions ofinterest, f or a periodoff ive years which shall be renewable. Before appointment the
candidate nominated by the Management Board shall be
invited without delay to make a statement before the Euro-pean Parliament and answer questions put by members ofthat institution The Executive Director may be removed from
office by a majority of the Management Board.
Amendment 19
Article27, paragraph5
5. The Advisory Forum shall be chaired by the Executive
Director, who shall convene its meetings . Its operational pro-
cedures shall be specified in the Authority’s internal rules andshall be made public.5. The Advisory Forum shall be chaired by the Executive
Director. It shall meet regularly, and not less than four
times per year, at the invitation of the Chair or at the requestof at least a third of its members . Its operational procedures
shall be specified in the Authority’s internal rules and shall bemade public.
Amendment 41
Article38, paragraph2
2. The Management Board, acting on a proposal from the
Executive Director, may decide to holdsome of its meetings in
public and may authorise consumer representatives or other
interested parties to observe the proceedings ofsome oftheAuthority’s activities.2. The Management Board shall hold its meetings in public
unless, acting on a proposal from the Executive Director, it
decides otherwise for specific administrative points of its
agenda, and may authorise consumer representatives or other
interested parties to observe the proceedings ofsome oftheAuthority’s activities.
Amendment 21
Article40, paragraph3, subparagraph1a (new)
The Authority shall publish, in accordance with Article38,
all opinions issued by it.
Amendment 22
Article43, paragraph1
1. The revenues ofthe Authority shall consist ofa contribu-
tion from the Community and, in addition, any fees received
by the Authority in payment for the services it provides.1. The revenues ofthe Authority shall consist ofa contribu-
tion from the Community and from any State with which the
Community has concluded the agreements referred to in Arti-cle49, and fees charged for publications, conferences, train-ing and any other similar activities provided by the Auth-ority.
Amendment 23
Article43, paragraph5
5. By 31 March each year at the latest, the Management
Board shall adopt the draft estimates including the provisionallist ofposts accompanied by the preliminary work programmeand forward itto the Commission, which on that basis shall
enter the relevant estimates in the preliminary draft generalbudget ofthe European Union to be put bef ore the Councilpursuant to Article 272 ofthe Treaty.5. By 31 March each year at the latest, the Management
Board shall adopt the draft estimates including the provisionallist ofposts accompanied by the preliminary work programmeand forward them to the Commission and the States with
which the Community has concluded the agreements referredto in Article49 .On the basis of that draft, the Commission
shall enter the relevant estimates in the preliminary draft gen-eral budget ofthe European Union to be put bef ore the Coun-cil pursuant to Article 272 ofthe Treaty.C 177 E/70 EN 25.7.2002 Official Journal of the European Communities
Tuesday 11 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 24
Article45
Within three years following the date of entry into force of this
Regulation and after consulting the Authority, the Member
States and the interested parties, the Commission shall publish
a report on the feasibility and advisability of introducing fees
payable by undertakings in connection with obtaining aCommunity authorisation and for other services provided by
the Authority .Within three years from the date of entry into force of this
Regulation, the Commission shall publish, after consulting the
Authority, the Member States and the interested parties, a
report on the feasibility and advisability of presenting a legis-
lative proposal under the codecision procedure and in accord-ance with the Treaty for other services provided by the Auth-
ority.
Amendment 43
Article50, paragraph1
1. A rapid alert system for the notification of a direct or
indirect risk to human health deriving from food or feed is
hereby established as a network. It shall involve the MemberStates, the Commission and the Authority. The Member States,the Commission and the Authority shall each designate a con-tact point, which shall be a member ofthe network.1. A rapid alert system for the notification of a direct or
indirect risk to human health deriving from food or feed is
hereby established as a network. It shall involve the MemberStates, the Commission and the Authority. The Member States,the Commission and the Authority shall each designate a con-tact point, which shall be a member ofthe network. The Com-
mission shall be responsible for managing the network.
Amendment 42
Article51
The measures for implementing Article 50 shall be adopted by
the Commission, after consulting the Authority, in accordance
with the procedure referred to in Article 58(2). These measuresshall specify, in particular, the specific conditions and pro-cedures applicable to the transmission ofnotif ications andsupplementary information.The measures for implementing Article 50 shall be adopted by
the Commission, after discussion with the Authority, in
accordance with the procedure referred to in Article 58(2).These measures shall specify, in particular, the specific con-ditions and procedures applicable to the transmission ofnotif i-cations and supplementary information.
Amendment 26
Article53, paragraph1, point (a), indent (i)
(i) suspension ofthe placing on the market ofthe f ood in
question;(i) suspension ofthe placing on the market or use ofthe f ood
in question;
Amendment 44
Article53, paragraph2, subparagraph2
As soon as possible, and amost within 10 working days, the
measures taken shall be confirmed, amended, revoked orextended in accordance with the procedure referred to in Arti-
cle 58(2).As soon as possible, and atmost within 10 working days, the
measures taken shall be confirmed, amended, revoked orextended in accordance with the procedure referred to in Arti-
cle 58(2), and the reasons for the Commission’s decision shall
be made public without delay.25.7.2002 EN C 177 E/71 Official Journal of the European Communities
Tuesday 11 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT