WRITTEN QUESTION E-1121/00

by Bart Staes (Verts/ALE) to the Commission

(11 April 2000)

Subject: White Paper on Food Safety and the European Food Authority

The White Paper on Food Safety (COM(1999) 719 final) was published in January 2000. Chapter 4 is concerned with establishing a European Food Authority (EFA). Chapter 5 considers legislation on food safety.

The EFA advises, gathers information and communicates, but has no legislative or regulatory powers. In crises the Commission, which will retain responsibility for monitoring, takes measures. The EFA is to cooperate with national bodies and is to play a leading role in this respect. However, it will not have any powers in the event of differences of opinion.

Primary European legislation is adopted by the Council and the European Parliament. The Commission and the regulatory committees are responsible for delegated legislation which is based on primary legislation. The EU Treaty does not allow an independent authority, such as the proposed European Food Authority, to have powers of delegated legislation.

1. Does the Commission feel that the EFA should ultimately have the power to enact delegated legislation, for example in respect of authorising novel foods and determining maximum values for residues of pesticides and contaminants?

2. Has the Commission taken action to ensure that the EFA acquires the power of delegated legislation? If so, what initiatives have already been taken and what additional action will the Commission take to ensure that the EFA acquires the power of delegated legislation? If not, is the Commission opposed to the granting of the power of delegated legislation to the EFA and on what grounds?

Joint answer to Written Questions E-1121/00, E-1124/00, E-1126/00, E-1129/00, E-1130/00, E-1131/00, E-1132/00, E-1135/00, E-1136/00, E-1137/00, E-1138/00 and E-1139/00 given by Mr Byrne on behalf of the Commission

(8 June 2000)

In the White Paper on Food Safety(1), the Commission set out the general guidelines it intends to adopt concerning the future establishment of the European Food Authority and invited all the parties concerned to respond and contribute to the discussion during the consultation period. Regarding many of the points raised by the Honourable Member, the Commission is unable to finalise its proposals or fix the details of operational mechanisms until it has had an opportunity to consider the opinions expressed during the consultation procedure.

However, with regard to the question of responsibilities, the White Paper states that risk assessment, the gathering of data and providing information to consumers in areas for which the Authority is responsible should be a matter for that Authority. For legal reasons and reasons of democratic responsibility, the Commission believes that, under the current framework, the transfer of regulatory powers to an independent authority cannot be justified. However, any future extension of the Authority's powers would have to be considered in the light of the Commission's assessment of the Authority's performance and the degree of confidence that it has generated without ruling out a possible need to amend the Treaty.

(1) COM(1999) 719 final.