Amended proposal for a COUNCIL DIRECTIVE on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food
Date: 1992-03-30
Institutions: European Commission
Subjects: consumer survey, cooperation policy, human nutrition, public health, scientific cooperation, standing committee (EU)

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(92) 128  final  - SYN 332 

Brussels,  30 March  1992 

Amended  proposal  for a 

COUNCIL DIRECTIVE 

on assistance  to the Commission  and cooperation by  the 

Member  States  in the scientific  examination  of  questions 

relating  to  food 

(presented  by  the Commission  pursuant  to Article  149(3) 
of  the  EEC-Treaty) 

fer-'-

T 

Sf 

'c  -

EXELANAIQBY_MEMQBAMDI1M 

1 .  This  modified  proposal  introduces  those  amendments 
voted  on  12  March  1992  by  the  European  Parliament  which, 
in  some  cases  having  been  subjected  to  editorial  changes, 
the  Commission  can  accept. 

The  modifications  concern  the  following  points  and  are 
acceptable  for  the  reasons  stated: 

the  introduction  of  recitals  and  amendments  to 
articles  which  clarify  the  scope  of  the  directive; 

the  introduction  of  a  more  equitable  basis  for  the 
distribution  to  the  institutes  in  the  Member  States  of 
the  tasks  envisaged  to  be  subject  to  the  scientific 
co-operation; 

the  introduction  of  an  undertaking  to  establish  an 
inventory  of  the  relevant  scientific  expertise  within 
the  European  Community  and  to  encourage  the 
maintainance  of  that  expertise  by  a  process  of  peer 
review; 

clarification  of  the  procedure  by  which  the  programme 
of  work  to  be  subject  to  the  scientific  co-operation 
will  be  determined; 

the  introduction  of  an  undertaking  to  inform  the 
Parliament  of  the  operation  of  the  scientific  co 
operation  on  a  regular  basis; 

further  definition  of  the  principal  tasks  to  be 
carried  out  under  the  scientific  co-operation. 

2.  The  following  amendments  were  not  acceptable  to  the 
Commission  and  for  the  following  reasons: 

recitals  relating  to  the  overall  structure  of 
Community  food  policy  and  which  are  therefore  not 
appropriate  to  the  scope  of  the  proposal; 

recitals  and  amendments  to  articles  instituting 
consumer  involvement  which  is  not  appropriate  in  view 
of  the  strictly  scientific  nature  of  the  examination 
of  the  questions  envisaged  by  the  proposal; 

the  introduction  of  a  Community  system  of  appraisal 
and  accreditation  of  scientific  institutes  in  the 
Member  States  which  is  an  unnecessary  assumption  of 
responsibilities  best  left  to  the  Member  States; 

-  y 

the  introduction  of a measure  of public  access  to the 
proceedings  relating  to  the  scientific  examination  of 
questions  relating  to foodstuffs  and  the  personal 
interests  of  the members  of  the  Scientific  Committee 
for  Food  which  goes beyond  that  reasonably  necessary 
for  the proper  and  smooth  operation  of  the  scientific 
co-operation. 

' A-

Amended 

Proposal  for a 

COUNCIL  DIRECTIVE 

on assistance  to the Commission and cooperation by  the 

Member  States  in the scientific examination of  questions 

relating  to food 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to the Treaty establishing  the European  Economic Community, 

and  in particular  Article  100a thereof, 

Having  regard  to the proposal  from  the Commission,1 

In cooperation with  the European  Parliament,2 

Having  regard  to the opinion of  the Economic and Social  Committee,3 

Whereas  the completion  and smooth operation of  the  internal  market  for 

foodstuffs make  it necessary  to examine and evaluate scientific questions 

relating  to food  in disciplines such as medicine, nutrition, toxicology, 

food contamination, microbiology, novel  foods and processes, hygiene, food 

quality,  labelling, methods of  analysis, risk  assessment  techniques, and 

inspection and enforcement, particularly when  these questions concern  human 

health; 

Whereas consumers are entitled  to a Community  food policy which  promotes 

safe food particularly  regarding  nutritional, microbiological  and 

toxicological  issues: 

1  O.J. No. C 108, 23.4.1991, p.7 

2 

3  O.J. No. C  14, 20.1.1992, P.6 

"<7  " 

Whereas  in order  to assist  with  this  task  the Commission  set  up a 

Scientific Committee  for  Food  by Decision 74/234/EEC;1 

Whereas  consultation  of  this Committee  is currently  required,  in relation 

to questions of  public health, by  a number  of  Directives such  as  those on 

dietetic  foodstuffs, materials  and articles  intended  to come  into contact 

with  foodstuffs, additives,  flavourings  and extraction  solvents; 

Whereas 

the Sclent ific 

Committee 

for Food  should  be 

involved 

much  more 

widely i 

i n Commun i t y 

policies 

that 

: affect  food, diet 

and publ 

ic 1 

health: 

Whereas 

the 

process 

of 

achieving 

a satisfactory  scientific  b 

for  matters 

relating  to 

food sai 

fetv 

'  must, , in 

the interests of  consumers 

industry  be 

ase 
and 

independent, transparent  and  effective: 

Whereas  in order  to ensure  the smooth  running of  this Committee  the 

Commission  needs scientific  support  from  the Member  States; 

Whereas  the Commission  also needs scientific  and  logistical  support  for 

other  questions of  public  interest  essential  to the operation  of  the 

internal  market, such  as the handling of  incidents  involving  food 

contamination and public controls  and  in general  where  it  is necessary  to 

lay down new  rules concerning  foodstuffs which may  affect  human  health; 

Whereas,  in order  to ensure  that  these  tasks are carried  out,  the 

Commission  must  have open  access  to the  information and  assistance 

available  in the Member  States, which  must  facilitate  the accomplishment  of 

its work  in an open  way: 

Whereas  the completion  of  the  internal  market  and  the need  to protect 

standards  in the Community  must  give  rise  to  increased  participation of  the 

Community  represented  by  the Commission  in the meetings  and work  on 

foodstuffs of  international  organisations such  as  the WHO,  FAO,  JECFA, 

GATT, Council  of  Europe, OECD  and  also  in bilateral  relations; 

1  O.J. No. L  136, 20.5.1974, p.1 

-/ 

-

Whereas  in the Member  States  there are various  institutions whose  task  is 

to provide  their governments with  scientific back-up on  questions 

concerning  foodstuffs; whereas  it  is necessary  to use  these  resources 

effectively  to support  Community  activities  through  cooperation; 

Whereas  there must  therefore be an approximation of  the  provisions 

governing  these bodies  in order  that  they may cooperate directly  with  the 

Commission with  the aim especially of  drawing up future  rules to ensure  the 

free movement of  foodstuffs, on  the basis of all  the scientific  data 

available; 

Whereas  it  is necessary  to enhance and  strengthen  the remit  and  expertise 

of  the Scientific Committee  for  Food, particularly with  the aim of 

increasing  the effectiveness of  the EC  in food  issues: 

Whereas  it  is necessary  to make provision  for  third countries to 

participate  in this cooperation; 

Whereas  the Commission  must  be responsible  for  the management  of  this 

cooperation and  the Member  States  for  their  part must  assist  in this task, 

in the context of  the Standing Committee for  Food. 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

1. 

Member  States shall  take  the necessary measures  to adapt  the  laws, 

regulations and administrative provisions which  govern, in 

particular, the functioning of  their  competent  authorities and 

bodies so as to enable  them  to cooperate with  the Commission  and 

lend  it the assistance  it needs  in the scientific  examination of 

questions of  public  interest  relating  to food, particularly  in the 

field of public health, through  disciplines such  as medicine, 

nutrition, toxicology, biology, microbiology, biotechnology, novel 

foods and processes, methods of  analysis, risk  assessment 

techniques, physics and  chemistry. 

-I 

2.  (a)  This Directive  shall  apply  when  a Council  act  requires  the opinion 

of  the Scientific Committee  for  Food. 

(b)  For  the purposes of  the completion  and operation of  the  internal 

market  this Directive shall  also  apply  to any  question  relating  to 

the protection of  the health  and  safety of  persons  arising  from  the 

consumption  of  food,  in particular  the composition  of  food, 

processes which  are  liable  to modify  food,  the use of  food 

additives and other  processing  aids as well  as  the presence of 

contaminants  and  the nutritional  impact  of Community  legislation on 

diet  and  health. 

Article  2 

1. 

Each Member  State shalI  designate  the authority or  body which wi11 

be  responsible  for  the cooperation with  the Commission  and  for 

distribution of  work  to appropriate  Institutes within Member  States 

as regards  the  tasks  laid down  in Article 3 and  shall  notify  the 

Commission  accordingly. 

2. 

The  tasks  to be carried out  In accordance with  the  inventory of 

tasks adopted  in accordance with  Article  3(2) 1st  indent, shall  be 

distributed  between  the  responsible  authorities or  bodies mentioned 

in paragraph  1. by common  agreement  between  the Commission  and  the 

competent  authorities or  bodies of  the Member  States on  the  basis 

of  scientific  expertise  and within  the  limits set  by  the  resources 

available  in the Member  States. 

3. 

The Commission  shall  also: 

a)  Initiate a Community  inventory  of  scientific  expertise  and 

excellence on  these  issues. 

b) Encourage  international  peer  review assessment  of  such 

laboratories  and personnel. 

e-

Article  3 

1~ 

The principal  tasks to be carried  out  by  the designated  authorities 

or bodies participating  in the cooperation  are  listed  in the Annex. 

2. 

The  following measures shall  be executed  in accordance with  the 

procedure  laid down  in Article 5: 

-  establishment, and updating  at  least every  six months, of  the 

inventory of  tasks and  their  associated  priorities; 

-  establishment of  rules  for  the administrative management  of  the 

cooperat ion; 

-  establishment of  rules  for  the appraisal  of  requests for 

scientific assessment  submitted  to the Commission or  to Member 

States  in accordance with Council  acts which  require  the 

consultation of  the Scientific Committee  for  Food; 

Article  4 

The Commission may, after  consultations with  the authorities or bodies 

mentioned  in Article 2(1). invite third  countries  to participate  in the 

carrying out of  the tasks mentioned  in Article  3(2). 1st  indent. 

Article  5 

The Commission shall  be assisted  by  the Standing Committee on Food  set up 

by Council  Decision 69/414/EEC.1 

1  O.J. No. L 291, 19.11.1969, p.9 

- 9-

The Commission  representative shall  submit  to the Committee  a draft  of  the 

measures  to be  taken.  The Committee  shall  deliver  its opinion  on  the draft 

within  a time  limit which  the chairman may  lay down  according  to the 

urgency of  the matter,  if necessary  by means of vote. 

The opinion  shall  be  recorded  in the minutes;  in addition, each  Member 

State shall  have  the  right  to ask  for  its position  to be  recorded  in the 

minutes. 

The Commission  shall  take  the utmost  account  of  the opinion  delivered  by 

the Committee.  It shall  inform  the Committee  of  the manner  in which  its 

opinion  has been  taken  into account. 

Article  Sb 

The Commission  shall  report  to the European  Parliament  on  the structures, 

work  and efficiency  of  the Scientific Committee  for  Food within  three  years 

of  the  implementation of  this Directive  and every  three  years  thereafter. 

Article  6 

Member  States shall  bring  into force  the  laws, regulations  and 

administrative provisions necessary  to comply  with  this Directive  before 1 

January  1993.  They  shall  forthwith  inform  the Commission  thereof. 

When Member  States adopt  these provisions,  these shall  contain  a  reference 

to this Directive or  shall  be accompanied  by  such  reference  at  the  time of 

their official  publication.  The procedure  for  such  reference  shall  be 

adopted by Member  States. 

- y f C-

Artlcle  7 

This Directive  is addressed  to the Member  States 

Done at Brussels, 

For  the Council 

The President 

-H-

A N  N EX 

The  principal  tasks  to be carried  out  by  the designated  authorities or 

bodies participating  in the cooperation  shall  include: 

drawing up protocols  for  the assessment  of  risks relating  to food 

components  and elaborating  methods of  nutritional  evaluation. 

- 

assessing  the nutritional  adequacy  of  the  diet. 

examining  test  data  submitted  to a Member  State or  to the  Commission 

under  the requirements of  a Community  act  and  the production  of a 

monograph  for  assessment  by  the Scientific Committee  for  Food; 

carrying out  food  intake surveys, particularly  those  necessary  for  the 

determination or evaluation  of  the conditions of use of  food  additives 

or  the  laying  down of  limit  values  for  other  substances  In food; 

- 

conducting  investigations relating  to components  of  diets or of 

biological  or  chemical  food  contaminants; 

carrying  out  scientific work  in relation  to food  control, and  in 

particular  that  arising  from  the programmes  of  official  inspection 

laid down under  Directive  89/397/EEC; 

collecting  and  storing  data  relating  to the abovementioned  activities 

for  assessment  by official  bodies or, where  appropriate, by  the 

pub lie; 

helping  the Commission  honour  the Commity's  international  commitments 

by providing  expertise on  food  safety  questions. 

ISSN 0254-147! 

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