European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council regulation laying down the general principles and requirements of food law, establishing the European Food Authority and laying down procedures in matters of food safety (10880/1/2001– C5-0414/2001 — 2000/0286(COD))
Date: 2001-12-11
Institutions: European Parliament
Subjects: European Food Safety Authority, consumer protection, food inspection, foodstuffs legislation

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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 principles and requirements of
food law, establishing the European Food Authority and laying down procedures in matters of
food safety (10880/1/2001 * C5-0414/2001 * 2000/0286(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (10880/1/2001- C5-0414/2001),

(cid:17) having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2000) 716) (2),

(cid:17) having regard to the amended Commission proposal (COM(2001) 475) (3),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 80 of its Rules of Procedure,

(cid:17) 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;

Calls on the Council to apply the following criteria in its decision-making procedure on the location

2.
of the European Food Safety Authority:

(cid:17) it should be, and be seen physically to be, independent of the Commission and other institutions;

(cid:17) it should have a long-standing tradition in food safety in order to lend credibility to the Authority in

the eyes of EU citizens;

(cid:17) it should enhance the Authority’s independence and integrity;

(cid:17) it should provide good scientific infrastructure and facilities in the field of food safety;

(cid:17) it should be easily accessible in terms of communications and have good and rapid transport connec-

tions;

(cid:17) it should enable the Authority to work closely and efficiently with those Commission services which

deal with public health and consumer protection issues;

(cid:17) 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.

‘Texts Adopted’, 12.6.2001, Item 1.

(1)
(2) OJ C 96 E, 27.3.2001, p. 247.
(3) OJ C 304 E, 30.10.2001, p. 273.

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AMENDMENTS
BY PARLIAMENT

Amendment 1
Title

Proposal for a regulation of the European Parliament and of the
Council regulation laying down the general principles and
food law, establishing the European Food
requirements of
Authority and laying down procedures in matters of
food
safety

Proposal for a European Parliament and Council regulation lay-
ing down the general principles and requirements of food 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 role
in the prevention of potential health risks for citizens.

Amendment 38
Recital 40

effect

(40) To that
the Management Board should be
appointed in such a way as to secure the highest standard of
competence, a broad range of relevant 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 choice
of candidates on the basis of a list drawn up by the Commis-
sion in an open and transparent manner. In order to build a
relationship of confidence and transparency with the general
public it is appropriate for a quarter of the members to have
their background in organisations representing consumers
and other interests in the food chain.

effect

(40) To that
the Management Board should be
appointed in such a way as to secure the highest standard of
competence, a broad range of relevant 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 countries
of origin of the members of the Management Board without
any post being reserved for nationals of any specific Member
State.

Amendment 30
Article 1, paragraph 1

1.
This Regulation provides the basis for the assurance of a
high level of protection of human 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 of food and
feed safety.

1.
This Regulation provides the basis for ensuring a high
level of protection of human 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 organisational
arrangements and procedures to underpin decision-making in
matters of food and feed safety.

Amendment 32
Article 6, paragraph 3

3.
Risk management shall take into account the results of
risk assessment, and in particular, the opinions of the Auth-
ority referred to in Article 22, other factors legitimate to the

3.
Risk management shall take into account the results of
risk assessment, and in particular, the opinions of the Auth-
ority referred to in Article 22, other factors legitimate to the

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AMENDMENTS
BY PARLIAMENT

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 Article 5.

Amendment 33

Article 7, paragraph 1

1.
In circumstances where, following an assessment of avail-
able information, the possibility of harmful effects on health
has been identified but scientific uncertainty persists, pro-
visional risk management measures necessary to ensure the
high level of health protection chosen in the Community may
be adopted, pending further scientific information for a more
comprehensive risk assessment.

1.
In specific circumstances where, following an assessment
of available information, the possibility of harmful effects on
health is identified but scientific uncertainty persists, pro-
visional risk management measures necessary to ensure the
high level of health protection chosen in the Community may
be adopted, pending further scientific information for a more
comprehensive risk assessment.

Amendment 7

Article 9

There shall be public consultation, directly or through repre-
sentative bodies, at an appropriate stage, during the pre-
paration of food law, except where the urgency of the matter
does not allow it.

There shall be open and transparent public consultation,
directly or
through representative bodies, during the pre-
paration, evaluation and revision of food law, except where
the urgency of the matter does not allow it.

Amendment 31

Article 13, 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

Article 19, paragraph 1

1.
If a food 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 the
competent authorities thereof. Where the product may have
reached the consumer, the operator shall effectively and accu-
rately inform the consumers of the reason for its withdrawal,
and if necessary, recall from consumers products already sup-
plied to them when other measures are not sufficient to achieve
a high level of health protection.

1.
If a food 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 the
market and inform the competent authorities thereof. Where
the product may have reached the consumer, the operator
shall effectively and accurately inform the consumers of the
reason for its withdrawal, and if necessary, recall from them
products already supplied when other measures are not suffi-
cient to achieve a high level of health protection.

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AMENDMENTS
BY PARLIAMENT

Amendment 35

Article 19, paragraph 3

3.
A food business operator shall immediately inform the
competent authorities if it considers or suspects that a food
which it has placed on the market may be injurious to human
health. Operators shall inform the competent authorities of the
action taken to prevent risks to the final consumer.

3.
A food business operator shall immediately inform the
competent authorities if it considers or has reason to believe
that a food which it has placed on the market may be injurious
to human health. Operators shall inform the competent auth-
orities of the action taken to prevent risks to the final con-
sumer and 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

Article 20, paragraph 1

1.
If a feed business operator considers or suspects that a
feed which it has imported, produced, processed, manufactured
or distributed does not satisfy the feed safety requirements, it
shall immediately initiate procedures to withdraw the feed in
question from the market and inform the competent auth-
orities thereof. The operator shall effectively and accurately
inform users of the feed of the reason for its withdrawal, and
if necessary, recall from them products already supplied when
other measures are not sufficient to achieve a high level of
health protection.

1.
If a feed 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 safety
requirements, it shall immediately initiate procedures to with-
draw the feed in question from the market and inform the
competent authorities thereof. In these circumstances or, in
the case of Article 15(3), where the batch, lot or consignment
does not satisfy the feed safety requirement, that feed shall
be destroyed, unless the competent authority is satisfied
otherwise. The operator shall effectively and accurately inform
users of the feed of the reason for its withdrawal, and if necess-
ary, recall from them products already supplied when other
measures are not sufficient to achieve a high level of health
protection.

Amendment 36

Article 20, paragraph 3

A feed business operator shall

immediately inform the
3.
competent authorities if it 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 the
action taken to prevent risk arising from the use of that feed.

A feed business operator shall

immediately inform the
3.
competent authorities if it 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 of the action taken to prevent risk arising from the use
of that feed and shall not prevent or discourage any person
from cooperating, in accordance with national law and legal
practice, with the competent authorities, where this may pre-
vent, reduce or eliminate a risk arising from a feed.

Amendment 13

Article 22, paragraph 8

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.

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AMENDMENTS
BY PARLIAMENT

Amendment 14
Article 23, 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 risk
assessment opinions;

Amendment 37
Article 25, paragraph 1

1.
The Management Board shall be composed of 16 mem-
bers appointed by the Council in consultation with the Euro-
pean Parliament from a list drawn up by the Commission
which includes a number of candidates substantially higher
than the number of members to be appointed, plus a represen-
tative of the Commission. A quarter of the 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-
bers appointed by the Council in consultation with the Euro-
pean Parliament from a list drawn up by the Commission
which includes a number of candidates substantially higher
than the number of members to be appointed, plus a represen-
tative of the Commission. Four of the members shall have their
background in organisations representing consumers and other
interests in the food chain.

The list drawn up by the Commission, accompanied by the
relevant documentation, shall be forwarded to the European
Parliament. As soon as possible and within three months of
such communication, the European Parliament may make its
views available for consideration by the Council, which will
then appoint the Management Board.

The members of the Board shall be appointed in such a way as
to secure the highest standards of competence, a broad range
of relevant expertise and the broadest possible geographic dis-
tribution within the Union.

The members of the Board shall be appointed in such a way as
to secure the highest standard of competence, a broad range of
relevant expertise and, consistent with these,
the broadest
possible geographic distribution within the Union.

Amendment 16
Article 25, paragraph 2

2. Members’ term of office shall be four years. However, for
the first mandate, this period shall be six years for half of the
members.

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
Article 25, paragraph 10

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 meetings
without voting rights.

Amendment 40
Article 26, paragraph 1

1.
The Executive Director shall be appointed by the Manage-
ment Board, on the basis of a list of candidates proposed by
the Commission after an open competition, following pub-

1.
The Executive Director shall be appointed by the Manage-
ment Board, on the basis of a list of candidates proposed by
following pub-
the Commission after an open competition,

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lication in the Official Journal of the European Communities
and elsewhere of a call for expressions of interest, for a period
of five years which shall be renewable. The Executive Director
may be removed from office by the Management Board.

AMENDMENTS
BY PARLIAMENT

lication in the Official Journal of the European Communities
and elsewhere of a call for expressions of interest, for a period
of five 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 of
that institution The Executive Director may be removed from
office by a majority of the Management Board.

Amendment 19
Article 27, paragraph 5

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 and
shall 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 request
of at least a third of its members. Its operational procedures
shall be specified in the Authority’s internal rules and shall be
made public.

Amendment 41
Article 38, paragraph 2

2.
The Management Board, acting on a proposal from the
Executive Director, may decide to hold some of its meetings in
public and may authorise consumer representatives or other
interested parties to observe the proceedings of some of the
Authority’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 of some of the
Authority’s activities.

Amendment 21
Article 40, paragraph 3, subparagraph 1a (new)

The Authority shall publish, in accordance with Article 38,
all opinions issued by it.

Amendment 22
Article 43, paragraph 1

The revenues of the Authority shall consist of a contribu-
1.
tion from the Community and, in addition, any fees received
by the Authority in payment for the services it provides.

The revenues of the Authority shall consist of a contribu-
1.
tion from the Community and from any State with which the
Community has concluded the agreements referred to in Arti-
cle 49, and fees charged for publications, conferences, train-
ing and any other similar activities provided by the Auth-
ority.

Amendment 23
Article 43, paragraph 5

5.
By 31 March each year at the latest, the Management
Board shall adopt the draft estimates including the provisional
list of posts accompanied by the preliminary work programme
and forward it to the Commission, which on that basis shall
enter the relevant estimates in the preliminary draft general
budget of the European Union to be put before the Council
pursuant to Article 272 of the Treaty.

5.
By 31 March each year at the latest, the Management
Board shall adopt the draft estimates including the provisional
list of posts accompanied by the preliminary work programme
and forward them to the Commission and the States with
which the Community has concluded the agreements referred
to in Article 49. On the basis of that draft, the Commission
shall enter the relevant estimates in the preliminary draft gen-
eral budget of the European Union to be put before the Coun-
cil pursuant to Article 272 of the Treaty.

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AMENDMENTS
BY PARLIAMENT

Amendment 24
Article 45

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 a
Community 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
the Member States and the interested parties, a
Authority,
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
Article 50, paragraph 1

A rapid alert system for the notification of a direct or
1.
indirect risk to human health deriving from food or feed is
hereby established as a network. It shall involve the Member
States, 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 of the network.

A rapid alert system for the notification of a direct or
1.
indirect risk to human health deriving from food or feed is
hereby established as a network. It shall involve the Member
States, 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 of the network. The Com-
mission shall be responsible for managing the network.

Amendment 42
Article 51

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 measures
in particular, the specific conditions and pro-
shall specify,
cedures applicable to the transmission of notifications and
supplementary 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).
in particular, the specific con-
These measures shall specify,
ditions and procedures applicable to the transmission of notifi-
cations and supplementary information.

(i)

suspension of the placing on the market of the food in
question;

(i)

suspension of the placing on the market or use of the food
in question;

Amendment 26
Article 53, paragraph 1, point (a), indent (i)

Amendment 44
Article 53, paragraph 2, subparagraph 2

As soon as possible, and a most within 10 working days, the
measures taken shall be confirmed, amended,
revoked or
extended in accordance with the procedure referred to in Arti-
cle 58(2).

As soon as possible, and at most within 10 working days, the
measures taken shall be confirmed, amended,
revoked or
extended 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.