Transcript Prezentacja programu PowerPoint

Major food safety scares
* BSE crisis (1996 - present)
* dioxine crisis (1999 - 2000)
* FMD crisis (2001)
consumers lost confidence
 political repercussions
effect on food law
 EU law changed after these crises
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What is Dioxin?
• A group of chlorinated organic
compounds including dioxins, furans,
and some PCBs.
• Produced when materials containing
chlorine are burned.
• Occur naturally and from combustion of
fuels & waste, paper making, and other
chemical and industrial processes.
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Major Past Sources of Dioxins
(20th Century Problem)
• Chloralkali facilities
• Chlorinated herbicide and biocide
production
• Leaded gasoline
• Municipal, medical, and hazardous
waste incineration
• Chlorine bleaching of paper and pulp
products
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Recently Identified Sources
• Open burning of household waste
• Uncontrolled combustion
– forest fires and volcanos
• Metal refining
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Human Cancer
 Dioxin is a human carcinogen
 Exposure to TCDD increases the risk of
cancer at multiple sites
 Overall increased risk in occupational/accident
studies is 40-100%
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Human Non-cancer Effects
good evidence
chloracne acute or chronic
liver enzyme changes
reproductive hormone
changes
decreased testosterone
decreased libido
Chloracne in herbicide worker
Libido = sexual urge or desire
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Agent Orange (toxic defoliant used in Vietnam) contains
Dioxin. Dioxin acts like a hormone. It gets to the receptors in
the cells of a developing foetus before the normal hormones
and directs the cells to do crazy things. The end result has
been tens of thousands of deformed children and an even
greater number of miscarriages and stillbirths.
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U.S. Adult Average Daily Intake of
CDDs/CDFs/ Dioxin - Like PCBs
Vegetable fat
Other meats
Soil ingestion
Soil dermal contact
Poultry
Freshwater fish and
shellfish
6%
Pork
5%
19%
Marine fish and shellfish
Beef
7%
14%
1%
4%
Eggs
Inhalation
16%
21%
Milk
Dairy
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Public concern about the quality of animal food in general became a
hot issue in the media.
This forced the commission to ban certain recycling streams (like frying
oil) from entering the food chain, in order to prevent future contamination.
Later studies indicated that there was never a serious danger for
human health because the contaminated material was largely diluted
during the production of the animal feed.
Seven million chickens and fifty thousand pigs were slaughtered
and discarded.
Agent orange
deformities
Viktor Yushchenko before (L)
and after dioxin poisoning
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Many farms were closed down for months, and animal food products were
banned from the market.
During the investigation, questions were raised if the costs for destroying
the food and feedstock were necessary, as it seemed obvious that the
contaminated food had already passed through the food market during the
period January - May.
To protect the farmers, the Belgian government promised to compensate
the losses.
The crisis also damaged the export of Belgian animal products.
Many Belgians went shopping for meat and dairy products in foreign
countries.
The total costs of the food crisis are estimated at 625 million Euros.
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Introduction to EU law
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Structure: EU Institutions
• Council of EU (ministers, topic)
• European Council (heads of state)
• European Parliament (732 members
directly elected)
• European Commission (1 per state)
– Now 27 commissions
• European Court of Justice (1 per state)
• Court of Auditors
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European Institutions
Institutional Triangle: Decision Makers
European
Commission
Council of the EU
European Council
(heads of the
states)
European
Parliament
Advisory Committees
Economic &
Social Committee
Committee of the
Regions
Institutional triangle – make the decisions about EU law
European Court
of Justice
European Court
of Auditors
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The Role of the Commission
Initiate & negotiate draft legislation
Ensure implementation of EU policies
Apply EU laws
Represent the EU on the world stage
The Berlaymont, Commission headquarters
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Primary law
It’s a static law !!
The primary law is made up of the set of founding Treaties as
amended and adapted by a variety of other treaties and
instruments.
It consists mainly of:
the Treaties establishing the Communities and the European Union;
the major Treaties amending provisions governing the various
Communities and the Union;
the protocols annexed to those treaties, such as Protocol No 2 annexed to
the Treaty of Amsterdam, integrating the Schengen rules into the
Community;
additional treaties making changes to specific sections of the founding
Treaties;
the Treaties of accession of new Member States to the European
Communities and the European Union.
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Primary law
The Treaties establishing the Communities and the Union are:
the Treaty of Paris (18 April 1951);
the Treaties of Rome (Euratom Treaty and the Treaty establishing the European
Economic Community) (25 March 1957);
the Maastricht Treaty on European Union (7 February 1992).
The amending Treaties are:
the Single European Act (17 and 28 February 1986);
the Treaty of Amsterdam (2 October 1997);
the Treaty of Nice (26 February 2001);
the Treaty of Lisbon (13 December 2007) being ratified.
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Sources of secondary law
Secondary law comprises unilateral acts and agreements.
Unilateral acts can be divided into two categories:
(1) those listed in Article 249 of the Treaty establishing the
European Community:
regulations,
directives,
decisions,
opinions and
recommendations;
(2) Those not listed in Article 249 of the Treaty establishing
the European Community, i.e. "atypical" acts such as
communications and recommendations, and
white and green papers.
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A regulation is a legislative act of the European Union[that
becomes immediately enforceable as law in all member states
When a new country joins the EU
simultaneously.
they have to translate & apply
These regulations
Regulations are the most direct form of EU law - as soon as
they are passed. National governments do not have to take
action themselves to implement EU regulations.
They are different from:
•Directives - addressed to national authorities, who must
then take action to make them part of national law
• Decisions - apply in specific cases only, involving particular
authorities or individuals.
Regulations are passed either jointly by the EU Council and
European Parliament, and by the Commission alone.
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EU directives lay down certain end results that must be
achieved in every Member State. National authorities have to
adapt their laws to meet these goals, but are free to decide
how to do so. Directives may concern one or more Member
States, or all of them.
Each directive specifies the date by which the national laws
must be adapted - giving national authorities the room for
manoeuvre within the deadlines necessary to take account of
differing national situations.
Directives are used to bring different national laws into line
with each other, and are particularly common in matters
affecting the operation of the single market (e.g. product safety
standards).
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Decisions are EU laws relating to specific cases. They
can come from the EU Council (sometimes jointly with the
European Parliament) or the Commission.
They can require authorities and individuals in Member
States either do something or stop doing something, and
can also confer rights on them.
EU decisions are:
• addressed to specific parties (unlike regulations),
• fully binding.
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EU food law
EU food and feed laws cover:
How farmers produce feed and food
How plants are grown, and how pesticides are used
How ALL animals are fed, looked after, and
transported
How feed and food is processed, packaged,
and sold
How feed and food is labelled for consumers
“A World Class Food Safety System from the Farm to the Fork”
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Development European Food Law
(harmonisation of food law of the member states)
1st phase – vertical directives
Community food law was initiated by Council
Directive 62/2645 of 23rd October 1962.
Over the next twenty years the European
Commission dealt with the development of common
standards (relevant standards, technical
specifications) for food products.
The progress of harmonization of law in this way
was very slow due to the difficult negotiations of
technical details.
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Development European Food Law
2nd phase – horizontal directives
Due to many difficulties in the process of law harmonization
the Commission issued the 1985 "White Paper" which was a
program of common internal market.
The new laws have been created on the basis of legislation
in a "horizontal" system and depart from the applicable
standards of food composition, both nationally and
internationally.
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1st phase – vertical directives
work on specific products
2nd phase – horizontal directives
in order to make EU 1 big producer, directives are
common for every facility (same regulations)
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Development European Food Law
3rd phase – towards food safety law
A series of food scares during last years (BSE, Dioxin,
FMD)
Food safety crises have shown loopholes in E.U. food
safety legislation
Commission issued the 2000 "White Paper on Food
Safety”
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A radical new approach
To ensure EU highest standards
of food safety
Food safety “from farm to fork”
To restore and maintain public
confidence in our:
food supply
food science
food legislation
food control
To involve all interested parties
To promote better enforcement
To provide greater transparency to
consumers
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Proposals for structural changes
creation European Food Safety Authority
re-inforce the scientific basis of risk assessment
separate risk assessment from risk management
develop a new capacity for risk communication
strengthen co-operation with and between Member States
re-organization of Commission Services
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A document of fundamental importance for
European Food Law in the future is:
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
178/2002 – most imp regulations on food law !!!
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