EU Food Law Framework: The European Food Safety Authority (EFSA) and the Standing Committee on the Food Chain and Animal Health

1 The European Food Safety Authority

The European Food Safety Authority (EFSA) was established under Article 22 of general food law Regulation (EC) 178/2002 and is an independent European agency funded by the EU but which operates separately from the European Commission, European Parliament and EU Member States. It is based in Parma, Italy where it was established in 2003.

EFSA is run by an independent Management Board whose 14 members are appointed by the Council to act in the public interest and do not represent any government, organisation or sector and to whom the Executive Director of EFSA reports. The Board sets EFSA’s budget, approves the annual work programme and is responsible for ensuring that EFSA works effectively and co-operates successfully with partner organisations across the EU and beyond.

The Advisory Forum includes a representative of the national food agency in each Member State and advises on the performance of the Executive Director.

The Scientific Committee includes the chairs of the Scientific Panels and six independent scientific experts who do not sit on any of the Scientific Panels. Appointments are made by the Management Board on the recommendation of the Executive Director.

The permanent Scientific Panels provide risk assessments and scientific opinions and are constituted to deal with the following areas:¹

1. Food additives and nutrient sources added to food.

2. Additives and products or substances used in animal feed.

3. Plant protection products and their residues.

4. Genetically modified organisms.

5. Dietetic products, nutrition and allergies.

6. Biological hazards.

7. Contaminants in the food chain.

8. Animal health and welfare.

9. Plant health.

10. Food contact materials, enzymes, flavourings, and processing aids.

 

EFSA’s principal roles are to:

1. Assess risks and identify emerging risks through gathering information, undertaking analysis and providing independent scientific advice on all matters having an impact on food safety along the entire food chain.

2. Communicate risks associated with the food chain and ensure that consumers are kept informed about food related matters and scientific advice is widely available.

A large part of EFSA’s work is undertaken in response to specific requests for scientific advice, although other circumstances are provided for in Article 29. Requests can be made by the European Commission, the European Parliament and EU Member States. EFSA also undertakes scientific work on its own initiative.

There is also a mutual obligation placed on EFSA and competent bodies undertaking similar functions in Member States to cooperate.

EFSA has no responsibility for risk management since this would relate to legislation and control which neither the Commission nor Member States were prepared to concede in such an important area.

Recently, in early 2012, EFSA introduced new rules² on the treatment of conflicts of interest following criticism of its independence but critics argue these did not go far enough.³

 

2 Standing Committee on the Food Chain and Animal Health

The Standing Committee appointed under Article 58 of Regulation (EC) 178/2002 was established “(i)n order to ensure a more effective, comprehensive approach to the food chain”.⁴ The Committee comprises representatives of the Member States and the Chair is an official of the Commission.

The Commission is required to act under Article 53 where it is evident that food or feed originating in the EU or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned. The measures it may take, in the case of food or feed of EU origin are:

1. Suspension of the placing on the market or use of the food in question.

2. Suspension of the placing on the market or use of the feed in question.

3. Laying down special conditions for the food or feed in question.

4. Any other appropriate interim measure.

In the case of food or feed imported from a third country:

1. Suspension of imports of the food or feed in question from all or part of the third country concerned and, where applicable, from the third country of transit.

2. Laying down special conditions for the food or feed in question from all or part of the third country concerned.

3. Any other appropriate interim measure.

Generally, the Commission can only take these measures with the approval of the Standing Committee. In an emergency the Commission may take measures but these must be submitted to the Standing Committee for confirmation, amendment, revocation or extension within 10 working days.