IP ERASMUS 2013IP ERASMUS 2013GLOBAL FOOD LAW AND QUALITYGLOBAL FOOD LAW AND QUALITY

Prof. Ferdinando AlbisinniProf. Ferdinando Albisinni

Viterbo 4Viterbo 4--15 February 201315 February 2013

Viterbo Viterbo –– February 4, 2013February 4, 2013PRESENTATION OF THE IPPRESENTATION OF THE IP

INTRODUCTION TO EU AND INTRODUCTION TO EU AND NATIONAL FOOD LAWNATIONAL FOOD LAW

Presentation of the IP

Issues that will be discussed during the IP have been selected to offer systemic information on the principal topics that have emerged during these first years of EFL, therefore considering legal framework,concurrence and internal market, definitions, European and national institutions, disciplines common to other areas of European legal system but taking on a peculiar shape when referred to EFL (from consumer protection, to labelling trade marks and patents, rapid alert system), specific disciplines of this area of legal experience (like PDOs and PGIs, organic products, health claims, genetically modified food).

The workgroups on cases and legislation aim to facilitate further researches on the topics discussed.

THE PATH TO THE EUROPEANFOOD LAW SYSTEM

Food safety and Food security were not expressly mentioned in the original text of the EEC Treaty.

The substance of Food security was mentioned among the express objectives of the Common Agriculture Policy (CAP), whichincluded those “to assure the availability of supplies” and “to ensure that supplies reach consumers at reasonable prices”

The origins: common market and health protectionin the first steps of approximation

Directive 62/2645/EEC of 1962, on colouring mattersauthorised for use in foodstuffs intended for humanconsumption.

The Legal basis

Article 100TEECs,

Council, “acting unanimously on a proposal from the Commission [to] issue directives for the approximation of such provisions laid down by law, regulation or administrative actionin Member States as directly affect the establishment or establishment or functioning of the common marketfunctioning of the common market””..

Directive 64/54/EEC

introduced provisions for the approximation ofnational legislation on preservatives used in foodstuffs intended for human consumption, withthe even clearer specification that the value of“health protection” is so prominent, that even“economic and technological needs” can be taken in consideration only “so far as health protection allows”:

become passepartout tools, capable of later introducing onto the playing field of European legislation issues - like public health

and consumer protection

• Common market

• Competition

• Free movement of foodstuffs

On the legal basis of CAP already in the ’60s, twoRegulations on quality of food:

1) Regulation No 136/66/EEC on olive oil;

2) Regulation No 804/68 on milk and milk products;

The ‘70s: partial approximation and CAP measures

Double legal basis art. 43 and art. 100 TCEE

Harmonisation of rules for specific food products(honey, fruit juices, fruit jam, preserved milk, jelliesand marmalades)

Article 43 played a decisive role into the rule-making process of food law discipline, offering a sort of founding pillar

Directives of 1970,

1) 70/373/EEC of 20 July 1970 on the methods of sampling and analysis for the official control of feedingstuffs;2) 70/524/EEC of 23 November 1970 on additives in feeding-stuffs;3) 76/621/EEC of 20 July 1976relating to the fixing ofthe maximum level of erucic acid in oils and fats intendedfor human consumption;4) 76/895/EEC of 23 November 1976 relating to thefixing of maximum level for pesticide residues in and onfruit and vegetables

Only a few acts, in the end of the ‘70s, were approved on the basis of Article 100 alone, per se:

1) Directive 76/895/EEC of 23 November 1976 on materials and articles intended to come in contact with foodstuffs, and not on food products as such2) Directive 76/893/EEC of 23 November 1976 on coffee extracts and chicory extracts

The ‘80s: judicial interventionism

- the construction and consolidation of the judicialdoctrine of “mutual recognition” through the creative work of the Court of Justice;- the construction of the internal market, through theengagement of the European Institutions after theapproval of the Single European Act in 1986 and of theMaastricht Treaty in 1992

The ‘80s: judicial interventionism

- Dassonville;- Cassis de Dijon;- food names “pasta”; - food names “vinegar”

The ‘90s: internal marketthe Single Act (1986) and the Maastricht Treaty:

The introduction in the TEEC of Article 100aThe introduction in the TEEC of Article 100aon the adoption of “the measures for the approximation of the provisions laid down by law, regulation or administrative action in MS which have as their object the establishment and functioning of the internal market which assigned the regulatory competence to the majority of Council (co-decision procedure), instead of assigning it to the unanimity as requested by the original Article 100 TEEC

Further decisive steps in the construction of the EFL:

1) Directive 89/396/EEC on indications or marks identifying the lot to which a foodstuff belongs;2) Directive 89/397/EEC on on the official control of foodstuffs;

3) Directive 93/43/EEC on the hygiene of foodstuffs rules on ““howhowto doto do”” - H A C C P

Multiple goals of European food legislation

1) Regulation 2081/92 on PDOs and PGIs2) Regulation 2082/92 on certificates of specific character for agricultural products and foodstuffs

Both Regulations adopted on the basis of art. 43 TEEC

Food safety crises

and the new disciplinary Framework

Regulation 820/97, establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products.- Traceability- Large area labeling

REGULATION (EC) No 178/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 28 January 2002

- laying down the general principles and requirementsof food law, - establishing the European Food Safety Authority, and- laying down procedures in matters of food safe

Article 1Aim and scope

1. This Regulation provides the basis for the assurance of a high level of protection of human health and consumers' interest in relation to food, taking into account in particular the diversity in the supply of food including traditional products, whilst ensuring the effective functioning of the internal market. It establishes common principles and responsibilities, the meansto provide a strong science base, efficient organisationalarrangements and procedures to underpin decision-making in matters of food and feed safety.

Article 1Aim and scope

….

2. For the purposes of paragraph 1, this Regulation lays down the general principles governing food and feed in general, and food and feed safety in particular, at Community and nationallevel.

Article 13International standards

Without prejudice to their rights and obligations, the Community and the Member States shall:

(a) contribute to the development of international technicalstandards for food and feed and sanitary and phytosanitary standards;

(b) promote the coordination of work on food and feed standards undertaken by international governmental and non-governmental organisations;

Article 13International standards

(c) contribute, where relevant and appropriate, to the development of agreements on recognition of the equivalence ofspecific food and feed-related measures;

(d) give particular attention to the special development, financialand trade needs of developing countries, with a view to ensuringthat international standards do not create unnecessaryobstacles to exports from developing countries;

(e) promote consistency between international technicalstandards and food law while ensuring that the high level ofprotection adopted in the Community is not reduced.

Court of JusticeOctober 9, 2001

Directive 98/44/CE on bio-patents

Rio de Janeiro Convention, June 5, 1992, on protection of bio-diversity

UNECEwww.unece.org

Economic Commission for Europe of United Nations - 19475 Regional Commissions of UN

Aim: economic integration

Members: 56 countries; all European Countris plus Russia, USA e Uniti d’America, Canada, Azerbaigian, Tagikistan, Turkmenistan, Uzbekistan, Kazakistan, Kirghizistan.

Italy entered on December 14, 1955.

WTOMarrakech Treaty 1994

- Agreement on Agriculture- Agreement on Sanitary and PhytosanitryMeasures – SPS- Agreement on Technical Barriers to Trade – TBT- TRIPs Agreement on GIs

OIV2001

36 Member States and 12 observators

Adopts reccomendations

Codex Alimentarius

The Codex Alimentarius (or food code) is a joint programme of the FAO (the UN's Food and Agriculture Organisation) and the WHO (World Health Organisation),which lays down food health standards thatserve as a reference for international tradein foodstuffs.

Codex Alimentarius

Since 1994 and the entry into force of the WTO Agreements on Sanitary and Phytosanitary Measures (SPS Agreement) and on TechnicalBarriers to Trade (TBT Agreement), the legalrelevance of the Codex standards has increased. Indeed these two Agreements make reference tothose standards, meaning that the latter are used asthe basis for the evaluation of national measures and regulations.

Codex Alimentarius

At present, all Member States of the EuropeanUnion (EU), and, since the end of 2003, the European Community as such are members ofthe Codex Alimentarius Commission, which is the body in charge of updating the Codex.

COUNCIL REGULATION (EC) No 1234/2007of 22 October 2007

establishing a common organisation of agriculturalmarkets and on specific provisions for certain

agricultural products

(Single CMO Regulation)

Article 113 Marketing standards

1. Provision may be made by the Commission formarketing standards for one or more of the products ofthe following sectors:

(a) olive oil and table olives in respect of the productsreferred to in point (a) of Part VII of Annex I; (b) fruit and vegetables; (c) processed fruit and vegetables; (d) bananas; (e) live plants.

Article 113 Marketing standards

2. The standards referred to in paragraph 1:

(a) shall be established taking into account, in particular: (i) the specificities of the products concerned; (ii) the need to ensure the conditions for a smooth

disposal of those products on the market;(iii) the interest of consumers to receive adequate and

transparent product information including, in particular forproducts of the fruit and vegetables and processed fruit and vegetables sectors, the country of origin, the class and, where appropriate, the variety (or the commercial type) ofthe product;

Article 113 Marketing standards

(v) as regards the fruit and vegetables and the processedfruit and vegetables sectors, the Standard recommendationsadopted by the UN-Economic Commission for Europe(UN/ECE);

(b) may in particular relate to quality, grading into classes, weight, sizing, packaging, wrapping, storage, transport, presentation, marketing, origin and labelling. .

Article 120 f Authorisation criteria

When authorising oenological practices in accordance withthe procedure referred to in Article 195(4), the Commissionshall:

(a) base itself on the oenological practices recommendedand published by the International Organisation of Vineand Wine (OIV) as well as on the results of experimentaluse of as yet unauthorised oenological practices;

(b) take into account the protection of human health;

Article 120 f Authorisation criteria

(c) take into account the possible risk of consumers beingmisled due to their established expectations and perceptions, having regard to the availability and feasibilityof informational means to exclude such risks;

(d) allow the preservation of the natural and essentialcharacteristics of the wine and not cause a substantialchange in the composition of the product concerned;

(e) ensure an acceptable minimum level of environmentalcare;

European CommissionBrussels, 21.12.2010COM(2010) 799 final

Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL

establishing a common organisation of agriculturalmarkets and on specific provisions for certain

agricultural products

(Single CMO Regulation)

Article 159Conformity with the general marketing standard

1. For the purposes of this Regulation a product complieswith the "general marketing standard" if it is of sound, fair and marketable quality.

2. Where no marketing standards as referred to in Subsection III and in Council Directives 2000/36/EC26, 2001/112/EC27, 2001/113/EC28, 2001/114/EC29, 2001/110/EC30, 2001/111/EC31, were established, products listed in Annex I to this Regulation which are readyfor retail sale as human food as referred to in Article 3(7) ofRegulation (EC) No 178/2002 may only be marketed if theyconform to the general marketing standard.

Article 159Conformity with the general marketing standard

3. A product shall be considered as conforming to the general marketing standard where the product intendedto be marketed is in conformity with an applicablestandard, as appropriate, adopted by any of the international organisations listed in Annex XI.

Article 160Delegated powers

In order to address changes in the market situation, takinginto account the specificity of each sector, the Commissionmay, by means of delegated acts, adopt, modify and derogate from requirements related to the generalmarketing standard referred to in Article 159(1), and rules concerning the conformity referred to in paragraph 3 ofthat article.

A multilevelGlobal Food Law and

Quality System