January 2007 update on Commission review of EU food hygiene legislation
Thursday 4 January 2007
At the latest meeting of the Commission Working Group on Veterinary Legislation, the Commission indicated its intention to begin a review of the EU food hygiene legislation and to consider whether further amendments to the legislation might be needed (for a report of this meeting, please see the link below).
This alerts you to these developments and the Commission's plans for stakeholder engagement.
Scope
At the meeting the Commission indicated that it was still considering and debating the scope of this exercise. It outlined three broad options:
- to review the operation of the legislation and make a report to the Council and the European Parliament without bringing forward legislative proposals
- to review the legislation and report to the Council and the European Parliament, bringing forward any proposals that needed to be adopted under the co-decision procedure (i.e. amendments to the Articles of Regulations 852/2004, 853/2004 and 854/2004 and to Annex I to Regulation 853/2004)
- to review the legislation and report to the Council and the European Parliament, bringing forward any proposals to amend the legislation, including those that the Commission could adopt under the comitology arrangements
The Commission clearly indicated that it favoured one of the first two options, since it is already able to propose changes to the other annexes of the regulations under comitology without the involvement of the Council and Parliament.
Commission stakeholder consultation
The Commission explained that it intends to seek the initial views of stakeholder organisations at the next meeting of the Committee of the Food Chain scheduled for 12 January 2007. It intends to discuss the issue further with Member States in the Commission Working Group on Veterinary Legislation at a meeting scheduled for the end of January 2007 (possibly 30 January).
Timing
The obligation in the legislation for the Commission to produce a report requires that this should happen by 20 May 2009. Since this coincides with European Parliament elections, the Commission is working on the basis of producing its report and any proposals by the end of 2008. Consideration of any proposals requiring agreement under the co-decision arrangements would begin in the latter part of 2009, with a view to their adoption at the end of 2009 (coinciding with the end of the transition period provided for in the transitional measures).
Initial UK views
The UK view is that the new hygiene legislation introduced some key principles concerning the ways in which food should be produced safely. Since the legislation has only been operating since the start of 2006, we have not been made aware of any issues that indicate fundamental difficulties with the flexible, risk-based approach of the legislation. Where we have become aware of issues that need to be addressed, we have tackled these in guidance to industry and to enforcers as appropriate.
We do not therefore consider that there is, at this early stage, sufficient Member States experience, or evidence, to make a judgement on whether there is a need for a fundamental overhaul of the legislation. We will be studying carefully any suggestions for amendments which would serve to introduce unnecessary prescription without any analysis that shows they secure improved public health protection.
FSA stakeholder consultation
The FSA will consult formally on any proposals that emerge from the Commission. In the meantime, if you would like to offer comments on the scope of the Commission's review of the EU food hygiene legislation please contact:
Catherine Bowles
Food Hygiene Implementation Division
Room 417 Aviation House
125 Kingsway
London WC2B 6NH
Tel: 020 7276 8952
Fax: 020 7276 8463
Email: catherine.bowles@foodstandards.gsi.gov.uk