FSAI Information Note20130701

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    Consultation Information Note

    Topic: Proposal for a new Regulation of the European Parliament and of the Council

    on official controls and other official activities performed to ensure the

    application of food and feed law, rules on animal health and welfare, plant

    health, plant reproductive material, plant protection products to replaceRegulation (EC) No 882/2004.

    Start date of consultation: Monday 1st

    July 2013

    Closing date of consultation: Monday 9thSeptember 2013

    Consultation details:

    On the 6th May 2013, the European Commission adopted a proposal for a draft regulation on

    official controls and other official activities performed which aims to strengthen the

    enforcement of health and safety standards across the agri-food chain.

    Currently, the legislative framework for the organisation of official controls is establishedthrough Regulation (EC) No. 882/2004 on official controls performed to ensure the

    verification of compliance with feed and food law, animal health and animal welfare rules.

    The new proposal replaces this legislation and aims to put in place a more robust, transparent

    and sustainable regulatory framework that is better fit for purpose which will repeal

    Regulation (EC) No 882/2004.

    The proposal is part of a package which also includes three major reviews to modernise

    animal health, plant health and plant reproductive material legislation. The proposal aims to

    simplify the overall legislative framework through better regulation by integrating the rules

    currently applicable to official controls in specific areas currently governed by separate setsof rules (e.g. controls on residues of veterinary medicinal products in live animals and animal

    products, and plant health controls) into the framework of the new official controlsRegulation.

    Some of the other main issues in the proposal are as follows:

    Broadened scope to include the whole agri-food chain. The new areas included areplant health, plant reproductive material and animal by products.

    A major element of the proposal deals with the issue of the financing of officialcontrols. Currently, mandatory inspection fees are only charged for official controlson certain businesses approved for processing meat, fishery products and milk and for

    the approval of feed establishments and for most controls at borders. There are alsomandatory charges for expenses arising from additional control activities in cases of

    non-compliance. The proposal maintains the current system of mandatory fees but

    will extend the rules to cover all official controls performed for agri-food business

    operators covering all aspects of the agri-food chain. However, it is proposed that

    enterprises employing fewer than 10 persons and whose annual turnover or balance

    sheet does not exceed EUR 2 million (micro-businesses) will be exempted from the

    payment of mandatory fees.

    New provisons aimed at improving the transparency on how the competent authoritiescarry out official controls and the outcome of these controls. This includes a

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