IP ERASMUS 2014IP ERASMUS 2014GLOBAL FOOD LAW AND QUALITYGLOBAL FOOD LAW AND QUALITY

Prof. Ferdinando AlbisinniProf. Ferdinando Albisinni

Viterbo Viterbo -- FebruaryFebruary 33--15, 201415, 2014

Viterbo Viterbo –– February 3, 2014February 3, 2014PRESENTATION OF THE IPPRESENTATION OF THE IP

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

PresentationPresentation ofof the IPthe IPIssues 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 (fromconsumer protection, to labelling trade marks and patents, rapid alert system), specific disciplines of this area of legal experience (like PDOsand 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 EUROPEANTHE PATH TO THE EUROPEANFOOD LAW SYSTEMFOOD 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), which included those “to assure the availability of supplies”and “to ensure that supplies reach consumers at reasonable prices”

The origins: common market and healthprotection in the first steps of approximation

Directive 62/2645/EEC of 1962, on colouringmatters authorised for use in foodstuffs intendedfor 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 action in Member States as directly affect the establishment or functioning of the common marketestablishment or functioning of the common market””..

Directive 64/54/EEC

introduced provisions for the approximation of nationallegislation on preservatives used in foodstuffs intendedfor human consumption, with the even clearerspecification that the value of “health protection” is so prominent, that even “economic and technologicalneeds” can be taken in consideration only “so far ashealth protection allows”:

become

passepartoutpassepartout toolstools, 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 On the legallegal basisbasis ofof CAP CAP alreadyalready in the in the ’’60s60stwotwo RegulationsRegulations on on qualityquality ofof foodfood::

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

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

The The ‘‘70s: partial approximation and CAP 70s: partial approximation and CAP measuresmeasures

Double legal basis art. 43 and art. 100 TCEEHarmonisation of rules for specific food products (honey, fruit juices, fruit jam, preserved milk, jellies and marmalades)

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

Directives of 1970Directives 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 of the maximum level of erucic acid in oils and fats intended for human consumption;4) 76/895/EEC of 23 November 1976 relating to the fixing of maximum level for pesticide residues in and on fruit 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 such

2) Directive 76/893/EEC of 23 November 1976 on coffee extracts and chicory extracts

The The ‘‘80s: 80s: judicialjudicial interventionisminterventionism

- the construction and consolidation of the judicial doctrine of “mutual recognition” through the creative work of the Court of Justice;

- the construction of the internal market, through the engagement of the European Institutions after the approval of the Single European Act in 1986 and of the Maastricht Treaty in 1992

The The ‘‘80s: 80s: judicialjudicial interventionisminterventionism

- 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 100a

on 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 ““howhow to doto do”” - H A C C P

Multiple goals of European food legislationMultiple goals of European food legislation

1) Regulation 2081/92 on PDOs and PGIs

2) 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 FrameworkFood 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 1AimAim and scopeand scope

This Regulation provides the basis for the the assuranceassurance ofof a high a high levellevel ofof protection protection ofof humanhuman healthhealth and and consumersconsumers' interest ' interest in relation to in relation to foodfood,, taking into account in particular the diversityin the supply of food including traditional products, whilstensuring 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 thethe generalgeneral principlesprinciples governing food and feed in general, and food and feed safety in particular, at Community and at Community and nationalnationallevellevel..

Article 13International International standardsstandards

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 phytosanitarystandards;

(b) promote the coordination of work on food and feed standardsundertaken 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 Court ofof JusticeJusticeOctoberOctober 9, 20019, 2001

DirectiveDirective 98/44/CE on 98/44/CE on biobio--patentspatents

Rio de Janeiro Convention, Rio de Janeiro Convention, JuneJune 5, 1992, on 5, 1992, on protection protection ofof biobio--diversitydiversity

UNECEUNECEwww.unece.orgwww.unece.org

EconomicEconomic CommissionCommission forfor EuropeEurope ofof UnitedUnited NationsNations –– 194719475 5 RegionalRegional CommissionsCommissions ofof UN UN AimAim: : economiceconomic integrationintegration

Members: 56 Members: 56 countriescountries; ; allall EuropeanEuropean CountrisCountris plus Russia, plus Russia, USA e Uniti dUSA e Uniti d’’America, Canada, Azerbaigian, Tagikistan, America, Canada, Azerbaigian, Tagikistan, Turkmenistan, Uzbekistan, Kazakistan, Kirghizistan. Turkmenistan, Uzbekistan, Kazakistan, Kirghizistan.

Italy Italy enteredentered on on DecemberDecember 14, 1955.14, 1955.

WTOWTOMarrakech Treaty 1994

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

OIVOIV2001

36 Member States and 12 observators

Adopts reccomendations

CodexCodex AlimentariusAlimentarius

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 foodhealth standards that serve as a reference forinternational trade in foodstuffs.

CodexCodex AlimentariusAlimentarius

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

CodexCodex AlimentariusAlimentarius

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 1234/2007COUNCIL REGULATION (EC) No 1234/2007ofof 22 22 OctoberOctober 2007 2007

establishingestablishing a common a common organisationorganisation ofof agriculturalagricultural marketsmarkets and and on on specificspecific provisionsprovisions forfor certaincertain agriculturalagricultural productsproducts

(Single CMO (Single CMO RegulationRegulation))

COUNCIL REGULATION (UE) No 1308/2013 COUNCIL REGULATION (UE) No 1308/2013 ofof 17 17 DecemberDecember 2013 2013

establishingestablishing a common a common organisationorganisation ofof agriculturalagricultural marketsmarketsand on and on specificspecific provisionsprovisions forfor certaincertain agriculturalagricultural productsproducts

(Single CMO (Single CMO RegulationRegulation))

Article 74 GeneralGeneral principleprinciple

The products for which marketing standards by sectors or products have been laid down in accordance with this Section may be marketed in the Union only if they conform to those standards.

Article 75 Establishment and content

1. Marketing standards may apply to one or more of the following sectors and products:

(a) olive oil and table olives; (b) fruit and vegetables; (c) processed fruit and vegetables; (d) bananas; (e) live plants. (f) eggs;(g) poultrymeat;(h) spreadable fats intended for human consumption;(i) hops.

ArticleArticle 75 75

2. In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.

3. the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

(a) the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

(b) classification criteria such as grading into classes, weight, sizing, age and category;(c) the species, plant variety or animal race or the commercial type;(d) the presentation, labelling linked to obligatory marketing standards, packaging, rules

to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

(e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

(g) the type of farming and production method including oenological practices and advanced systems of sustainable production;

(h) coupage of must and wine including definitions thereof, blending and restrictions thereof;

(i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

Article 75

(j) the place of farming and/or origin, excluding poultrymeat and spreadable fats;

(k) restrictions as regards the use of certain substances and practices;

(l) specific use;

(m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

A A multilevelmultilevel

Global Global FoodFood LawLaw and and

QualityQuality SystemSystem