Regional Harmonization of Food Safety Standards y

Example of EU legislation on labeling, traceability labeling traceability, and GI

Eighth Meeting of the Working Group on Agriculture (WGA-8) (WGA 8) 25-26 October 2011, Siem Reap, Cambodia Vincent Andr AETS Thailand

Content C t t

The EU at a glance
What is the European Union? Unique economic and political partnership between 27 democratic European countries. What Wh t are its aims? it i ? Peace, prosperity and freedom for its 495 million citizens in a fairer, safer world. What results so far? Frontier-free travel and trade, the euro (the single European currency), safer food and a greener environment, f f d d i t better living standards in poorer regions, joint action on crime and terror, millions of opportunities to study abroad and much more besides.

The EU at a glance
How does it work? To make these things happen, EU countries set up bodies to run the EU and adopt its legislation. The main ones are: the European Parliament the Council of the European Union the European Commission the European Court of Justice What is EU legislation? EU Directives: have to be implemented by the Member States EU Regulations are directly applicable (already harmonized)

EU Trade in Agri-food
The European Union is the worlds largest importer of agricultural and fishery products.

Objectives of harmonised Legislation???

To achieve a high level of consumer p protection To improve the free movement of goods within the internal market To increase legal security for economic operators and p To ensure fair competition in the area of foods
Removal of technical obstacles to trade in industrial products for the functioning of the common market. On this legal basis, the Commission h f many years been working to h C i i has for b ki t harmonise i national regulations into Community directives and regulations.

European standards Harmonised Standards and Legislation

o Harmonisation directives into harmonised EU regulations and directives in diverse fields
Horizontal

o For food a body of EU inspectors is responsible for evaluating and checking the compliance of control systems in the Member States [Regulation 882/2004] with harmonised legislation. Regulations have been adopted in the particularly sensitive areas

V e r t i c a l

European standards E t d d Harmonised Standards

o Standards are shaped by consensus among enterprises, enterprises public authorities consumers, and authorities, consumers trade unions, through a consultation process organised by independent, recognised standardisation bodies at national, European and international level. o A harmonised standard is elaborated on the basis of a request from the European Commission to develop a standard that provides solutions for compliance with a legal p provision.

1. Common l b li 1 C labeling rules l

Miracles in a bottle

Dream on

Nutrition l b li N t iti labeling

Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods
Entered into force on 19 January 2007, Shall apply from 1 July 2007

Nutrition l b li N t iti labeling

Scope of Regulation Claims in labelling, presentation and advertising F d t b d li Foods to be delivered as such t th finall consumer d h to the fi Certain provisions not applicable to nonprepackaged foods. N ti k d f d Nationall rules may apply. l l Apply to claims made in commercial communications
Generic advertising Promotional campaigns

Nutrition labeling N t iti l b li

Scope of Regulation Do not apply to claims made in non-commercial communications
Dietary guidelines or advice by public authorities

Information in the press or scientific publications

Voluntary claims about foods, ingredients, nutrients and other substances with a nutritional or physiological effect

2. Traceability 2 T bilit

Definition of Traceability y
o What is traceability?
Regulation (EC) No 178/2002 Traceability means the ability to trace and follow: - a food, - a feed, - af d food-producing animal or d i i l - a substance intended to be, or expected to be incorporated into a food or feed, through all stages of: - production, - processing or - di t ib ti distribution.

o Why is traceability needed?

Experience has shown that the functioning of the internal market in food or feed can be jeopardised where iit iis iimpossible to trace f d j di d h ibl food and feed. It is therefore necessary to establish a comprehensive system of traceability within the food and feed businesses so that targeted and accurate withdrawals can be undertaken or information given to consumers or control g officials, thereby avoiding the potential for unnecessary wider disruption in the event of food safety problems.

 What is required from business operators?

(1) Food and feed business operators shall be able to identify any person from whom they have been supplied with a food, a feed, a food-producing animal, or any substance intended or expected to be incorporated into a food or a feed. feed To this end, such operators shall have in place systems which allow for this information to be made available to the competent authorities on demand. ONE STEP BACK

 What is required from business operators?

(2) Food and feed business operators shall have in place systems and procedures to identify the other businesses to which their products have been supplied. This information shall be made available to the competent authorities on demand. ONE STEP FORWARD

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

 Is internal traceability required?

Is a business operator obliged to match inputs and outputs?

Supplier 1

Supplier 2

Supplier 3

Supplier 4

Supplier 5

Supplier 6

Operator O t

Customer A

Customer B

Customer C

Customer D

Customer E

Customer F

3. GEOGRAPHICAL INDICATIONS

International Recognition
WTO definition of GIs o Art 22: Geographical indications are indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, g where a given quality, reputation or other characteristic of the good is essentially attributable to it geographical origin tt ib t bl t its hi l i i

What exactly is a Geographical Indication ( ) g p (GI)?

o A GI is the name of a region or locality (or g y ( associated to this locality) and designates a product which originates in that region or locality. locality o The GI, linked as it is to traditional practices, enjoys often a high reputation. j y g p o A GI cannot be created it just need to be legaly recognised. It confirms the value of products which already exist exist.

GI: Relations between the product, the producers and the production area

Producers Production area

(climate, soils, height) (know how, tradition, organization)

Product
(good quality, specificity, reputation)

A GI, why ?
Added value, economical consequences on the supply and marketing chain

Protection of the product, control, d t t l traceability Interest for producers, rural development and environmental aspects, biodiversity

Example of labelling rules to be mentioned in the specifications

specific labelling rules

Sui generis systems: y g p ( o Malaysia: Geographical Indications Act 2000 (Act 602) and G d Geographical I di ti hi l Indications R Regulations 2001 l ti o Indonesia: Chapter VII of the Law on Marks (Law n15/2001 on Marks) and Government Regulation No. 15/2007 regarding Geographical Indications signed by the President on 4 September 2007 o Thailand: Act on Protection of Geographical Indication in 2003(B.E.2546) o Vietnam: the Intellectual Property Law No. 50/2005/QH11 enacted in nov.2005 and entered into force since 1 July 2006 replacing protection given by: the Civil Code 1995 (Chapter II,6th Part), Decree ( p ) 63/CP (24/10/96) amended by Decree 06/2001/NDCP, and decree 12/1999/ND-CP (6/3/1999) on Appellation of Origin, Decree 54/2000/ND-CP ( (3/10/2000) on GIs )

GIs G In ASEAN S

. o EU has worked on harmonisation of its legislation o EU has laid down rules for harmonisation of standards o Harmonised Legislation aims to
o Better Consumer Protection o Easier trade o P d t protection and recognition Product t ti d iti

Conclusion C l i

Thank Th k you f your attention! for tt ti !

and to the experts for their contribution: o For Labelling: Ms. Alexandra NIKOLAKOPOULOU l d O O O O DG SANCO, EU Commission Alexandra.NIKOLAKOPOULOU@ec.europa.eu o For Traceability: Mr. Patrick DEBOYSER O S DG SANCO, EU Commission Patrick.Deboyser@ec.europa.eu o For GI: Mr. Stphane PASSERI EC-ASEAN EC ASEAN IPR Co operation Programme (ECAPIII) Co-operation spasseri@ecap3.org