Tuesday, September 27, 2005

Two eras in the evolution of scientific advice on food safety to the European Commission

© 2004-2005 William Charteris
www.billcharteris.com
www.imperialconsulting.net

1997 may be used simplistically to delineate two eras in the evolution of scientific advice on food safety to the Commission. This year corresponds with the BSE crisis and the most substantive reform of the entire system of scientific advice undertaken by the Commission in its history. It is indicative of that period in time when the governance of food safety became contested and when the free movement of foodstuffs could no longer be the overriding principle of food law became widely accepted.

Prior to 1997, the scientific advice provided by the Scientific Committee for Food related to the elaboration of common rules concerning the composition, production, characteristics, packaging, and labeling of foodstuffs, and assisted in the implementation of an ‘economic’ policy whose objective was achieving the free movement of foodstuffs within the internal market. After 1997, the scientific advice provided by the newly-established food safety committees of DG SANCO initially and EFSA finally related to multidimensional consumer health and protection issues, and has assisted in the implementation of a common, risk analysis based ‘food safety’ policy whose objective is achieving a high level of consumer protection and the free movement of safe, wholesome foodstuffs.

Although the provision of scientific advice (risk assessment) has been separated from the promulgation of legislation (risk management) since 1997, EFSA has not been empowered to act as the ultimate body of scientific advice in the EU, the practical consequences of which may be far reaching. In this regard, the institution of an EFSA Advisory Body, as a mechanism for exchange of information between national authorities and EFSA, is unlikely to prove decisive in overcoming the difficulties arising from divergent European and national scientific opinions. Accordingly, it will fall to the ECJ, and not EFSA, to solve these conflicts by striking a legally acceptable balance between European and national values (incl. risk perception).

This abstract is taken from a paper entitled 'A critical review of the evolution of scientific advice to the Commission on food safety since the formation of the European Economic Community', which was published on December 6, 2004. The paper comprises 2,500 words and 33 references. Individual copies of the paper may be requested by e-mail from the author.

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