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Regulation (EC) No 83/2014

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Regulation (EC) No 83/2014
TitleRegulation (EC) No 83/2014
TypeRegulation
Year2014
Number83/2014
Made byEuropean Parliament and Council of the European Union
Adopted2014
Statusin force

Regulation (EC) No 83/2014 is an act adopted by the European Parliament and the Council of the European Union to amend pre-existing European Union food safety and animal feed rules. It sits within a body of Union law that includes instruments adopted under the Treaty on the Functioning of the European Union and interacts with frameworks developed by the European Commission, the European Food Safety Authority, and national competent authorities such as ministries in France, Germany, and Poland. The measure updated procedures and thresholds previously governed by instruments associated with the General Food Law Regulation and related sectoral regulations.

Background and legislative context

The regulation was developed against a backdrop of earlier crises and regulatory reforms exemplified by cases like the BSE crisis and the adoption of Regulation (EC) No 178/2002 (the General Food Law), which prompted creation of the European Food Safety Authority. Legislative drivers included harmonisation efforts reflected in directives and regulations such as Regulation (EC) No 183/2005 and decisions of the European Council and policy initiatives advanced by Commissioners from portfolios including Tonio Borg and John Dalli. The work proceeded through procedures and debates in the European Parliament Committee on the Environment, Public Health and Food Safety, involving stakeholders from trade associations like the Federation of Veterinarians of Europe and non-governmental organisations including Greenpeace.

Scope and objectives

The regulation's scope targeted specific technical aspects within the Union's food and feed safety acquis, updating parameters that had implications for market operators from Netherlands exporters and Spain processors to importers in Italy and Belgium. Its objectives included clarifying maximum levels, sampling protocols, and labelling intersections that implicated authorities such as the European Commission Directorate-General for Health and Food Safety and scientific panels within the European Food Safety Authority. It aimed to reconcile Union rules with international standards set by bodies like the Codex Alimentarius Commission and to facilitate implementation across networks including the Rapid Alert System for Food and Feed.

Key provisions and requirements

The text amended numeric limits, testing methodologies and administrative obligations that referenced standards used by laboratories accredited under frameworks like ISO/IEC 17025. It prescribed obligations for operators subject to national competent authorities in jurisdictions such as United Kingdom (pre- and post-Brexit contexts), Ireland, and Sweden, and set reporting requirements to the European Commission and the European Food Safety Authority. Provisions addressed sampling plans that interact with rules in sectoral instruments such as Regulation (EC) No 852/2004 and Regulation (EC) No 853/2004, and specified transitional arrangements comparable to approaches found in acts like Regulation (EU) No 1169/2011 on food information. The regulation also delineated administrative procedures that aligned with principles articulated in the Charter of Fundamental Rights of the European Union regarding transparency and proportionality.

Following adoption, the measure was linked to subsequent acts and corrigenda promulgated by the European Commission and updates to consolidated texts maintained by the Official Journal of the European Union. It referenced interplay with instruments such as Regulation (EU) No 2019/6 on veterinary medicinal products, and consequential amendments touched provisions in sectoral law like Council Directive 96/23/EC and certain implementing regulations under the Single Market programme. National implementing measures in Member States including Austria and Hungary mirrored EU-level adjustments, while judicial interpretation by the Court of Justice of the European Union informed application in disputes concerning conformity and enforcement.

Implementation and enforcement

Implementation relied on coordination between the European Commission services, the European Food Safety Authority, and national competent authorities, including ministries and agencies in Denmark and Romania. Enforcement mechanisms made use of controls at points of entry overseen by customs authorities in ports such as Rotterdam and airports like Frankfurt Airport, and relied on laboratory networks including reference labs designated by Member States. Non-compliance consequences involved procedures under Union law similar to those applied in infringement proceedings before the European Commission and potential referrals to the Court of Justice of the European Union where national measures diverged from Union obligations.

Impact and reception

Stakeholder reactions ranged from endorsement by trade groups such as the European Federation of Food, Agriculture and Tourism Trade Unions to critical commentary from academic institutions like London School of Economics researchers and NGOs including Friends of the Earth. Industry analyses by chambers of commerce in Greece and policy briefings by think tanks such as the Bruegel network assessed economic and administrative impacts on supply chains spanning Portugal and Slovakia. Overall, the regulation was seen as part of a continuing effort to refine the Union's regulatory framework, prompting further debates in forums including the European Parliament plenary and sectoral advisory bodies.

Category:European Union regulations