Changes in the EU Food and Trade Directives with regard to consequences for legislation and administ

1
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Joachim Borowka
• Short term expert
• Public Health Legislation

2
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Under the assumption,the EU Council decides
• in December 2004 to start negotiations with
  Turkey on Accession to the EU, Turkey must
• Comply with the EU acquis
• Establish the Food Safety Strategy from the
  field to the table as an integral concept of
  consumer protection
• Adjust its institutional bodies to be able to
  apply EU rules
• by date of Accession.

3
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• To cope with the concept of the Food Safety
• Strategy the EU has adopted in April 2004 a new
• Acquis in the Food Hygiene Sector,
• leaving behind Single Product related vertical
  rules
• For the benefit of horizontal rules covering all
  products of animal origin
• Transferring the over all responsibility for safe
  products to the food business operator

4
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Limit the task of the competent authority to
  audit,control and verification.
• Only in the red meat sector,systematic inspection
  will take place
• This leads to more flexibility for the Food
  producer but request more technical skills,ist
  keeping up to date for the competent authority
  due to ist more demanding tasks.

5
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• The new EU Food Hygiene Acquis consists in

General Food Law (EC)Regulation 178/2002
General Hygiene (EC)Reg. 852/2004
Special Hygiene (EC)Reg. 853/2004
Official Control inspection (EC)Reg. 854/2004
Official Control Verification (EC)Reg. 882/2004
Repealing Vertical CD D 2004/41
6
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Under the existing Treaty it is obvious,that EU
  Regulations will become directly applicable.A
  transposition into national legislation is not
  required.
• In this case Turkey could decide to apply the
  afore mentioned Regulations by date of Accession.
• This approach is doomed to fail,because in Turkey
  neither the structure and standards of the Food
  industry as a whole nor the structure and
  performance of the administration will be ready
  for such a radical change.The negotiations with
  some of the New Member States have proven this.

7
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Also an approach to tolerate two legislative
  requirements in parallel,one for the national
  market,one for export, is unrealistic,because the
• CA underestimates the necessities and the
  timetable to achieve compliance with EU rules for
  the national part of the production.

8
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• The only promising approach will be to put in
  place the legal basis for the transposition of
  the new EU Food Hygiene Legislation to be
  applicable for the entire production of products
  of animal origin in Turkey.
• This gives both the stakeholders and the
  administration the necessary time to adjust them
  smoothly to the future EU requirements.

9
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Therefore our recommendation will be
• Elaborate a Framework Law on Food Hygiene and
  Control concerning Food of animal-and plant
  origin and feed.
• Determine an independant authority to implement
  this Law and on it based application rules.
• Delegate power to the head of this authority to
  issue directly applicable instructions in
  case,safeguard measures must be taken or
  Commission Decisions implemented.

10
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Lay down in this Law an obligatory coordination
• of this authority with other legislative
  bodies dealing with phytosanitary or veterinary
  drug legislation and risk assessment institutions
  in case of safeguard measures or RAFFS.
• Turkish Draft Food Law is not yet an appropriate
• legal base for this exercise,it is far from
  being compliant with relevant EU rules.

11
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• In addition,elaborate a horizontal Regulation
• transposing the technical aspects of the 5 EU
  Regulations into national legislation
• Foresee sufficient long transition periods for
  all products of animal origin with regard to
  design and structure of Food premises and dairy
  holdings.
• Similar approach for certain product criteria(raw
  milk)

12
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• This approach allows a step by step adjustment to
  full compliance until the date of Accession or
  beyond it, if transitional periods for certain
  sectors are needed.
• Furthermore this approach avoids painful economic
  and social impacts for the stakeholders and
  farmers.
• Establish a reliable step by step plan for the
  upgrading of Food premises with realistic
  deadlines for the correction of existing
  shortcomings including the availability of the
  necessary financial resources(EU,national)

13
Changes in the EU Food and Trade Directives with
regard to consequences for legislation and
administration in Turkey

• Foresee appropriate education and training for
  the members of the future competent authority to
  overcome the challengesresigned in particular by
  Reg.854/2004 and 882/2004.
• Draw up a schedule for Twinning projects and
  TAIEX training and foresee from 2007 on the
  participation of Turkish officials at training
  courses of the future Commission training
  academy.
• Review the subjects of the veterinary
  degree,initiate possible modifications to meet
  future demands.