Journal of Food Science and Engineering 8 (2018) 61-64
doi: 10.17265/2159-5828/2018.02.001
The Animal Health Law-Regulation EU 2016/429 and the Future of Food Safety and Free Commerce in Europe
Giancarlo Ruffo, Valentina Locatelli, Francesco Maraschi and Paola Fossati
Department of Health, Animal Science and Food Safety, Universitàdegli Studi di Milano, via Celoria 12, Milano 20133, Italia
Abstract: The aim of this study was to analyze the contents of Reg. (EU) No. 429/2016, and to asss its role in guaranteeing the efficient application of the dia prevention and control rules into member state. Furthermore, the authors evaluated the impact of the abovementioned Regulation on the legislation on public health and food safety already in force in Europe (Regulations EC No. 178/2002, No. 882/2004, No. 853/2004) and considered the global impact of the new rules on the effective functioning of the internal market. The study pays attention also to the TFEU (treaty of lisbon on the functioning of the European union) procedure to delegate to the commission the power to adopt non-le
gislative acts of general application that supplement or amend certain non-esntial elements of a legislative act.
Key words: Animal health law, food safety, veterinary official controls, EU Regulation, public health, transmissible animal dias, dia notification.
1. Introduction
The authors analyze the Regulation (EU) No. 429/2016 on transmissible animal dias and amending and repealing certain acts in the area of animal health (“Animal Health Law”), and asss it in the light of the European Food Safety Legislation already in force. The study regards the subject matter and aim of the Regulation, focusing on “key” acts: transmissible dia listing and categorysation, dia notification, dia prevention and control rules, including dia notification, reporting, surveillance, eradication.
2. Methodology
The authors analyze the following legislation:
y Regulation (EU) No. 429/2016, “Animal Health Law” [1];
y Treaty of Lisbon-TFEU (treaty of lisbon on the functioning of the European union), 2009 [2];
y Regulation (EC) No. 178/2002 laying down the Corresponding Author: Paola Fossati, DVM, assistant professor of animal law, rearch fields: animal ethics and veterinary forensic medicine. general principles and requirements of food law [3];
y Regulation (EC) No. 882/2004 official controls on feed and food law, animal health and animal welfare rules [4];
y Regulation (EC) No. 853/2004 laying down specific hygiene rules for food of animal origin [5]. The Regulation (EU) No. 429/2016 considers the links between animal health and public health, the environment, food and feed safety, animal welfare, food curity, together with economic, social and cultural aspects [1]. The animal health measures provided in this Regulation are taken on the basis of the risk asssment and of the available scientific evidence; in this last regard, the work of the EFSA (European Food Safety Authority) is very important [3, 6].
In order to ensure the correct and harmonized application of the Regulation (EU) No. 429/2016, and to ensure the same animal health status in all member states, the European legislator has established a list of transmissible animal dias, which po a risk to animal or public health in the
union (Article 5 and Annex II), and has delegated to the commission theoadm
power to adopt acts amending the Annex II (Articles 6,
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7) [1, 8, 10, 11].
The listings provided in Article 5 and in Annex II to Regulation (EU) No. 429/2016 contain the following dias (Table I):
Table I listings of dias. Art. 5
Foot and mouth dia Classical swine fever African swine fever Highly pathogenic
avian influenza
African hor sickness
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ANNEX II
Rinderpest (cattle plague) Sheep and goat plague Swine vesicular dia Bluetongue Teschen
dia
Sheep pox or goat pox Rift Valley fever Lumpy skin dia Vesicular stomatitis Venezuelan equine viral encephalomyelitis
Hemorrhagic dia of deer Contagious bovine
pleuropneumonia
Newcastle dia Bovine tuberculosis
Bovine brucellosis (B.
abortus)
Ovine and caprine
brucellosis (B. melitensis) Anthrax Rabies Echinococcosis
Transmissible
spongiform
encephalopathies
(TSE)
小样英文Campylobacteriosis Listeriosis Salmonellosis (zoonotic
salmonella)
Trichinellosis Verotoxigenic E. coli
benzene
Viral haemorrhagic pticæmia (VHS) Infectious hematopoietic
necrosis (IHN)
Epizootic hematopoietic
necrosis in fish (EHN)
Epizootic ulcerative
syndrome in fish
(EUS)
Infection with
Bonamiaexitiosa
Infection with Perkinsus marinus Infection with
Microcytosmackini
Taura syndrome in
crustaceans
location什么意思Yellowhead dia in
crustaceans
Koi herpes virus dia
(KHV)
Infectious salmon anaemia (ISA) Infection with Marteilia
refringens
Infection with Bonamia
ostreae
White spot dia in
crustaceans
A dia is considered to be an “emerging dia” when it is not yet included in listing dias provided for in Article 5.
The Article 18 regulates the animal dia notification. Dia notification is compulsory for veral cas. When there are any reasons to suspect the prence in animals of a listed dia (Article 5), or where the prence of such a dia is detected in animals, the operators immediately notify the competent authority [1, 7, 9, 11]. Tho dias do not normally occur in the union and for their immediate eradication, specific measures must be taken (point (a) of Article 9 (1)) [1, 7].
When there are any reasons to suspect the prence in animals of a listed dia for which there is a need for surveillance within the European union, or where the prence of such a dia is detected in animals, the operators notify the competent authority of the appearance of the dia as soon as practicable (point (e) of Article 9 (1)) [1, 7].
Notification within member states:
when there are the prence of abnormal mortalities and other signs of rious dia or significant decread production rates with an undetermined cau, the operators notify a veterinarian of them;
he or she shall carry out further investigation, including sampling for laboratory examination [1].
The member state may decide that the notifications provided for in late point may be directed to the competent authority [1].
The commission shall adopt rules to prevent and to control dia, with regard to risk asssment and riousness of dia [2, 3].
The Reg. (EU) No. 429/2016 lays down that the commission shall adopt delegated acts or implementing acts (Articles 291 and 290 of the TFEU), respecting the requirements provided for by the same Regulation [1, 2].
The Article 270 of Reg. (EU) No. 429/2016 repeals a lot of decisions, directives and only a few regulations (No. 1760/2000), with the goal to ensure the correct application of legislation on veterinary and
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zootechnical matters[1, 10].
3. Results and Discussion
The EU has experienced in 1994 the health emergency with Bovine spongiform encephalopathy (BSE) [8, 10, 11]. This experience has led the European legislator to u the instrument of the Regulation in order to harmonize legal behavior at EU level, aiming to ensure high standards of human health and a functioning internal market, with regard to trade in live animals and foods from animal origin [8, 10, 11].
The Reg. (EC) No. 178/2002, was born in a time of emergency; it reprented the foundation of food law and declared the principles of food safety in all countries of the European union and also with reference to third countries (import/export). With Reg. (EC) No. 178/200, the union governed directly food safety, and it gave power to member states [3, 11]. However the Legislation on food safety was missing an esntial and primary aspect, which is the harmonization of animal health, together with the uniformity of measures in cas of infectious dias that had repercussions on human health [4-6, 8, 10, 11].
Animal health was regulated so messy, confusing and not harmonized, divided between directives and decisions, and animal health rules of the individual member states, which, depending on the internal health problems, autonomously decided which infectious dias should be notifiable and which were the restrictive health measures on animal movements [8, 10, 11].
4. Conclusions
Like the Reg. (EC) No. 178/2002 on food safety, the new Reg. (EU) No. 429/2016 reprents a starting basis for future legislation or acts on the protection of animal health [1, 3].
The list of notifiable dias provided for by Reg. (EU) No. 429/2016 has the effect of indirectly but immediately modifying all the lists of infectious dias contained in the existing European directives and decisions, and also the laws of member states on the same issue [1, 7, 9-11], with the aim to address uniform conditions for the health status of animals in the European union, and to make sure that the EU internal market will be safe and so will be the trade in live animals, while avoiding movement restrictions impod by the national veterinary laws of single member states [3, 4, 7, 9].
Reg. (EU) No. 429/2016, which shall apply from 21 April 2021, will impact on EU animal health legisl
ation, becau it will supplement existing provisions on food safety, even with regard to the management of bio-curity in animal breeding and derived products.
According to this regulation, animal health will no longer be governed by individual member states but the European union itlf will directly order measures to fight against transmissible dias of animals.
References
[1]Regulation (EU) 2016/429 of the European Parliament
and of the Council of 9 March 2016 on Transmissible
Animal Dias and Amending and Repealing Certain
Acts in the Area of Animal Health (“Animal Health
Law”).
[2]Treaty of Lisbon on the Functioning of the European
Union (TFEU), 2009.
[3]Regulation (EC) No. 178/2002 of the European
Parliament and of the Council of 28 January 2002 Laying
down the General Principles and Requirements of Food
Law, Establishing the European Food Safety Authority
and Laying down Procedures in Matters of Food Safety. [4]Regulation (EC) No. 882/2004 Official Controls on Feed
and Food Law, Animal Health and Animal Welfare
Rules.
[5]Regulation (EC) No. 853/2004 Laying down Specific
Hygiene Rules for Food of Animal Origin.
[6]Regulation (EU) No. 182/2011 of the European
Parliament and of the Council of 16 February 2011,
Laying down the Rules and General Principles Concerning Mechanisms for Control by Member States
菲律宾7 2级地震of the Commission’s Exerci of Implementing Powers. [7]Belloli, A. 2006. “The Local Health Authority.” In Guide
to the Practice of Veterinary Medicine for Official
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Food Safety and Free Commerce in Europe
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Veterinarian and Veterinary Practitioner. Turin, Italy:
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we made you
[8]Marabelli, R. 2006. “The International Veterinary
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[10]Pezza, F., and Ruffo, G. 2006. “Role and Function of
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