preparing for eu exit · fsa preparation • the fsa’s preparation for eu exit focuses on...
TRANSCRIPT
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Preparing for EU Exit
Official Sensitive – Not for Onward Distribution
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Overview
Introduction
To do list
Questions
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INTRODUCTION
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Food Safety Framework
• 95% of food legislation originates from the EU.
• European Union (Withdrawal) Bill will bring existing EU food law into
domestic UK law as it is at the moment UK exits EU.
• Several vital food safety functions are exercised at an EU level by EU
institutions:
• Risk assessment carried out by EFSA
• Risk management decisions are taken by European Commission and
Council
• Key systems for providing rapid warning of food safety threats,
sharing information on food crime.
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FSA preparation
• The FSA’s preparation for EU exit focuses on ensuring that:
– an effective regulatory framework is in place
– that there is an effective regulator with appropriate powers.
• Our to do list includes:
– Operable legislation
– Imported food
– OV workforce
– Risk assessments
– Local authority resources.
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FSA Wales
Specific responsibilities for FSA Wales in relation to EU exit include:
– Ensuring the operability of all relevant food legislation in Wales.
– Working with local authorities to prepare for any changes, particularly
in relation to imported food.
– Understanding the views of stakeholders including consumers and
industry.
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Law Derived from the European Union (Wales) Bill
• Known as the Continuity Bill
• Emergency legislation passed on 21st March 2018.
• Gives Welsh Ministers the power to amend EU law.
• Designed to prevent what are currently devolved powers being retained
at the UK level.
• UK Government have referred the Bill to the Supreme Court.
• The Supreme Court will rule whether this legislation is constitutional,
and properly within devolved legislative powers.
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INSIGHT
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Consumer Insight
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Consumer Insight
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Consumer Insight
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Stakeholder Views 2016:Opportunities
• Enhance brand ‘Britain’
• Expand primary production export
• Improve speed to market (e.g.
novel foods)
• Simplify Port procedures –
product testing at airports.
• Improved enforcement
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Stakeholder Views 2016: Issues
• Uncertainty
• Labour losses of both seasonal and settled EU migrant workers.
• Two tier regulatory framework.
• Potential delays at borders leading to increased food waste and fraud.
• Import of cheaper food and knock on impact to UK industry.
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Feedback from local authorities so far
• EU Exit an opportunity to improve impractical legislation
• Concerns businesses might push for reduction in food safety
protections and / or for a dual system for trade.
• Worries around continued access to EU information systems, audits
and training
• Concerns around officer imported food training and impact on ports
• Questions about the capacity of public analyst labs
• Possible increase in the number of export certificates
• Recognition for UK EHPs
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TO DO LIST
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FSA Priority
“We are committed to upholding
the excellent standards of food
safety that UK food businesses
trade on and consumers trust.”
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Our priorities
• An effective regulatory framework
• Effective regulatory functions
• Food safety systems
• Imports
• Workforce
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Legislative framework
• Food law largely consists of directly applicable EU legislation
• 95% of food law originates from the EU
• Food heavily reliant on interaction with the EU institutions and other
member states.
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EU Functions
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Regulatory framework
• Ensure body of food safety law remains in force upon exit.
• Withdrawal Bill framework to convert and amend directly applicable EU
regulations.
• Also amend domestic enforcing legislation where needed.
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Effective regulator
An effective regulator should have the capacity to:
• Identify potential threats to food safety (surveillance)
• Assess the scale of the threat (risk assessment)
• Inform others (risk communication)
• Decide what action to take (risk management)
• Ensure implementation (enforcement)
• Assess if interventions are achieving the desired effect
• Amend or reform when regulation or delivery needs to
change
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Risk Assessment
• The European Food Safety Authority (EFSA) provides independent
scientific advice including risk assessments.
• This is of particular importance in the area of pre-market
approvals/authorisations of food additives, enzymes, flavourings and
novel foods.
• UK has risk assessment capacity and carries out routine risk
assessment work but is focussed on increasing capacity/skills to fulfil
these function should they be needed.
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Risk Management
• Most food safety risk management
decisions currently taken at an EU level.
• FSA does not currently have statutory
functions to take these decisions.
• FSA and other government departments
are exploring what arrangements needed
upon EU exit.
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Key EU Food Safety Systems
RASFF AAC
EFFN TRACES
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Imported Food
£27bn
48% 70%
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Imports
• Currently food imported from the EU is not subject to any checks
when entering the UK.
• Checks are undertaken on third country imports to ensure
compliance with relevant requirements.
• Planning for scenarios where we do not have access to TRACES
and RASFF
• Looking at options to mitigate the risk of importing food from the EU
without access to these systems.
• No Border Inspection Posts or Designated Points of Entry in Wales
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Workforce
• The FSA’s workforce, and the
workforces of the agriculture, food
and drink industries, draw heavily
on nationals from other EU
member states.
• 85% of the FSA’s Official
Veterinarians come from other
member states.
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Local Authority Resources
• Potential for increased roles for Local
Authorities:
• Imported Food Checks
• Export Health Certificates
• What is the FSA doing?
• Training
• Highlighting issue to Ministers.
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NEXT STEPS
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What’s next?
• Transition period has been agreed and DExEU say will conclude this
work in full by October.
• Outcome of the Supreme Court ruling on the Continuity Bill.
• When Withdrawal Bill has gained Royal Assent legislation can be
amended.
• UK frameworks
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QUESTIONS
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FSA Board Paper EU exit
The full FSA board paper on EU Exit from September 2017 can be
downloaded via the following link:
https://www.food.gov.uk/sites/default/files/fsa170904.pdf
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DIOLCH