to harmonize the legislation of Ukraine with the European in the sphere of SFO

Transcription

1 Round table: "Ukraine - World Trade Organization - European Union: structural changes and standards" Simferopol, 10/03/2013 The current situation s and further steps to harmonize the legislation of Ukraine with the European in the sphere of SFO Gennady Kuznetsov The League of food product producers g.d.kuznetsov@gmail.com,, (044) ,, (067)

2 Some basic features of modern EU legislation on safety and food quality About 100 legislative acts (as a rule - "horizontal" regulations - direct documents of the highest level, which in their status go after the EU Treaty); 1. The scope of regulation: the safety performance of FP; hygiene requirements for the production of FP; Information about the properties of FP; composition of traditional FP and FP for special nutrition (including FPs for children up to 3 years); organization and implementation of official control of the subjects and objects of the legislation on safety and quality of FP. 2

3 UKRAINIAN LEGISLATION ON THE SAFETY AND QUALITY OF FOOD. CURRENT STATUS: The level of harmonization of Ukrainian legislation with the corresponding European one is low; If the pace of legislative reforms will remain similar to the existing one, Ukraine will not be able to achieve an acceptable level of harmonization in the next years, and the EU market will remain almost closed for Ukrainian agricultural products. 3

4 What is the most critical - the low level of harmonization entails: Disparity in protection of the rights and interests of consumers and the world scientific and managerial achievements; The existence of unjustified in terms of protecting the rights and interests of consumers barriers for the development of the food industry and, consequently, reducing of its competitiveness; Unnecessary costs from the state budget and by the operators of the food market. 4

5 REGULATIONS APPROVED RECENTLY AND HAVING A HIGH DEGREE OF HARMONIZATION WITH THE EU LEGISLATION Order of the Ministry of Health of Ukraine 548 from "On approval of microbiological criteria for establishing indicators of food safety"; Order of the Ministry of Agrarian Policy of Ukraine from "On Approval of the Requirements for the development, implementation and use of permanent procedures based on the principles of food safety management system (HACCP)"; Order of the Ministry of Health of Ukraine 368 from "On approval of the State sanitary rules and norms of the "Regalements of maximum levels for certain contaminants in food products"; Order of the Ministry of Health of Ukraine 694 from "On approval of the hygiene requirements for poultry meat and some indicators of its quality"; 5

6 REGULATIONS APPROVED RECENTLY AND HAVING A HIGH DEGREE OF HARMONIZATION WITH THE EU LEGISLATION Order of the Ministry of Health of Ukraine 695 from "On approval of the safety parameters of poultry meat"; Order of the Ministry of Health of Ukraine 696 from "On approval of Hygienic requirements for baby food, safety parameters and certain indicators of their quality"; The Law of Ukraine "On Amending Certain Laws of Ukraine regarding the reduction of the number of permits that should be received by the food market operator» 442-VII on September 5,

7 BUT THERE ARE DRAFTS OF REGULATORY ACTS, THAT DO NOT MEET THE EUROPEAN LEGISLATION The Draft Law on Amendments to Certain Legislative Acts of Ukraine regarding drinking water and drinking water supply 2013 from Draft law on the limitation of production, use, import and distribution in Ukraine of plastic bags and packs with long cleavage Draft Law on the Amending the Law of Ukraine "On the safety and quality of food" (concerning the prohibition of use of palm oil and its fractions in food production) 2353 from from Draft Law on the Amendments to Certain Legislative Acts of Ukraine (regarding the ban to import and use certain food additives) The Draft Law on Amending the Law of Ukraine "On the safety and quality of food" (on improvement of legal order to ensure the safety and quality of food) Draft Law on Amendments to Certain Legislative Acts of Ukraine regarding food safety 2643 from а from від

8 Plans for harmonization Sections of the National Action Plan for 2013 to implement economic reform program for "Prosperous Society, Competitive Economy, Effective State": 24 drafts of legal acts concerning the safety and quality of food. NATIONAL ACTION PLAN IS APPROVED by the Decree of the President of Ukraine on March 12, /2013 8

9 SECTIONS OF THE NATIONAL ACTION PLAN FOR 2013, CONCERNING FOOD PRODUCTS 89. Adaptation of sanitary and phytosanitary standards with European Union legislation. 90. Ensuring transparency by requiring competent authorities to plan monitoring and supervision on the basis of the criteria by which the effectiveness and efficiency of their work can be checked. 91. Simplifying the procedure of putting food products into circulation. 9

10 Section 89. Adaptation of sanitary and phytosanitary standards with European Union legislation. The Draft Law "On Amendments to Certain Legislative Acts of Ukraine on Safety and Food Quality» ( 3102 registered in Verkhovna Rada 08/20/2013) Draft Order of the Ministry of Health of Ukraine approving the state registration of food additives, flavorings and enzymes; Draft Order of the Ministry of Health of Ukraine approving the sanitary norms and regulations on the use of food additives, flavorings, enzymes, and lists of the substances allowed for use;

11 Section 89. Adaptation of sanitary and phytosanitary standards with European Union legislation. Draft Orders of MoH of Ukraine on approval of hygiene, security settings and selected quality indicators: meat and meat products; milk and milk products; juices and juice drinks; bottled water; non-alcoholic beverages; 11

12 Section 89. Adaptation of sanitary and phytosanitary standards with European Union legislation. Draft orders of MoH of Ukraine on approval of hygienic requirements for dietary supplements and food ingredients, which are produced at public catering facilities; Draft Decision of the Cabinet of Ministers of Ukraine on approving the plan of the gradual introduction of risk analysis and control (regulation) at the critical points system (HACCP); 12

13 Section 90. Ensuring transparency by requiring competent authorities to plan monitoring and supervision on the basis of the criteria by which the effectiveness and efficiency of their work can be checked The Draft Law of Ukraine. Introduction to Verkhovna Rada of Ukraine the Draft Law of Ukraine on State Supervision (Control), which is i carried out to verify compliance with the Ukrainian legislation on safety and quality of food, feed, animal health and welfare Adoption of the rules and guidelines for implementation of capacities (facilities) by the operators, engaged in production and / or sales of food products, as well as ensuring by the operators of agro-food traceability market, which will provide the opportunity to identify ify documentary the appropriate operator, time, place, subject and other terms of delivery (sale or transfer) of food, feed, animals intended for the manufacture of food products, items and materials in contact with food substances, intended to be included, or which are expected to be incorporated into food products at all stages of production, processing and handling of food 13

14 91. Simplifying the procedure of putting food products into circulation. (example of pseudo harmonisation) Publication of regulatory legal acts to transfer the functions of central specialized tasting commissions to the specialized tasting committees of manufacturers and their associations; Revision of regulations on development, coordination, approval requirements for content and presentation of technical documentation (recipes, technological instructions) in the food industry in order to optimize it. 14

15 DRAFT LAW OF UKRAINE "On amendments to some legislative acts of Ukraine concerning safety of food products" Version of CMU: 3102 from ; Version of the group of People Deputies of Ukraine (PDU) (alternative): from

16 DUE TO THE IMPLEMENTATION OF THE PROVISIONS OF LAW the level of health protection and consumer protection should improve, through: Allocation of state control to the most dangerous food products (risk based approach); Improvement of the efficiency and effectiveness of state control as a result of the reorganization of regulatory bodies and changing the way they work Strengthening the requirements for laboratories that test results s will be more reliable; Establishing of harmonized with European legislation requirements s to hygiene of food production and HACCP (it is much more logical to check how the food products are manufactured and not to "catch" already dangerous ones in the market); Establishing requirements for traceability of products, and thus creating conditions for rapid withdrawal of unsafe food from the market 16

17 What are the advantages of the Draft Law for the market operators? harmonizes the requirements for market operators and food products they produce, with the relevant European ones, opening the way to the European and other markets with high and predictable standards; eliminates a significant amount of controversy regarding the requirement for market operators and food products contained in the provisions of a number of legislative acts of Ukraine; eliminates a number of requirements for operators and food products that do not exist in European legislation; reduces the number of regulatory bodies; instead of "binding" to the cost of the consignment determines the amount of fines, depending on the 17 minimum wage

18 WHAT ARE FOOD LAW REFORMS FOR? 18

19 WHAT DOES A MAN NEED FOOD FOR? To meet the physiological needs of the body at the moment; To meet the emotional needs of people in the shortest time 19

20 FUTURISTIC FORECAST OF THE AUTHOR OF PRESENTATION Around the middle of this century, life expectancy can be increased by several tens of years due to: 1.Early diagnosis of diseases, growing of new organs, and the application of advanced treatment procedures. 2.Increase of the number of people who follow a healthy lifestyle. 3.Availability of food in sufficient quantities and at affordable prices on the market, that will ensure the maintenance of the body in a healthy state. 20

21 THANK YOU FOR ATTENTION! Gennady Kuznetsov. The League of food product producers (044) ,, (067)