EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL FINAL OVERVIEW REPORT OF A SERIES OF AUDITS

Transcription

1 Ref. Ares(2012) /11/2012 EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL Directorate F - Food and Veterinary Office DG(SANCO)/ FINAL OVERVIEW REPORT OF A SERIES OF AUDITS CARRIED OUT IN SEVEN MEMBER STATES DURING IN ORDER TO EVALUATE THE OPERATION OF CONTROLS OVER THE TRACEABILITY AND LABELLING OF BEEF AND BEEF PRODUCTS

2 TABLE OF CONTENTS 1. REPORT SUMMARY INTRODUCTION BACKGROUND FINDINGS AND CONCLUSIONS Holding registration Identification and registration of bovine animals Traceability systems Compulsory Community beef labelling system Voluntary beef labelling system MAIN RECOMMENDATIONS ADDRESSED TO THE MEMBER STATES Holding registration Identification and registration of bovine animals Traceability systems Compulsory EU beef labelling system Voluntary beef labelling system ACTION TAKEN OR ENVISAGED BY THE COMMISSION'S SERVICES Follow up of the competent authority responses to the reports' recommendations FURTHER DEVELOPMENTS...11 ANNEX 1 PROGRAMME OF AUDITS...13 ANNEX 2 LEGAL REFERENCES

3 ABBREVIATIONS COM DG (SANCO) EU FVO European Commission Health and Consumers Directorate General European Union Food and Veterinary Office 3

4 1. REPORT SUMMARY This series of audits was undertaken between 2009 and 2011 by the Food and Veterinary Office (FVO) to seven Member States in order to evaluate the operation of official controls over the traceability of beef and beef products. The whole chain from farm to retail outlet was evaluated, with particular attention to the following areas: holding registration, identification and registration of cattle and their movement, slaughtering, cutting, storage, distribution, sale and the labelling of beef and beef products. A first series of audits on the same topic was carried out in all Member States (EU 15) in Several factors were taken into account when planning the current series of audit such as the cattle population and beef production. The three Member States with the biggest cattle population were included, as well as four Member States with a medium volume of beef production. The Member States have procedures and systems in place for the registration of holdings, the identification and registration of bovine animals as well as for controls of these systems. Deficiencies in implementing current legislation and carrying out official controls were seen mainly in places where animals are gathered such as dealers' premises, markets and assembly centres. In one Member State sales (change of ownership) were recorded rather than the movement of animals. The operation of the computerised databases was not always optimal although significant improvements were made since the last audit series. In some Member States problems were noted regarding the delay in notifying the births, movements and deaths. In addition the controls over the input into the computerised databases such as coherence and plausibility checks - in order to detect non-compliances at an early stage were limited in a few cases. The regulatory criteria for the selection of holdings for bovine identification inspection were not taken fully into account in all cases and sometimes the results of these inspections did not reflect the reality seen by the FVO auditors. The accurate tracing of cattle, especially in emergency situations, could be difficult or impossible when cattle are passing through dealers' premises, markets or assembly centres. Traceability systems for beef meat were in place in most establishments visited in line with the requirements of the General Food Law. More specific legislation in relation to beef traceability requires comprehensive registration systems in place, which link beef at different steps of the production chain, including within the establishments. Comprehensive registration systems are required to ascertain with confidence the trace-back of beef or minced beef to the holding of origin of the animal/group of animals. However this was not ensured in a number of establishments visited. Significant improvements have been noted regarding the implementation of compulsory labelling of beef and minced beef, which is in general satisfactorily applied now. Weaknesses were identified in the control and application of voluntary beef labelling systems in most Member States. 4

5 2. INTRODUCTION The FVO has undertaken a series of audits to seven Member States (Annex 1) between 2009 and 2011 in order to evaluate the operation of official controls over the traceability of beef and beef products from the retail outlet to the holding of origin. In addition, the implementation of, and control over, EU legislation on the labelling of beef and beef products was evaluated. Particular attention was paid to the following areas: Holding registration and animal identification; Animal movement controls; Slaughter, cutting, storage and distribution chain; Retail distribution, storage and sale chain; and Labelling of beef and beef products. In order to evaluate the practical operation of traceability systems, samples of beef and minced beef were chosen randomly from a selection of retailers at the start of each audit and national authorities were asked to trace them back through the production chain. Controls on traceability of beef and beef products laid down in specific legislation, in particular Regulations (EC) No 1760/2000, (EC) No 1825/2000 and (EC) No 1082/2003 were subject to this evaluation. Other relevant legislation subject to this evaluation are Regulations (EC) No 178/2002, (EC) No 852/2004, (EC) No 853/2004 and (EC) No 882/2004. Where other deficiencies relating to aspects of the meat production, but falling outside the immediate scope of these audits, were found, these were addressed directly with the relevant national authorities and details are given in the individual reports. Individual audit reports are available at: The legal references for the audits are provided in Annex BACKGROUND The FVO had undertaken a series of audits to all Member States (EU 15) in 2002 in order to evaluate the operation of controls over the traceability and labelling of beef and minced beef. An overview report with reference number DG(SANCO)/9505/2003 contains the general conclusions of this series of audits, based on the reports of the individual audits. The overview report has been published on the website of DG SANCO: 5

6 Since 2002 changes in legislation have taken place: the hygiene package was introduced and specific legislation regarding cattle identification and registration system, related controls and sanctions have changed. Amendments were also made to the legislation concerning labelling of beef and beef products. Out of the seven Member States visited, three Member States (Belgium, France and Germany) and in the United Kingdom one region (Northern Ireland) have had their computerised databases recognised as being fully operational by means of Commission Decisions. In addition, Lithuania 1 requested the relevant Commission Services for recognition of their computerised databases as fully operational. 4. FINDINGS AND CONCLUSIONS Note to the reader: under each of the following key point headings, the general conclusions of this series of audits are given, based on the reports of the individual audits. The same sequence is used in this overview report as for the individual reports in order to facilitate cross-referencing of the different sections Holding registration No 1760/2000 requires that the national authorities shall set up a computerised database. Each holding has to be registered in the computerised database. Member States are required to ensure compliance with this Regulation. Main findings and conclusions The Member States visited have systems in place covering the registration of bovine holdings in computerised databases. These systems were generally in line with the requirements laid down in Article 14(3)C of Council Directive 64/432/EEC. However, in three Member States, non-compliances were identified regarding the operation of dealers, in particular in relation to the maximum 30 day residence of animals at dealers' premises and/or approval of premises. One Member State has not transposed the relevant EU requirements regarding dealers (Article 2.2(q) (dealers) and Article 13 (requirements for dealers' premises) of Council Directive 64/432/EEC. One Member State does not consider markets as holdings. This results in markets not being registered in the computerised database and movements through markets not being recorded. In two Member States, the operation of the assembly centres visited was not in compliance with the requirements of Council Directive 64/432/EEC Identification and registration of bovine animals No 1760/2000 establishes a system for the identification and registration of bovine animals, which includes the elements "double ear tags", 1 The Lithuanian bovine database is recognised as fully operational by Commission Implementing Decision 2011/685/EU of 13 October

7 " holding register", "cattle passport" and "computerised database". Member States are required to ensure compliance with this Regulation. Main findings and conclusions In general the bovine identification systems were in line with the requirements of EU legislation. However, in two Member States a high rate of replacement ear tags, including double sets of ear tags had been observed during the audits. At the time of the audits, three Member States and one region in one Member State have had their computerised databases recognised as being fully operational by means of Commission Decisions. Although the main advantage of this recognition is the possibility to abolish the use of cattle passports, these three Member States have decided to still use cattle passports for national movements. Although not required by No 1760/2000 the region concerned issues movement documents to reflect the animal health status. One Member State without a computerised database recognised as being fully operational, did not issue passports on time (i.e. within 14 days of the notification of births) and the animals were not accompanied by their passports whenever they were moved. Deficiencies were identified during the audits regarding the operation of the computerised databases. As already reported in the overview report of the 2002 series of audits most databases have the capacity to provide an effective registration system (albeit sometimes with a need for further development), the operation of the databases could not always be considered as fully reliable and robust. One Member State in their central bovine database captures "event-sales", e.g. movement through dealers as opposed to movements. Consequently movements between holdings do not require notification unless the animals change ownership. In addition, the controls over the input into the computerised databases, such as coherence and plausibility checks 2 in order to detect non-compliances at an early stage, were in a few cases limited. The main deficiencies seen during the current series of audits were related to the absence or late notifications of movements of cattle through dealers, markets and/or assembly centres. Therefore the accurate tracing of cattle movements, especially in an emergency situation, could be difficult or impossible. All Member States have documented control and reporting procedures in place in the framework of the identification and registration system for bovine animals. However a few Member States had no procedures in place to verify the effectiveness of these official controls. In five Member States, the criteria for the selection of holdings for cattle identification inspections as laid down in Article 2 of No 2 Although coherence and plausibility checks for the bovine computerised database are not mentioned in the relevant EU legislation, these checks fall under best practices. These checks are used by the Commission when evaluating the operation of the bovine computerised databases. 7

8 1082/2003 were not taken into account in all cases. Few Member States did not include other relevant criteria such as the high rate of lost ear tags or the discrepancies found during the tuberculosis surveillance between the animals recorded in the database and those present on the holding. In five Member States the results of the cattle identification inspections were considered to be unreliable or inadequate as the controls did not reflect the reality seen on the holding by the FVO audit team that identified significant deficiencies. In two Member States the inspections did not identify as a risk the high rate of replacement ear tags, including double sets of ear tags that were distributed to holdings. The percentage of lost ear tags in these two Member States was high and this was not subject to investigation. Consequently animals could have been unidentified for some time increasing the risk of traceability being lost. In both Member States the high prevalence of tuberculosis is a further concern in this situation. In one Member State, a system in place since 2006 allowed the reidentification of unidentified animals, however without risk assessment. Although the animals concerned are restricted to their holding and are banned from the food chain, they may be used for milk production and breeding and their carcasses may end up as pet food or may be disposed of at knackers' yards Traceability systems Apart from the general requirements laid down in Article 18 of Regulation (EC) No 178/2000, more specific traceability requirements are laid down in Regulations (EC) No 1760/2000 and No 1825/2000. Member States are required to ensure compliance with these Regulations. Main findings and conclusions Traceability systems 'one step back and one step forward' are in place in most establishments visited as required by Article 18 of No 178/2002, the General Food Law. More specific legislation requires in relation to beef traceability comprehensive registration systems in place, which link beef at different steps of the production chain, including within the establishments. However in most Member States several of the establishments visited had no comprehensive registration system in place and consequently could not ascertain with confidence the trace-back of beef or minced beef to the animal(s) concerned. This was confirmed for several of the samples of beef and minced beef taken at retail outlets for which the competent authorities had been requested to trace-back the origin of the meat. The common finding was that certain links were missing in the food chain to ascertain the trace-back of the meat to the animal(s) concerned. The health marking and identification marking of the meat was in general compliant. Official control and reporting procedures on traceability of beef and beef products were established in all Member States visited. In the Member States 8

9 where the FVO audits concluded that a few establishments had no comprehensive registration system in place, the official controls failed to identify these deficiencies Compulsory Community beef labelling system Regulations (EC) No 1760/2000 and (EC) No 1825/2000 set out specific compulsory labelling requirements for beef meat. Member States are required to ensure compliance with these Regulations. Main findings and conclusions In general significant improvements regarding compulsory labelling systems have been made since the previous series of audits. Compulsory labelling systems are in place in the establishments visited and - with few exceptions - met the requirements of EU legislation. A number of non-compliances were identified which were related to information missing on the label or to the incorrect implementation of the provisions on compulsory beef labelling. In the Member States visited, the official controls in general include checks on compliance with the requirements on compulsory beef labelling. The controls usually identified non-compliances Voluntary beef labelling system Regulations (EC) No 1760/2000 and (EC) No 1825/2000 set out specific voluntary labelling requirements for beef meat. Member States are required to ensure compliance with these Regulations. Main findings and conclusions The voluntary labelling systems in the Member States visited varied in different aspects, in particular regarding the designation of the competent authorities or the use of independent control bodies as well as the approval of the specifications and the controls over these systems. Three Member States had many specifications covering the voluntary labelling systems of beef and beef products whilst two Member States visited did not have approved voluntary beef labelling specifications. One Member State did not implement the legislation or designate the competent authority responsible for approval of voluntary labelling and its controls. In one other Member State official controls did not exist in two regions due to the lack of legislation in place. The main problems encountered were the approval of voluntary labelling specifications which were general guarantees related to food safety requirements. These are already legally required and do not provide additional guarantees on production or processing of the beef and certain beef products. The official controls in three Member States were focussed only on the approval of the specifications and did not routinely cover control on the specifications of the scheme. 9

10 Weaknesses were identified in the control and application of voluntary beef labelling systems in most Member States. However, it has to be noted that the voluntary beef labelling systems do not affect the functioning of the traceability of beef standards. 5. MAIN RECOMMENDATIONS ADDRESSED TO THE MEMBER STATES For each audit, a copy of the report was sent to the national authorities, containing a number of recommendations with a view to addressing the deficiencies identified during the audit. The summary of main recommendations includes a compilation of the most frequent and/or the most important elements of the recommendations made in the individual reports Holding registration To transpose into national legislation or to ensure implementation of the requirements for Article 2(q) (definition of dealers) and Article 13 (regarding dealers' premises) of Council Directive 64/432/EEC. To ensure that the holding registration system in the computerised database is in accordance with the requirements of Article 14(3) of Council Directive 64/432/EEC Identification and registration of bovine animals To ensure that, in accordance with Article 7 of No 1760/2000, all movements to and from the holdings, births and deaths are reported, in particular the notification of movement of bovine animals through dealers' premises and assembly centres and the notifications of movement of bovine animals in the computerised database are done within the required delays. To ensure that the data in the computerised database is correct. To ensure that all appropriate criteria are taken into account for the selection of bovine holdings to be inspected in line with the requirements of Article 2 of No 1082/2003 and that corrective action is taken at cattle holdings where non-compliances are identified during the cattle identification inspections. To bring the procedures for unidentified cattle present on holdings in compliance with Article 1 of No 494/ Traceability systems To ensure that the food business operators have a comprehensive registration system in place regarding the production of beef and certain beef products in line with the requirements of Article 1 of No 1825/2000 in order to ensure reliable traceability systems for beef and beef products Compulsory EU beef labelling system To ensure that the labelling of beef and certain beef products, including beef of third country origin contain all compulsory labelling requirements laid down in 10

11 No 1760/2000 and that in case of non-compliance sanctions are taken in line with Article 9 of No 1825/ Voluntary beef labelling system To implement official controls on voluntary labelling systems in all regions as required by Article 22 of No 1760/2000 and Article 22 of No 1825/2000. To review the approvals of specifications for voluntary labelling systems and only approve those specifications which are not compulsory regarding the labelling as well as regarding the production systems in line with the requirements of Article 16 of No 1760/2000. To ensure that in the case of the application of the voluntary system the voluntary labelling complies with the approved specifications and that in case of noncompliance sanctions are taken in line with Article 9 of No 1825/ ACTION TAKEN OR ENVISAGED BY THE COMMISSION'S SERVICES 6.1. Follow up of the competent authority responses to the reports' recommendations For each audit, the national competent authority received a request for an Action Plan, describing the proposed actions to be taken by the competent authority to address the recommendations contained in the individual reports. A deadline for the receipt of these plans was set and the competent authority responses have been evaluated. A total of 58 recommendations were made to the seven national authorities. The authorities responded to all recommendations. However a number of recommendations were not satisfactorily addressed. These recommendations are being followed up with the national authorities concerned. 7. FURTHER DEVELOPMENTS Identification and registration of bovine animals On 30 August 2011 Commission adopted two proposals to modify current rules of No 1760/2000 on bovine identification and to introduce electronic identification that will, when implemented, further enhance food safety and better safeguard animal health in the EU. This Commission proposal comes in the form of two separate legislative texts: one proposal with (minor) modifications of the legal provisions contained in Council Directive 64/432/EEC as regards computer databases which are part of the surveillance network in the Member States and a second (and major) proposal which modifies No 1760/2000 referring to the introduction of electronic identification in bovine as an official means of identification 3. The Commission's proposal provides the legal 3 An amended proposal for a Regulation of Parliament and of the Council amending No 1760/2000 as regards electronic identification of bovine animals and deleting the provisions on voluntary beef labelling was adopted on 16 April

12 framework for the introduction, on a voluntary basis, of an electronic identification device for bovine animals. Despite its voluntary character, the Commission's proposal allows Member States to introduce a mandatory regime at national level Voluntary beef labelling schemes The Commission's proposal introduces changes in relation to labelling, by repealing the current provisions on voluntary beef labelling. The main objective is to reduce the unnecessary administrative burden Food information to consumers The European Parliament and the Council of the EU have adopted Regulation (EU) No 1169/2011 on the provision of food information to consumers and it will apply from 13 December This Regulation establishes, amongst others, the general principles, requirements and responsibilities governing food information, and, in particular, food labelling. It also contains provisions for voluntary food information. 12

13 ANNEX 1 PROGRAMME OF AUDITS Country Dates of Audit SANCO ref. no. Belgium 7 to 18 September 2009 DG(SANCO)/ Lithuania 20 to 30 October 2009 DG(SANCO)/ Poland 18 to 29 October 2010 DG(SANCO)/ France 14 to 25 June 2010 DG(SANCO)/ Ireland 15 to 27 September 2010 DG(SANCO)/ United Kingdom 7 to 18 March 2011 DG(SANCO)/ Germany 12 to 23 September 2011 DG(SANCO)/

14 ANNEX 2 LEGAL REFERENCES Community acts listed under this section refer to the latest amended version European legislation Commission No 494/98 No. 1760/2000 of Parliament and of the Council Commission No. 1825/2000 No 178/2002 of Parliament and of the Council Commission No 1082/2003 No 852/2004 of Parliament and of the Council No 853/2004 of Parliament and of the Council No 854/2004 of Parliament and of the Council No 882/2004 of Parliament and of the Council Official Journal OJ No L 60, , p 78 OJ No L 204, , p. 1 OJ No L 216, , p. 8 OJ No L 031, , p. 1 OJ No L 156, , p. 9 OJ No L 139, , p. 1 corrected and re-published in OJ No L 226, , p. 3 OJ No L 139, , p. 55 corrected and re-published in OJ No L 226, , p. 22 OJ No L 155, , p. 206 corrected and re-published in OJ No L 226, , p. 83 OJ No L 165, , p. 1 corrected and re-published in OJ No L 191, , p. 1 Title Commission No 494/98 of 27 February 1998 laying down detailed rules for the implementation of Council No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals No. 1760/2000 of Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation EC No. 820/97 Commission No 1825/2000 of 25 August 2000 laying down detailed rules for the application of No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products No 178/2002 of Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing Food Safety Authority and laying down procedures in matters of food safety No 1082/2003 of 23 June 2003 laying down detailed rules for the implementation of Regulation (EC) No 1760/2000 of Parliament and of the Council as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals No 852/2004 of Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs No 853/2004 of Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin No 854/2004 of Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption No 882/2004 of Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules 14

15 European legislation Regulation (EU) No 1169/2011 of Parliament and of the Council Commission No 911/2004 Commission No 566/2008 Council Directive 64/432/EEC Directive 2000/13/EC of Parliament and of the Council Official Journal OJ No L 304, , p. 18 OJ No L 163, , p. 65 OJ No L 160, , p. 22 OJ No L 121, , p OJ No L 109, p. 29 Title Regulation (EU) No 1169/2011 of Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission No 608/2004 No 911/2004 of 29 April 2004 implementing No 1760/2000 of the European Parliament and of the Council as regards eartags, passports and holding registers Commission No 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-community trade in bovine animals and swine Directive 2000/13/EC of Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs 15