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Food Fraud in the EU

Published online by Cambridge University Press:  20 January 2017

Francesco Montanari ,
Cesare Varallo  and
Daniele Pisanello
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Extract

By making the headlines in the major European newspapers in 2013, the horsemeat scandal impaired consumer confidence in the transparency of the European food chain to a significant extent. In spite of its negative economic impact on the European Union (EU) market, the scandal in question has stimulated an unprecedented reflection in the area of food fraud by the EU institutions, national authorities, other stakeholders as well as by members of academia and the legal profession in general.

On an EU level, the European Commission swiftly responded to the scandal with the adoption of a wide-ranging action plan consisting of targeted policy, legislative and enforcement measures.

Type
Reports
Information
European Journal of Risk Regulation , Volume 7 , Issue 1 , March 2016 , pp. 197 - 205
Copyright
Copyright © Cambridge University Press 2016

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References

1 Commission Implementing Regulation (EU) 2015/262 of 17 February 2015 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation), in OJ 2015 L 59/1.

2 Proposal for a Regulation of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products, COM (2013) 265, 6 May 2013.

3 Commission Recommendation 2013/99/EU of 19 February 2013 on a coordinated control plan with a view to establish the prevalence of fraudulent practices in the marketing of certain foods, in OJ 2013 L 48/28 and Commission Recommendation 2014/180/EU of 27 March 2014 on a second coordinated control plan with a view to establishing the prevalence of fraudulent practices in the marketing of certain foods, in OJ 2014 L 95/64.

4 Report of the European Parliament of 14 January 2014 on the food crisis, fraud in the food chain and the control thereof, A7-0434/2013, PE519.759v03-00.

5 Council Conclusions on the role of law enforcement cooperation in combating food crime, 4.12.2014, 15623/14, ENFOPOL 369, AGRI 709, DENLEG 173.

* Ph.D. in EU law. Senior Associate at Arcadia International

6 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, OJ 2002 31/1.

7 Regulation (EC) No 882/2004 of the European 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, OJ 2004 L 165/1.

8 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, OJ 2011 L 304/18.

9 Recommendation CM/Rec(2014)7 adopted by the Committee of Ministers of the Council of Europe on 30 April 2014.

10 Whistleblowing in Europe – Legal protections for whistleblowers in the EU, Transparency International, 2013.

11 https://www.food.gov.uk/enforcement/the-national-food-crimeunit/foodfraud/whistleblowing

12 Articles 8 para. 2 and 108 of the Commission's proposal above cited.

13 Article 111 of the Commission's proposal above cited as opposed to Article 53 Regulation (EC) No 882/2004.

14 Article 136 para.2 of the Commission's proposal cited above as opposed to Article 55 Regulation (EC) No 882/2004.

15 In particular, Article 44 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, OJ 2008 L 286/1.

♣ Food lawyer in Italy, founder of foodlawlatest.com, Vice President Business and Regulatory Affairs EU at Inscatech.

16 Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, OJ 2011 L 304/18.

17 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, OJ 2002 31/1.

18 Regulation (EC) No 882/2004 of the European 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, OJ 2004 L 165/1.

♠ Food lawyer in Italy, founder of LEX ALIMENTARIA, Co-director of Food Ingredient and Health Research Institute (US).