Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | DOYLE Avril ( PPE-DE) | |
Former Responsible Committee | ENVI | DOYLE Avril ( PPE-DE) | |
Former Committee Opinion | AGRI | GRAEFE ZU BARINGDORF Friedrich-Wilhelm ( Verts/ALE) | |
Former Committee Legal Basis Opinion | JURI | WALLIS Diana ( ALDE) |
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 037, EC Treaty (after Amsterdam) EC 152-p4b
Legal Basis:
EC Treaty (after Amsterdam) EC 037, EC Treaty (after Amsterdam) EC 152-p4bSubjects
Events
The Commission presented a report on the functioning of Regulation (EC) No 470/2009 of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin.
This Regulation establishes maximum residue limits and reference values for pharmacologically active substances present in food obtained from animals:
a maximum residue limit (MRL) is the maximum concentration of a residue of a pharmacologically active substance which may be permitted in food of animal origin; a reference point for action (RPA) is the level of residue of a pharmacologically active substance established for monitoring purposes in the case of certain substances for which a maximum residue limit has not been laid down.
Regulation (EC) No 470/2009 ensures that substances intended for use on food-producing animals are assessed for their harmful potential and that consumers of food of animal origin are adequately protected.
Findings of the questionnaire : in May 2014, a questionnaire about the Regulation was sent to the EMA, national public authorities, businesses and non-business stakeholders.
The following conclusions can be drawn from the findings of the questionnaire:
80% of the stakeholders and Member States considered that the scope of Regulation (EC) No 470/2009 was appropriate. As regards possible improvements to the scope of the Regulation, a minority of respondents said that the scope may need to be adjusted with regard to scientific assessment and to risk management, e.g. in relation to the development of new biological products; as regards the scientific risk assessment , the Commission received positive feedback regarding this provision and the current methods of establishing MRLs and ADIs, with 80% of respondents stating that there was an adequate balance between food safety and the availability of veterinary medicines. Respondents to the questionnaire said that it would be beneficial if the Commission were to adopt further legal measures on risk management ; where scientific data are incomplete, Regulation (EC) No 470/2009 allows for the possibility of establishing a provisional MRL classification . This is considered to be one of the most useful elements of the Regulation (90 % of respondents). Moreover, the possibility to allow pharmacologically active substances to be classified as ‘No MRL required’ where the substance is considered safe at the residue level to be expected in food of animal origin, is considered useful.
Improvements made by the new legislation : the Commission considered that Regulation (EC) No 470/2009 has achieved its purpose of protecting public health and safeguarding animal health and welfare. Regulation (EC) No 470/2009 has contributed to:
an increase in the number of MRL applications of over 20% compared to the five years preceding the Regulation’s entry into force, with the number of applications rising from 33 to 40 : this shows that there is a certain amount of innovation in veterinary medicinal products and confirms that SMEs are willing and able to place veterinary medicines on the market in the EU; the use of the extrapolation principle to extend existing MRLs to other species which was one of the main objectives of revising and introducing Regulation (EC) No 470/2009. Since 2009, the EMA has recommended the extrapolation of 13 substances to additional animal species or foods (e.g. fin fish, goats and poultry species).
Moreover, each time extrapolation was recommended, it included minor species.
Recently, accessibility was further improved by means of an online MRL database .
Overall, Member States, businesses, non-business stakeholders and the EMA regard their experience with Regulation (EC) No 470/2009 as positive . Nonetheless, the views on particular issues may vary between different stakeholders. This can be explained notably by their differing perspectives when applying the Regulation No 470/2009 (e.g. competent authorities versus pharmaceutical companies or veterinarians).
Substantial improvements have been made compared to the previous legislation on establishing MRLs. The drafting of implementing measures as required by Article 13 of Regulation (EC) No 470/2009 should bring further improvements.
At the same time, it is important to note that the true impact of Regulation (EC) No 470/2009 will only become clear as experience is gained in the longer term . Furthermore, it should be pointed out that it would be wrong to expect Regulation (EC) No 470/2009 to solve all the issues in the veterinary medicines sector. The lack of availability of veterinary medicinal products in the EU is being addressed in the amendments to the relevant legislation for which the Commission adopted a proposal on 10 September 2014 , and which are currently being discussed in European Parliament and Council.
PURPOSE: to limit consumer exposure to pharmacologically active substances intended to be used in veterinary medicinal products for food producing animals and residues thereof in foodstuffs of animal origin through Community procedures.
LEGISLATIVE ACT: Regulation (EC) No 470/2009 of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council.
CONTENT: the Regulation aims at reviewing and completing existing provisions related to the establishment of Maximum Residue Limits (MRLs) for pharmacologically active substances in foodstuffs of animal origin. The main objective is to improve the availability of veterinary medicinal products for food producing animals whilst ensuring a high level of human health protection.
For the purposes of ensuring food safety, this Regulation lays down rules and procedures in order to establish:
(a) the maximum concentration of a residue of a pharmacologically active substance which may be permitted in food of animal origin ("maximum residue limit");
(b) the level of a residue of a pharmacologically active substance established for control reasons in the case of certain substances for which a maximum residue limit has not been laid down in accordance with this Regulation ("reference point for action").
The main changes planned are as follows:
an obligation to consider possibilities of extrapolation when scientific evaluation is being carried out to establish a residue limit; an obligation for the Community to take over residue limits adopted at Codex Alimentarius level if it did not table any objections when they were adopted; the creation of a legal framework for the establishment of residue limits for pharmacologically active substances which are not a priori intended to be used in veterinary medicinal products in the Community; the establishment of reference values when necessary for the purposes of control in cases where there is no residue limit.
A further aim of the new Regulation is to simplify current legislation and to improve its legibility.
By 6 July 2014, the Commission shall submit a report to the European Parliament and to the Council. The report shall, if appropriate, be accompanied by relevant proposals.
ENTRY INTO FORCE: 06/07/2009.
The European Parliament adopted a legislative resolution approving unamended, under the second reading of the codecision procedure, the Council’s common position with a view to the adoption of a regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin and repealing Council Regulation (EEC) No 2377/90.
The Committee on the Environment, Public Health and Food Safety adopted the recommendation for second reading by Avril DOYLE (EPP-ED, IE) approving unamended the Council common position for adopting a regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council.
The Commission fully supports the common position.
Key amendments proposed by the European Parliament in the first reading relating to:
the availability of veterinary medicinal products, the provisions on reference points for action, such as the inclusion of control measures, the clarification relating to the residue levels triggering sanctions by competent authorities and equal treatment of Third country imports and intra-Community trade, the clarification of the conditions under which a further scientific assessment by the EMEA is not required when an MRL has been set in the framework of Codex Alimentarius Commission of FAO/WHO, are addressed in the political agreement.
In order to respond to specific availability related amendments, two minor changes to Directive 2001/82/EC on the Community code relating to veterinary medicinal products are included. Furthermore, the Commission has agreed to a Declaration on an assessment of options for a future review of Directive 2001/82/EC.
European Parliament amendments not included in the amended proposal and not incorporated in the common position concern: the legal base of the regulation; the implementing measures as regards to the proposed change to the Standing Committee on the Food Chain and Animal Health; the classification of pharmacologically active substances; the prohibition of the administration of a substance to food-producing animals; the proposed change to the regulatory procedure with scrutiny when fixing individual MRLs; the circulation of foodstuff.
The Council's common position confirms the objectives and most of the arrangements proposed by the Commission and includes, in part or in their entirety 34 amendments passed at first reading by the European Parliament.
The Council introduced the following amendments to the Commission proposal:
Improvement of the availability of veterinary medicinal products : at the suggestion of the Parliament, amendments were made to a few provisions in order to try to improve the availability of veterinary medicinal products for food producing animals, in particular with regard to minor species and minor uses. More specifically, the Council wanted to clarify the cases in which Member States and the Commission may ask an opinion on MRLs to the Agency. In addition, the Council judged preferable to add provisions on the modalities of financing of MRL evaluations for active substances included in biocidal products. Furthermore, the Council recalled the importance of ensuring a high degree of human health protection and made some changes to insist on this aspect.
Establishment/review and functioning of reference points for action : following a series of Parliament amendments, several provisions were adapted to clarify the Commission proposal regarding in particular the definition of reference points for action and conditions for their establishment and review. Further, the conditions for placing food of animal origin on the market were specified. Likewise the measures to be taken when a forbidden or non authorised substance is found were defined.
Report to European Parliament and the Council : the Council also followed Parliament in asking the Commission to present a report on the experience gained from the application of the regulation, not later than 5 years after its entry into force. In addition, the Council requested that the report considers in particular substances classified under the regulation and having a multiple use.
The Council, like the Commission, could not accept 5 amendments.
Contrary to the Parliament the Council deemed essential to maintain a double legal basis as the proposal is relevant to the functioning of the internal market for products of animal origin included in Annex I to the Treaty. Moreover, the Council could not accept the comitology procedure with scrutiny considering the fixing of MRLs for specific substances to be a purely implementing measure with no quasi-legislative character. Lastly, the Council could not accept the complete deletion of the free circulation clause.
The Council's common position confirms the objectives and most of the arrangements proposed by the Commission and includes, in part or in their entirety 34 amendments passed at first reading by the European Parliament.
The Council introduced the following amendments to the Commission proposal:
Improvement of the availability of veterinary medicinal products : at the suggestion of the Parliament, amendments were made to a few provisions in order to try to improve the availability of veterinary medicinal products for food producing animals, in particular with regard to minor species and minor uses. More specifically, the Council wanted to clarify the cases in which Member States and the Commission may ask an opinion on MRLs to the Agency. In addition, the Council judged preferable to add provisions on the modalities of financing of MRL evaluations for active substances included in biocidal products. Furthermore, the Council recalled the importance of ensuring a high degree of human health protection and made some changes to insist on this aspect.
Establishment/review and functioning of reference points for action : following a series of Parliament amendments, several provisions were adapted to clarify the Commission proposal regarding in particular the definition of reference points for action and conditions for their establishment and review. Further, the conditions for placing food of animal origin on the market were specified. Likewise the measures to be taken when a forbidden or non authorised substance is found were defined.
Report to European Parliament and the Council : the Council also followed Parliament in asking the Commission to present a report on the experience gained from the application of the regulation, not later than 5 years after its entry into force. In addition, the Council requested that the report considers in particular substances classified under the regulation and having a multiple use.
The Council, like the Commission, could not accept 5 amendments.
Contrary to the Parliament the Council deemed essential to maintain a double legal basis as the proposal is relevant to the functioning of the internal market for products of animal origin included in Annex I to the Treaty. Moreover, the Council could not accept the comitology procedure with scrutiny considering the fixing of MRLs for specific substances to be a purely implementing measure with no quasi-legislative character. Lastly, the Council could not accept the complete deletion of the free circulation clause.
The European Parliament adopted by 660 votes to 13 with 5 abstentions, a legislative resolution amending the proposal for a regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90. The report had been tabled for consideration in plenary by Avril DOYLE (EPP-ED, IE) on behalf of the Committee on the Environment, Public Health and Food Safety.
The amendments - adopted under 1 st reading of the codecision procedure – are as follows:
- purpose: Parliament emphasises the general purpose of this Regulation, which is that of ensuring food safety;
- reference points for action : this is now defined as the level of a residue of a pharmacologically active substance, established for control reasons in the case of certain substances for which a maximum residue limit has not been laid down in accordance with this Regulation. In addition, Parliament introduced a new Article on implementing reference points for action. The reference points for action shall be reviewed in the light of any new data concerning the protection of human health and the food chain;
- European Food Safety Authority : the risk management recommendations should take into account any relevant scientific findings of the European Food Safety Authority, by way of letters of cooperation;
- scientific risk assessment : the principles of risk assessment pursuant to Articles 4 to 8 shall be applied in order to guarantee a high level of health protection.
- toxicological, as well as pharmacological or microbiological effects in human beings should be considered;
- equidae: a new clause states that veterinary medicinal products which do not have a maximum residue limit for equidae, which are not included in Annex IV of Regulation (EEC) No 2377/90 or in Article 13(2) of this Regulation, and which are used "off-label", as defined in Article 1(16) of Directive 2001/82/EC, and "under the provisions of the cascade" and not administered intra-muscularly or subcutaneously, shall have a nominal withdrawal period of six months. Furthermore, the use of pharmaceuticals containing pharmacologically active ingredients not on "the essential" substances list or the "positive list" for equidae referred to in Article 10(3) of Directive 2001/82/EC and not administered intra-muscularly or subcutaneously, shall have a nominal withdrawal period of six months;
- urgent authorisation : in specific cases where urgent authorisation is required to ensure the protection of human health and animal health and welfare, the Commission may, in accordance with the regulatory procedure with scrutiny, establish a provisional maximum residue limit for a period not exceeding five years;
- requests for an opinion on maximum residue limits : the proposal had stated that the Commission or Member States may forward to the Agency requests for an opinion for substances not intended for use in veterinary medicinal products to be placed on the market in the Community and where no application for such substances has been made. Parliament introduced wording which states that the Commission, Member States or a third party pursuing legitimate interests may forward to the Agency requests for an opinion on MRLs for pharmacologically active substances in certain circumstances which are prescribed in the text;
- comitology: defining the methodology of the risk assessment and of risk management will be done in accordance with the regulatory procedure with scrutiny. Moreover, Parliament altered the time limits for the adoption of decisions;
- accelerated procedure for an Agency opinion : a new clause states that, in specific cases where a veterinary medicinal product or a biocidal product needs to be authorised as a matter of urgency for reasons relating to the protection of public health or of animal health or welfare, the Commission, any person who has requested an opinion, or a Member State may ask the Agency to carry out an accelerated procedure for the assessment of the maximum residue limit of a pharmacologically active substance contained in those products. The Agency shall ensure that the Committee is able to issue its opinion within 150 days following receipt of the application;
-placing on the market : a new Article states that if the maximum residue limits or reference quantities established under this Regulation are exceeded, the product shall not be placed on the market as a foodstuff, transformed into foodstuffs or mixed with foodstuffs.
Foodstuffs of animal origin containing pharmacologically active substances for which no maximum residue limits have been set may not be placed on the market;
-import: Member States shall prohibit the import and placing on the market of food of animal origin containing residues resulting from the illegal administration of pharmacologically active substances which are not subject to a classification in accordance with the text. Accordingly, imports from third countries of food containing residues resulting from the illegal administration of substances whose use is use is banned within the European Union shall be prohibited in the interests of public health;
-report: the Commission shall, not later than five years after the entry into force of the Regulation, submit a report which will, in particular, review the experience gained from the application of the Regulation, and, if appropriate, be accompanied by proposals.
The Committee on the Environment, Public Health and Food Safety adopted a report by Avril DOYLE (EPP-ED, IE) and amended, in the context of the codecision procedure, the proposal for a regulation of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, and repealing Regulation (EEC) No 2377/90.
The main amendments are as follows:
- purpose : the Committee emphasises the general purpose of this Regulation, which is that of ensuring food safety;
- reference points for action : this is now defined as the level of a residue of a pharmacologically active substance, established for control reasons in the case of certain substances for which a maximum residue limit has not been laid down in accordance with this Regulation. The Committee wanted to introduce a more precise definition unrelated to the concept of exposure, which could be interpreted as a weakening of the safety requirement. The reference points for action shall be reviewed in the light of any new data concerning the protection of human health and the food chain. In addition, the Committee has introduced a new Article on implementing reference points for action;
- European Food Safety Authority : the risk management recommendations should take into account any relevant scientific findings of the European Food Safety Authority, by way of letters of cooperation;
- extrapolation : in the event of extrapolation between different animal species, a safety factor should be applied when setting maximum residue limits;
- scientific risk assessment : the scientific risk assessment should, inter alia, pay particular attention to the synergetic and cumulative effects of different pharmacologically active substances and to effects on vulnerable categories of people. The risk assessment should comply with the principles for assessing the safety of foodstuffs laid down in Regulation (EC) No 178/2002.
-toxicological, as well as pharmacological or microbiological effects in human beings should be considered;
- equidae : a new clause states that veterinary medicinal products which do not have a maximum residue limit for equidae, which are not included in Annex IV of Regulation (EEC) No 2377/90 or in Article 13(2) of this Regulation, and which are used "off-label", as defined in Article 1(16) of Directive 2001/82/EC, and "under the provisions of the cascade" and not administered intra-muscularly or subcutaneously, shall have a nominal withdrawal period of six months. The Committee stated that peer-reviewed science clearly indicates that no such residues would exist in muscle meat e.g. from oral or intravenous administration after six months, which allows a large safety margin on time. Furthermore, the use of pharmaceuticals containing pharmacologically active ingredients not on "the essential" substances list or the "positive list" for equidae referred to in Article 10(3) of Directive 2001/82/EC and not administered intra-muscularly or subcutaneously, shall have a nominal withdrawal period of six months;
-ur gent authorisation : in specific cases where urgent authorisation is required to ensure the protection of human health and animal health and welfare, the Commission may, in accordance with the regulatory procedure with scrutiny, establish a provisional maximum residue limit for a period not exceeding five years;
- requests for an opinion on maximum residue limits : the proposal had stated that the Commission or Member States may forward to the Agency requests for an opinion for substances not intended for use in veterinary medicinal products to be placed on the market in the Community and where no application for such substances has been made. The Committee introduced wording which states that the Commission, Member States or a third party pursuing legitimate interests may forward to the Agency requests for an opinion on MRLs for pharmacologically active substances in certain circumstances which are prescribed in the text. The Committee states that creating possibilities to fix MRLs in the absence of a marketing authorisation would be a powerful tool for availability. It would enable producer's organisations and scientists to submit an application for an MRL and would provide an incentive to pharmaceutical companies to develop veterinary medicinal products - particularly for minor species or minor uses. It would, in particular, address the medicines availability concerns expressed by honey producers and bee keepers.
The text on requests for the Agency's opinion also applies to authorised pharmacologically active substances for which the cost of the procedure for establishing residue limits is disproportionate in relation to the economic revenue from the substance on account of the limited distribution of the animal species or their minor economic significance ('minor uses'). In the event of extrapolation between different animal species, a safety factor shall be applied when setting maximum residue limits. The Commission may, in accordance with the regulatory procedure with scrutiny, establish more precise requirements for the application of this clause;
- requests for review : the text clarifies who may request a review and under what circumstances;
- comitology : defining the methodology of the risk assessment and of risk management will be done in accordance with the regulatory procedure with scrutiny. Moreover, the Committee altered the time limits for the adoption of decisions;
- accelerated procedure for an Agency opinion : a new clause states that, in specific cases where a veterinary medicinal product or a biocidal product needs to be authorised as a matter of urgency for reasons relating to the protection of public health or of animal health or welfare, the Commission, any person who has requested an opinion, or a Member State may ask the Agency to carry out an accelerated procedure for the assessment of the maximum residue limit of a pharmacologically active substance contained in those products. The Agency shall ensure that the Committee is able to issue its opinion within 150 days following receipt of the application.
- prohibition on placing on the market : Member States shall prohibit the import and placing on the market of food of animal origin containing residues resulting from the illegal administration of pharmacologically active substances which are not subject to a classification in accordance with the Regulation. Accordingly, imports from third countries of food containing residues resulting from the illegal administration of substances whose use is use is banned within the EU shall be prohibited in the interests of public health. Foodstuffs of animal origin containing pharmacologically active substances for which no maximum residue limits have been set may not be placed on the market. Furthermore, if the maximum residue limits or reference quantities established under the Regulation are exceeded, the product shall not be placed on the market as a foodstuff, transformed into foodstuffs or mixed with foodstuffs.
Report : the Commission shall, not later than five years after the entry into force of the Regulation, submit a report which will, in particular, review the experience gained from the application of the Regulation, and, f appropriate, be accompanied by proposals.
PURPOSE: to apply new procedures for establishing residue limits of pharmacologically active substances in foodstuffs of animal origin.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: Council Regulation (EEC) No 2377/90 lays down the Community procedure for establishing the maximum residue limits (MRLs) of veterinary medicinal products in foodstuffs of animal origin. However, the current legal framework for MRLs has led to a number of problems. For example, the availability of veterinary medicines has decreased to such an extent that it has created adverse effects on public and animal health as well as on animal welfare. Also, international standards (that have the support of the EU) can not be included into EU legislation without a new scientific assessment by the European Medicines Agency. Control services of Member State haves no points of reference for substances detected in food from third countries and, lastly, the current legislation is intransparent and hence difficult to understand.
CONTENT: the purpose of this proposal, therefore, is to address the shortcomings of the current situation by amending, on substance, the existing legal framework relating specifically to MRLs whilst, at the same time, leaving the overall system of setting maximum residue limits based on scientific assessment intact. In brief the main changes being proposed are as follows:
- to make the assessment of possibilities for extrapolation a compulsory part of the overall scientific assessment and to create a legal basis for the Commission to lay down the principles for applying extrapolation;
- to introduce an obligation to adapt Community legislation to include MRLs set by Codex with the support of the EU;
- to create a specific legal framework and to set MRLs for pharmacologically active substances not intended to be authorised as veterinary medicines in particular for control and purpose and for imported food;
- to rearrange the sequence of articles in order to create a logical structure, differentiating in particular risk assessment and risk management provisions; and
- to integrate, in a separate Commission Regulation, the rules (MRLs, conditions of use, prohibition etc.) relating to individual substances, which can currently be found in 4 annexes of the current basic act.
The proposal provides for significant improvements in terms of simplification – i.e. the restructuring of the Articles and the integration into a single Annex of all the rules concerning MRLs, conditions of use, prohibition etc. The public authorities, in particular, will benefit from the improved readability of the residue legislation. Consolidating, into one single Regulation all residue limits will make the work of enforcement by control authorities much easier. Further, the timelines for procedural management will be clearly fixed for all parties. International standards supported by the Community would be automatically recognised without the need to submit any specific application at Community level – thereby avoiding duplication of work.
In addition, veterinarians will have access to a single document in which all relevant information is collated. It will include data on all substances evaluated. Similarly, third countries exporting foodstuffs of animal origin into the Community will benefit from further simplification and the clarification of Community requirement.
As far as the budget is concerned the proposal will have no impact on the Community budget but could have a negligible (or even no) cost on the European Medicines Agency (EMEA). The proposed Regulation’s financial impact on revenues is uncertain. An increase in applications for authorisations of veterinary medicinal products could lead to an increase of fee revenues for the EMEA. As far as expenditure is concerned, the proposal will not change the principle whereby the system of residue limits is operated by the EMEA and the Commission. Additional scientific assessments will be required for residue limits for control purposes while less assessments will result from the taking over of limits set by Codex alimentarius and from extrapolation requirements. In overall terms the review will thus have a very limited impact on resources which can not be quantified.
PURPOSE: to apply new procedures for establishing residue limits of pharmacologically active substances in foodstuffs of animal origin.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: Council Regulation (EEC) No 2377/90 lays down the Community procedure for establishing the maximum residue limits (MRLs) of veterinary medicinal products in foodstuffs of animal origin. However, the current legal framework for MRLs has led to a number of problems. For example, the availability of veterinary medicines has decreased to such an extent that it has created adverse effects on public and animal health as well as on animal welfare. Also, international standards (that have the support of the EU) can not be included into EU legislation without a new scientific assessment by the European Medicines Agency. Control services of Member State haves no points of reference for substances detected in food from third countries and, lastly, the current legislation is intransparent and hence difficult to understand.
CONTENT: the purpose of this proposal, therefore, is to address the shortcomings of the current situation by amending, on substance, the existing legal framework relating specifically to MRLs whilst, at the same time, leaving the overall system of setting maximum residue limits based on scientific assessment intact. In brief the main changes being proposed are as follows:
- to make the assessment of possibilities for extrapolation a compulsory part of the overall scientific assessment and to create a legal basis for the Commission to lay down the principles for applying extrapolation;
- to introduce an obligation to adapt Community legislation to include MRLs set by Codex with the support of the EU;
- to create a specific legal framework and to set MRLs for pharmacologically active substances not intended to be authorised as veterinary medicines in particular for control and purpose and for imported food;
- to rearrange the sequence of articles in order to create a logical structure, differentiating in particular risk assessment and risk management provisions; and
- to integrate, in a separate Commission Regulation, the rules (MRLs, conditions of use, prohibition etc.) relating to individual substances, which can currently be found in 4 annexes of the current basic act.
The proposal provides for significant improvements in terms of simplification – i.e. the restructuring of the Articles and the integration into a single Annex of all the rules concerning MRLs, conditions of use, prohibition etc. The public authorities, in particular, will benefit from the improved readability of the residue legislation. Consolidating, into one single Regulation all residue limits will make the work of enforcement by control authorities much easier. Further, the timelines for procedural management will be clearly fixed for all parties. International standards supported by the Community would be automatically recognised without the need to submit any specific application at Community level – thereby avoiding duplication of work.
In addition, veterinarians will have access to a single document in which all relevant information is collated. It will include data on all substances evaluated. Similarly, third countries exporting foodstuffs of animal origin into the Community will benefit from further simplification and the clarification of Community requirement.
As far as the budget is concerned the proposal will have no impact on the Community budget but could have a negligible (or even no) cost on the European Medicines Agency (EMEA). The proposed Regulation’s financial impact on revenues is uncertain. An increase in applications for authorisations of veterinary medicinal products could lead to an increase of fee revenues for the EMEA. As far as expenditure is concerned, the proposal will not change the principle whereby the system of residue limits is operated by the EMEA and the Commission. Additional scientific assessments will be required for residue limits for control purposes while less assessments will result from the taking over of limits set by Codex alimentarius and from extrapolation requirements. In overall terms the review will thus have a very limited impact on resources which can not be quantified.
Documents
- Follow-up document: COM(2015)0056
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Regulation 2009/470
- Final act published in Official Journal: OJ L 152 16.06.2009, p. 0011
- Draft final act: 03627/2009/LEX
- Decision by Parliament, 2nd reading: T6-0206/2009
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A6-0048/2009
- Committee recommendation tabled for plenary, 2nd reading: A6-0048/2009
- Committee draft report: PE418.216
- Commission communication on Council's position: COM(2008)0912
- Commission communication on Council's position: EUR-Lex
- Council position: 15079/2/2008
- Council position published: 15079/2/2008
- Council statement on its position: 16831/2008
- Commission response to text adopted in plenary: SP(2008)4439
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T6-0285/2008
- Committee report tabled for plenary, 1st reading/single reading: A6-0190/2008
- Committee report tabled for plenary, 1st reading: A6-0190/2008
- Specific opinion: PE404.727
- Amendments tabled in committee: PE400.626
- Committee draft report: PE396.683
- Committee opinion: PE390.570
- Economic and Social Committee: opinion, report: CES1251/2007
- Legislative proposal: COM(2007)0194
- Legislative proposal: EUR-Lex
- Document attached to the procedure: SEC(2007)0484
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2007)0485
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2007)0194
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2007)0194 EUR-Lex
- Document attached to the procedure: SEC(2007)0484 EUR-Lex
- Document attached to the procedure: SEC(2007)0485 EUR-Lex
- Economic and Social Committee: opinion, report: CES1251/2007
- Committee opinion: PE390.570
- Committee draft report: PE396.683
- Amendments tabled in committee: PE400.626
- Specific opinion: PE404.727
- Committee report tabled for plenary, 1st reading/single reading: A6-0190/2008
- Commission response to text adopted in plenary: SP(2008)4439
- Council statement on its position: 16831/2008
- Council position: 15079/2/2008
- Commission communication on Council's position: COM(2008)0912 EUR-Lex
- Committee draft report: PE418.216
- Committee recommendation tabled for plenary, 2nd reading: A6-0048/2009
- Draft final act: 03627/2009/LEX
- Follow-up document: COM(2015)0056 EUR-Lex
Activities
- Luca ROMAGNOLI
Plenary Speeches (21)
- 2016/11/22 Explanations of vote
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- Nils LUNDGREN
Plenary Speeches (7)
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- Hélène GOUDIN
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- Athanasios PAFILIS
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- Edite ESTRELA
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- Bruno GOLLNISCH
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- Avril DOYLE
Plenary Speeches (4)
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- 2016/11/22 Establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin (debate)
- 2016/11/22 Establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin (debate)
- 2016/11/22 Establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin (A6-0190/2008, Avril Doyle) (vote)
- Pedro GUERREIRO
Plenary Speeches (4)
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- Andrzej Jan SZEJNA
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- Martin CALLANAN
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- Călin Cătălin CHIRIȚĂ
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- Proinsias DE ROSSA
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- Koenraad DILLEN
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- Lena EK
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- Glyn FORD
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- Ian HUDGHTON
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- David SUMBERG
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- Frank VANHECKE
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- Anna ZÁBORSKÁ
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- Laima Liucija ANDRIKIENĖ
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- Liam AYLWARD
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- Šarūnas BIRUTIS
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- Mario BORGHEZIO
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- Charlotte CEDERSCHIÖLD
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- Philip CLAEYS
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- Ilda FIGUEIREDO
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- Louis GRECH
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- Françoise GROSSETÊTE
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- Jens HOLM
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- Syed KAMALL
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- Carl LANG
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- Erik MEIJER
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- Gay MITCHELL
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- Andreas MÖLZER
Plenary Speeches (2)
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- Gérard ONESTA
- Siiri OVIIR
Plenary Speeches (2)
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- Zita PLEŠTINSKÁ
Plenary Speeches (2)
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- Karin RIIS-JØRGENSEN
Plenary Speeches (2)
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- Toomas SAVI
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- Eva-Britt SVENSSON
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- Ewa TOMASZEWSKA
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- Ioannis VARVITSIOTIS
Plenary Speeches (2)
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- Tomáš ZATLOUKAL
Plenary Speeches (2)
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- Francis WURTZ
Plenary Speeches (1)
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- Jim ALLISTER
Plenary Speeches (1)
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- Alexander Nuno PICKART ALVARO
Plenary Speeches (1)
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- Alin Lucian ANTOCHI
Plenary Speeches (1)
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- Alfredo ANTONIOZZI
Plenary Speeches (1)
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- John ATTARD-MONTALTO
Plenary Speeches (1)
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- Catherine BOURSIER
Plenary Speeches (1)
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- Philip BRADBOURN
Plenary Speeches (1)
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- Jorgo CHATZIMARKAKIS
Plenary Speeches (1)
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- Brian CROWLEY
Plenary Speeches (1)
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- Marie-Hélène DESCAMPS
Plenary Speeches (1)
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- Brigitte FOURÉ
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- Patrick GAUBERT
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- Robert GOEBBELS
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- Malcolm HARBOUR
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- Erna HENNICOT-SCHOEPGES
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- Gunnar HÖKMARK
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- Anne E. JENSEN
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- Dan JØRGENSEN
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- Filip KACZMAREK
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- Martin KASTLER
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- Maria Eleni KOPPA
Plenary Speeches (1)
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- Holger KRAHMER
Plenary Speeches (1)
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- Stavros LAMBRINIDIS
Plenary Speeches (1)
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- Fernand LE RACHINEL
Plenary Speeches (1)
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- Jean-Marie LE PEN
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- Astrid LULLING
Plenary Speeches (1)
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- Sérgio MARQUES
Plenary Speeches (1)
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- Maria MARTENS
Plenary Speeches (1)
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- David MARTIN
Plenary Speeches (1)
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- Rareș-Lucian NICULESCU
Plenary Speeches (1)
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- Péter OLAJOS
Plenary Speeches (1)
- Seán Ó NEACHTAIN
Plenary Speeches (1)
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- Marie PANAYOTOPOULOS-CASSIOTOU
Plenary Speeches (1)
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- Zdzisław Zbigniew PODKAŃSKI
Plenary Speeches (1)
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- Nicolae Vlad POPA
Plenary Speeches (1)
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- Poul Nyrup RASMUSSEN
Plenary Speeches (1)
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- Martine ROURE
Plenary Speeches (1)
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- Eoin RYAN
Plenary Speeches (1)
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- Katrin SAKS
Plenary Speeches (1)
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- Czesław Adam SIEKIERSKI
Plenary Speeches (1)
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- Peter SKINNER
Plenary Speeches (1)
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- Søren Bo SØNDERGAARD
Plenary Speeches (1)
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- Margie SUDRE
Plenary Speeches (1)
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- Timothy Charles Ayrton TANNOCK
Plenary Speeches (1)
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- Britta THOMSEN
Plenary Speeches (1)
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- Marianne THYSSEN
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- Anja WEISGERBER
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Votes
Rapport Doyle A6-0190/2008 - résolution #
Amendments | Dossier |
89 |
2007/0064(COD)
2008/02/28
ENVI
89 amendments...
Amendment 100 #
Proposal for a regulation Article 18 – paragraph 3 – subparagraph 1 Amendment 101 #
Proposal for a regulation Article 18 — paragraph 3 — subparagraph 1 3. The risk assessment shall take into account
Amendment 102 #
Proposal for a regulation Article 19 a (new) Article 19a Placing on the market If the maximum residue limits or reference quantities established under this Regulation are exceeded, the product shall not be placed on the market as a foodstuff, transformed into foodstuffs or mixed with foodstuffs.
Amendment 103 #
Proposal for a regulation Article 19 a (new) 1. Where checks are carried out on food of animal origin and the results of analytical tests confirm the presence of a pharmacologically active substance which is not subject to a classification in accordance with Article 13(2)(a), (b) or (c) at a level equal to or higher than its reference point for action, the relevant batch shall be deemed not to comply with Community legislation. 2. Where the results of analytical tests carried out on foods of animal origin are below the reference points for action, the products' entry into the food chain shall be authorised. The competent authority shall retain a record of the findings in case of recurrence. Where the results of analytical tests on products from the same origin show a recurrent pattern indicating a potential problem, the competent authority shall inform the Commission and the other Member States in the Standing Committee on the Food Chain and Animal Health. The Commission shall bring the matter to the attention of the competent authority of the country or countries of origin and shall submit appropriate proposals. 3. Detailed rules shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21.
Amendment 104 #
Proposal for a regulation Article 22 Within [
Amendment 105 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 1 1. 1. Regulation (EEC) N° 2377/90
Amendment 106 #
Proposal for a regulation Article 23 — paragraph 1 — subparagraph 3 a (new) Commission Decisions 2002/657/EC and 2005/34/EC shall expire within three years of the entry into force of this Regulation. Any new regulations adopted shall comply with the risk assessment criteria of this Regulation.
Amendment 18 #
Proposal for a regulation Recital 1 (1) As a result of scientific and technical progress it is possible to detect the presence of hitherto undetected residues of veterinary medicines in foodstuffs a
Amendment 19 #
Proposal for a regulation Recital 1 a (new) (1a) In order to protect public health, maximum residue limits should be established in accordance with generally recognised principles of safety assessment, taking into account toxicological risks, environmental contamination, as well as unintended microbiological and pharmacological effects of residues. Other scientific assessments of the safety of substances concerned which may have been undertaken by international organisations or scientific committees established within the Community should also be taken into account.
Amendment 20 #
Proposal for a regulation Recital 16 Amendment 21 #
Proposal for a regulation Recital 20 (20) The Community contributes in the context of the Codex Alimentarius to the development of international standards on maximum
Amendment 22 #
Proposal for a regulation Recital 20 (20) The Community contributes in the context of the Codex Alimentarius to the development of international standards on maximum residue limits, while ensuring that the high level of human health protection adopted in the Community is not reduced. The Community should therefore take over
Amendment 23 #
Proposal for a regulation Recital 21 (21) Foodstuffs are subject to controls on the presence of residues of pharmacologically active substances in accordance with Regulation (EC) No 882/2004. Even if residue limits are not set for such substances pursuant to this Regulation, residues of such substances might occur due to environmental contamination or occurrence of a natural metabolite in the animal. Laboratory methods are capable of finding such residues at ever lower
Amendment 24 #
Proposal for a regulation Recital 22 It is therefore appropriate for the Community to provide for procedures to set reference points for control action at concentrations of the residues for which
Amendment 25 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part and point (a) 1.
Amendment 26 #
Proposal for a regulation Article 1 – paragraph 1 – point (a) Amendment 27 #
Proposal for a regulation Article 1 – paragraph 1 – point (b) (b)
Amendment 28 #
Proposal for a regulation Article 1 – paragraph 1 – point (b) (b) the
Amendment 29 #
Proposal for a regulation Article 1 — paragraph 1 — point (b a) (new) (ba) the maximum concentration of a residue of a pharmacologically active substance below which environmental exposure to that residue is considered negligible.
Amendment 30 #
Proposal for a regulation Article 1 — paragraph 1 — subparagraph 1 a (new) This includes, as appropriate, provisions on the use and placing on the market of pharmacologically active substances.
Amendment 31 #
Proposal for a regulation Article 2 – point (b) (b) “food-producing animals”: means animals bred, raised, kept
Amendment 32 #
Proposal for a regulation Article 2 – point (a) (a) ‘residues of pharmacologically active substances’ means all pharmacologically active substances, expressed in mg/kg or µg/kg of product on a fresh weight basis, whether active substances, excipients or degradation products, and their metabolites which remain in food obtained from animals;
Amendment 33 #
Proposal for a regulation Article 3 — paragraph 1 Any pharmacologically active substance intended for use in veterinary medicinal products for administration to food— producing animals shall be subject to an opinion of the European Medicines Agency ("the Agency") on the maximum residue limit
Amendment 34 #
Proposal for a regulation Article 3 Amendment 35 #
Proposal for a regulation Article 3 – subparagraph 2 a (new) In respect of minor species or uses, other persons may submit an application to the Agency.
Amendment 36 #
Proposal for a regulation Article 4 — paragraph 2 2. The scientific risk assessment and the risk management recommendations shall aim to ensure a high level of human health protection, whilst also ensuring that human health, animal health and animal welfare and environmental safety are not negatively affected by the lack of availability of appropriate veterinary medicinal products.
Amendment 37 #
Proposal for a regulation Article 5 Amendment 38 #
Proposal for a regulation Article 5 With a view to ensuring the availability of authorised veterinary medicinal products for conditions affecting food-producing species, the
Amendment 39 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. Once it has consulted the Agency, the Commission shall lay down rules on the use of a maximum residue limit relating to a given foodstuff in another foodstuff of the same species, or to one or more species in other species. Those rules shall specify how and in what circumstances the scientific data relating to residues in a given foodstuff or in one or more species may be used for the purpose of establishing a maximum residue limit in other foodstuffs or other species. The measures intended to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 20(3).
Amendment 40 #
Proposal for a regulation Article 6 — paragraph 1 1. The scientific risk assessment shall consider the metabolism and depletion and excretion of pharmacologically active substances in relevant animal species and the type of residues, and the amount thereof, that may be ingested by human beings over a lifetime without an appreciable health risk expressed in terms of acceptable daily intake (ADI). Alternative approaches to ADI may be used, if they have been laid down by the Commission as provided for in Article 12(1). The scientific risk assessment shall also consider the impact of any residues of the active substance in terms of safety of the environment.
Amendment 41 #
Proposal for a regulation Article 6 — paragraph 1 1. The scientific risk assessment shall consider the metabolism and depletion of pharmacologically active substances in relevant animal species and the type of residues, and the amount thereof, that may be ingested by human beings over a lifetime without an appreciable health risk, expressed in terms of acceptable daily intake (ADI)
Amendment 42 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 43 #
Proposal for a regulation Article 6 – paragraph 2 – point (b) (b) the risk of unintended toxicological, pharmacological or microbiological effects in human beings;
Amendment 44 #
Proposal for a regulation Article 6 — paragraph 2 — point (c a) (new) (ca) the type and amount of residue considered not to present a safety concern for the environment.
Amendment 45 #
Proposal for a regulation Article 6 — paragraph 3 3. If the metabolism and depletion and excretion of the substance cannot be assessed and the use of the substance is designed to promote animal health and welfare, the scientific risk assessment may take into account monitoring data or exposure data.
Amendment 46 #
Proposal for a regulation Article 6 – paragraph 3 3. If the metabolism and depletion of the substance cannot be assessed and the use of the substance is designed to promote
Amendment 47 #
Proposal for a regulation Article 7 — point (b) (b) other legitimate factors such as the technological aspects of food production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products and the likelihood of misuse or illegal use; misuse includes the prophylactic use of veterinary medicinal products when diseases can be managed by making proportionate and reasonable changes to the conditions in which animals are kept;
Amendment 48 #
Proposal for a regulation Article 7 – point (b) (b) other legitimate factors such as the technological aspects of food and animal- feed production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products and the likelihood of misuse or illegal use;
Amendment 49 #
Proposal for a regulation Article 7 – point (b) (b) other legitimate factors such as the technological aspects of food production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products, compliance with good veterinary practice and the likelihood of misuse or illegal use;
Amendment 50 #
Proposal for a regulation Article 7 — point (d a) (new) (da) whether or not the predicted environmental concentrations are acceptable for the protection of the environment and, where appropriate, any conditions or restrictions for the use of the substance concerned.
Amendment 51 #
Proposal for a regulation Article 8 — paragraph 2 2. The Agency shall ensure that the opinion of the Committee is given within 210 days following the receipt of a valid application for a new substance in accordance with Article 3 and paragraph 1 of this Article. This time limit shall be suspended when the Agency requests the
Amendment 52 #
Proposal for a regulation Article 8 — paragraph 2 a (new) 2a. The following shall apply in respect of pharmacologically active substances which are authorised for use in veterinary medicinal products on the date of entry into force of this Regulation: (a) After consulting the Agency, the Commission shall publish a timetable for the consideration of these substances, including time limits for submission of the information referred to under Article 8(1). The persons responsible for marketing the veterinary medicinal product concerned shall ensure that all relevant information is submitted to the Commission. The competent authorities of the Member States shall bring any other relevant information to the attention of the Commission. (b) After verifying within 30 days that the information is submitted in the correct form, the Commission shall forthwith submit the information for examination to the Agency, which shall deliver its opinion within a period of 120 days. This time limit shall be suspended when the Agency requests the submission of supplementary information on the given substance within a specified time period.
Amendment 53 #
Proposal for a regulation Article 9 –- paragraph 1 1.
Amendment 54 #
Proposal for a regulation Article 9 — paragraph 1 — subparagraph 1 1. For substances not intended for use in veterinary medicinal products to be placed on the market in the Community and where no application for such substances has been made in accordance with Article 3, the Commission
Amendment 55 #
Proposal for a regulation Article 9 — paragraph 3 3. Within 15 days of the adoption of the final opinion, the Agency shall forward it to the Commission and, as the case may be, to the Member State
Amendment 56 #
Proposal for a regulation Article 9 — paragraph 3 a (new) 3a. Paragraphs 1 to 3 shall apply mutatis mutandis to authorised pharmacologically active substances for which the cost of the procedure for the establishment of residue limits is disproportionate in relation to the economic revenue from the substance on account of the limited distribution of the animal species or their minor economic significance (‘minor uses’). In the event of extrapolation between different animal species, a safety factor of at least 10 shall be applied when setting maximum residue limits. The Commission may, in accordance with the regulatory procedure with scrutiny referred to in Article 20(3), establish more precise requirements for the application of this paragraph.
Amendment 57 #
Proposal for a regulation Article 10 — paragraph 1 Where the Commission, the applicant under Article 3, or a Member State under Article 9, as a result of new information, considers that a review of an opinion is necessary in order to protect human or animal health or the safety of the environment, it may request the Agency to issue a new opinion on the substances in question.
Amendment 58 #
Proposal for a regulation Article 10 Where the Commission,
Amendment 59 #
Proposal for a regulation Article 12 — paragraph 1 — introductory part 1.
Amendment 60 #
Proposal for a regulation Article 12 — paragraph 1 — subparagraph 1 a (new) Decisions shall be made, in the case of point (a), in accordance with the regulatory procedure referred to in Article 21(2) and, in the case of point (b), in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).
Amendment 61 #
Proposal for a regulation Article 12 – paragraph 2 2. The Commission shall, in consultation with the Agency, adopt
Amendment 62 #
Proposal for a regulation Article 13 — paragraph 1 1. The Commission shall classify the pharmacologically active substances subject to an opinion of the Agency on the maximum residue limit in accordance with Articles 4, 9 or 10 and on the safe environmental concentration in accordance with Articles 4 and 10.
Amendment 63 #
Proposal for a regulation Article 13 — paragraph 2 — introductory part 2. The classification for safety of foodstuffs shall include a list of pharmacologically active substances and the therapeutic classes to which they belong. The classification shall also entail the establishment, in relation to each such substance, of one of the following:
Amendment 64 #
Proposal for a regulation Article 13 – paragraph 2 – point (c) (c) the absence of the need to establish a maximum residue limit;
Amendment 65 #
Proposal for a regulation Article 13 – paragraph 2 – point (d) (d) a prohibition on the
Amendment 66 #
Proposal for a regulation Article 13 – paragraph 3 3. A maximum residue limit shall be laid down where it appears necessary for the protection of human health pursuant to an opinion of the Agency in accordance with Articles 4, 9 or 10 or pursuant to
Amendment 67 #
Proposal for a regulation Article 13 — paragraph 3 3. A maximum residue limit shall be laid down where it appears necessary for the protection of human health: (a) pursuant to an opinion of the Agency in accordance with the Articles 4, 9 or 10; or (b) pursuant to a vote by the Community in favour of the establishment of a maximum residue limit for a pharmacologically active substance intended for use in a veterinary medicinal product in the Codex Alimentarius
Amendment 68 #
Proposal for a regulation Article 13 – paragraph 3 3. A maximum residue limit shall be laid down where it appears necessary for the protection of human health pursuant to an opinion of the Agency in accordance with Articles 4, 9 or 10 or pursuant to a vote by the Community in favour of the establishment of a maximum residue limit for a pharmacologically active substance intended for use in a veterinary medicinal product in the Codex Alimentarius. In the latter case, the Community cannot vote in favour unless a scientific risk assessment as provided for in Article 6 and risk management recommendations as provided for in Article 7 have been produced; an additional assessment by the Agency is therefore not required.
Amendment 69 #
Proposal for a regulation Article 13 — paragraph 3 3. A maximum residue limit shall be laid down where it appears necessary for the protection of human health pursuant to an opinion of the Agency in accordance with Articles 4, 9 or 10
Amendment 70 #
Proposal for a regulation Article 13 — paragraph 3 a (new) 3a. Before the Commission agrees to maximum residue limits in the Codex Alimentarius, the procedure referred to in Article 21(3) shall apply. The Commission may approve the maximum residue limits in the Codex Alimentarius only if they guarantee an equal level of safety for human health as Community legislation. Article 13(e) of Regulation (EC) No 178/2002 must be taken into account.
Amendment 71 #
Proposal for a regulation Article 13 — paragraph 4 4. A provisional maximum residue limit may be established for a pharmacologically active substance in cases where scientific data are incomplete, provided that there are no grounds for supposing that residues of the substance concerned at the level proposed present a
Amendment 72 #
Proposal for a regulation Article 13 – paragraph 6 – introductory part and point (a) 6. The
Amendment 73 #
Proposal for a regulation Article 13 – paragraph 6 – point (a) Amendment 74 #
Proposal for a regulation Article 13 a (new) Amendment 75 #
Proposal for a regulation Article 13 a (new) Article 13 a Accelerated procedure for an Agency opinion In specific cases where a veterinary medicinal product or a biocide product needs to be authorised as a matter of urgency for reasons relating to the protection of public health or of animal health or welfare, the Commission, any person who has requested an opinion pursuant to Article 3 or a Member State may ask the Agency to carry out an accelerated procedure for the assessment of the maximum residue limit of a pharmacologically active substance contained in those products. The format and the content of the application shall be laid down by the Commission pursuant to the provisions of Article 12(1). Despite what is stated in Article 9(2) and in Article 8(2), the Agency shall ensure that the Committee is able to issue its opinion within 150 days following receipt of the application.
Amendment 76 #
Proposal for a regulation Article 14 — paragraph 1 1. For the purpose of the classification provided for in Article 13, the Commission shall prepare
Amendment 77 #
Proposal for a regulation Article 14 - paragraph 1 1. For the purpose of the classification provided for in Article 13, the Commission shall prepare a draft Regulation within 30 days after receipt of the Agency's opinion referred to in Articles 4, 9(1) or 10. The Commission shall also prepare a draft Regulation within 30 days after receipt of the result of
Amendment 78 #
Proposal for a regulation Article 14 - paragraph 1 a (new) 1a. Where the Agency has been asked for its opinion and the draft Regulation is not in accordance with that opinion, the Commission shall provide a detailed explanation of the reasons for the differences.
Amendment 79 #
Proposal for a regulation Article 14 — paragraph 2 2. The Regulation referred to in paragraph 1 shall be adopted by the Commission in accordance with, and within
Amendment 80 #
Proposal for a regulation Article 14 - paragraph 2 a (new) 2a. The Regulation referred to in paragraph 1 shall be adopted by the Commission in accordance with, and within 30 days after the end of, the regulatory procedure referred to in Article 20(2).
Amendment 81 #
Proposal for a regulation Article 14 - paragraph 2 b (new) 2b. In the case of the accelerated procedure referred to in Article 13a, the Commission shall adopt the Regulation mentioned in paragraph 1 within 15 days of the conclusion of the regulatory procedure referred to in Article 20(2).
Amendment 82 #
Proposal for a regulation Article 15 Amendment 83 #
Proposal for a regulation Article 15 The Agency shall consult Community reference laboratories for laboratory analysis of residues designated by the Commission in accordance with Regulation (EC) No 882/2004, on appropriate and harmonised analytical methods for detecting residues of pharmacologically active substances for which maximum residue limits have been determined in accordance with Article 13. The Agency shall provide the Community reference laboratories and national reference laboratories designated in accordance with Regulation (EC) No 882/2004 with those methods.
Amendment 84 #
Proposal for a regulation Article 16 Member States
Amendment 85 #
Proposal for a regulation Article 16 Amendment 86 #
Proposal for a regulation Article 16 – subparagraph 1 a (new) The setting of tolerance levels in respect of imported goods may not result in management measures that are more favourable to third-country producers than to European producers where the latter are the subjects of a total ban on the use of medicinal products and the presence of residues in food. Accordingly, imports from third countries of good containing residues of substances whose use is banned within the European Union shall be prohibited in the interests of public health.
Amendment 87 #
Proposal for a regulation Article 16 a (new) Article 16a Use of unclassified substances Administering veterinary medicinal products that contain pharmacologically active substances not included in the Annex to food—producing animals shall be prohibited. Clinical trials authorised by the appropriate national authorities upon notification or approval pursuant to the relevant legislation shall be exempt, provided that the food from the animals used in such trials contains no residues harmful to human health.
Amendment 88 #
Proposal for a regulation Title III Amendment 89 #
Proposal for a regulation Article 17 — paragraph 1 — subparagraph 1 a (new) The principles of risk assessment pursuant to Articles 4 to 8 shall be applied in order to guarantee a high level of health protection.
Amendment 90 #
Proposal for a regulation Article 17 – paragraph 1 – subparagraph 3 The reference points for action shall be reviewed
Amendment 91 #
Proposal for a regulation Article 17 – paragraph 1 – subparagraph 3 The reference points for action shall be reviewed regularly in the light of technological progress and of new information to be taken into account when assessing public health risks.
Amendment 92 #
Proposal for a regulation Article 17 — paragraph 1 — subparagraph 3 The reference points for action shall be reviewed regularly in the light of technological progress and/or any new data concerning the protection of human health and the food chain.
Amendment 93 #
Proposal for a regulation Article 17 - paragraph 1 - subparagraph 3 The reference points for action shall be reviewed regularly in the light of technological and scientific progress.
Amendment 94 #
Proposal for a regulation Article 17 — paragraph 1 — subparagraph 3 a (new) Foodstuffs of animal origin containing pharmacologically active substances for which no maximum residue limits have been set may not be placed on the market. This prohibition shall apply also where special detection limits are set in respect of such substances under other Community provisions and those detection limits are exceeded.
Amendment 95 #
Proposal for a regulation Article 18 Amendment 96 #
Proposal for a regulation Article 18 – paragraph 1 1. The reference points for action shall be based on the content of an analyte in a sample, which
Amendment 97 #
Proposal for a regulation Article 18 – paragraph 1 a (new) 1a. The Commission shall establish the reference points for action following an assessment of the risk of the substance and residues thereof being present in products of animal origin.
Amendment 98 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 99 #
Proposal for a regulation Article 18 – paragraph 2 2. The Commission
source: PE-400.626
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