The European Commission

Transcript Internet Chat On November 8, 2000 - "Making Safety The Key Ingredient Of Our Food: Introducing The European Food Authority Proposal"

Session Start: Wed Nov 08 17:04:32 2000

Byrne: Hi, I'm David Byrne, European Commissioner for Health and Consumer Affairs. Welcome to this Internet Chat on making safety the main ingredient of our food.

Helen: What happens when the Commission (or EFA) identifies a real hazard in food. What actions do you take and how are those hazards communicated?

Byrne: If urgent action is needed, the Commission will take preventive action under the precautionary principle; this could, for instance, establish a maximum limit for the presence of the contaminant in foods (this is what we did after the dioxin crisis in Belgium); consumers will be informed through normal communication media.

Lise Hellebo: Will the establishment of the Food Safety Agency mean a loss of national sovereignty on food safety issues?

Byrne: No. The European Food Authority will act as a co-ordinating body of the national agencies, enhancing their work and providing a European perspective to food safety issues. National Authorities will remain responsible for their present areas of competence.

James: Why do you think the 1999 directive introduced product liability for agricultural produce?

Byrne: The Commission adopted today a proposal for a Council and PE regulation in which a full chapter on liability from stable to table is included; it includes also agricultural primary production.

Cris: what will happen if the opinion of the Authority differs from that of a national food safety body?

Byrne: The European Food Authority will have an advisory forum which is made up of Representatives from the national food safety agencies and they will have the opportunity to give their advice and guidance to the scientists forming opinions in relation to risk assessment. Consequently, we expect that any differences of opinion will be reduced to the very minimum.

Luca Bucch: Will the European Food Authority have any enforcement authority?

Byrne: No, the European Food Authority will not have enforcement power; it will pass its recommendations to the European Commission who will decide on what action needs to be taken.

Carolina: is the Commission thinking of legislating on traceability for food? Byrne: Yes, in the new proposal adopted today by the Commission on the General Food Law and the Food Authority, there is a general obligation for all operators to be able to say from where they have taken their products and to whom they have sold.

RobertB: What is the official position of the different EU states on the matter of creating a central food safety agency?

Byrne: Discussion in the Council has shown that the Member States support the idea. Intervention will remain in the hands of the Commission. It will base it's opinion on science.

PS: The establishment of a Food Authority is a step in the right direction, but in what capacity can this Authority influence the outcome of future health safety? Will it have the capacity and power to radically intervene in crisis situations and will it seriously take into account public views and fears or only scientific ones?

Cep: on Food Safety Agency, when will it become operational? Where will it be based- in which country and town?

Byrne: The European Food Authority is planned to be set up in year 2002. However, since this Authority will be established by a legal text to be adopted by Council and Parliament, the exact date will depend on the length of debate.

PS: Your statements and comments emphasise much on "scientific advice, "sound science", "science excellence", "scientific aspects", "science-based", but is it not fair to say that science does not have all the answers and that personal ill-health responses are often more revelatory before science has even had the chance to prove and analyse such effects? Will such occurrences, before scientific proof has been established, also be taken into account

Silvia H_mera: what will the role of the Food Authority be?

Byrne: To provide the scientific basis for Regulation of Food Safety.

PS: What will the Food Authority need as 'proof' from the general public before it reacts or intervenes? Will it need another outbreak of BSE? Will it play 'safe' rather than await the outcome, and how 'safe' will it play without scientifically-established proof?

PS: Can the general public approach the Food Authority and, if so, will their fears and comments actually be investigated and taken seriously? What will be the address of the Food Authority?

Suzana: where will the agency be located? has it been decided already? if not yet, when will it be made public?

Aziz ben Marzouq: How do you envisage ensuring that the future Food Authority is completely independent of the industry and of politicians.

Claire: There appears to be a gulf between the EU and USA in terms of how high the barrier of acceptable risk is set in terms of food safety. I am interested in Commissioner Byrne's perception of where such a difference in outlook may come from?

PS: Will the Food Authority be working in close conjunction with the medical professions?

Byrne: The Food Authority will establish networks with all the scientific communities and also medical professions where this is needed.

PS: Can the Food Authority be held liable, in cases where it has chosen to ignore, disregard or not accept, views or facts concerning specific food safety fears? How can one establish what facts will be taken seriously by the Food Authority - what form of presentation will it require?

PS: Will the Food Authority have the legal capacity to enforce and punish offenders? If not, what is it's real use?

Aloy: The EU has set certain certification rules for the import of ossein and gelatine to eliminate Specified Risk Materials that could spread Bovine Spongiform Encephalopathy (BSE). When do these rules come into force? Has the EU informed its trade partners of this deadline? Are there any particular problems with third world producers of ossein and gelatin?

Byrne: The Commission has not adopted rules against BSE in these products in the framework of rules to remove specified risk materials from food and feed.

PS: How will the Food Authority establish what is in the better interests of food safety? Will it have guidelines and, if so, what will be these guidelines? How will it decipher whether scientific input/facts are purely self-profiting or whether they are in the true interests of the consumer?

Jumagopa: how will you guarantee the independence of the new FSA members?

Lna: When will there be labelling of GMO foodstuffs in Europe? in France?

Byrne: Foods containing or derived from a GMO have to be labelled as such, foods derived from a GMO, but no longer containing a GMO also have to be labelled as GM-derived, unless they don't contain any DNA or protein resulting from the genetic modification,; the reason for this exclusion is that if there isn't any DNA or protein left, it is not possible to distinguish the product from a conventional food.

PS: How will the Food Authority establish and eradicate the misuse of, i.e. alternative food supplements in animal fees? (Example: feeding chicken derivatives to chickens - after all, chickens are not naturally cannibals, and going against nature's way is asking for trouble as has already been proven!)

Byrne: The food authority is a body generating the scientific advice necessary as the basis on the European Union will base its legislation. The type of question posed by you is rather an ethical problem rather than a scientific question. However if you feel that chicken fed to other chicken is dangerous such a question could be posed to the authority. In case of meat an bone meal it is forbidden to fed this to ruminants

PS: Will the Food Authority have the capacity and power to change existing approvals (after all, what was established as safe yesterday is not necessarily safe today)?

Byrne: The Food Authority will revise the scientific basis on which authorisation of food additives has been given and will provide the Commission, Council and European Parliament with the best scientific advice. It will be up to these 3 bodies to legislate.

Cep: How will the European Food Authority be funded, and how many full-time employees? To whom will it answer? To the Commission, or will it be truly independent and provide the public with its findings directly?

Byrne: The Agency will be publicly funded by Community budget in order to ensure its independence. There will be 255 employees in the first 3 years, then 399 subsequently. The Agency will have an autonomous right of communication and will provide information directly to the public.

PS: Do you not think that we should be more stringent with regard to food additives? Why do we have to add so many colourings, flavourings and preservatives to our foods?

PS: Would it be possible for you to enforce CLEAR, CONCISE and DETAILED labelling on food products? Labelling is being provided more and more in smaller print, on coloured-backgrounds that make the details difficult to read, and certain food additives are skillfully concealed under headings such as 'flavourings'!

PS: Does an established funding system presently exist to encourage the growth and sales of BIO foods? Should not more be done in this field? Are you prepared to do more in this field and, if so, how will you go about doing so? Denis: does the commission plan to introduce 'HACCP' as a legal requirement for primary producers(farmers)?

RobertB: Once the go-ahead has been given by the various EU states, how long will it take to set up the food agency? How long time is needed to make it fully operational?

Moderator: to PS, please don't post all your questions at once. Let Mr. Byrne reply.

Alessandr: How does the EU ensure that food is safe?

Dr Hans Guido M_cke: Is a EFA really necessary?: Is the creation of a EU monitoring authority needed as the Institute for health and consumer protection in JRC could do the work?

Byrne: The EFA will have a much wider competence than the JRC. Furthermore, one of the major advantages of the EFA is that it will be an independent body of scientists advising on risks on food and feed. This is what the consumers want and is necessary to enhance consumer confidence. On occasion, the EFA may request research work to be undertaken by the JRC but they are separate bodies. World: Is Helsinki finally to be the seat of the EFA? Candidates for Directors?

Byrne: Seat is not yet decided. Nominations for directors will be considered only after the authority is created.

Gala: What indicators can be proposed for the long-term effects of the safety for food products? Can the occurrence of malignant tumours of digestive tract provide some clues?

Byrne: It is extremely difficult to relate long term effects with individual foods, unless you operate a specific post-marketing monitoring program using a controlled population; this is not currently done on larger scale but it is being considered in relation to specific GM-foods which would be significantly different from conventional counterparts.

Antonio: in 1998 I did the COM/A 1046 for staff for the FVO in Dublin (speciality Food Safety)> I have been on the waiting list for more than two years. Can you tell me what my chances are of a post and is the Dublin FVO related to the new FSA?

Moderator: I don't think this is the place to ask this question!

lna: Where does the gelatine come from for Haribo sweets?

Byrne: it can not be said beforehand where the gelatine comes from. It could be derived from hides or skins or from bones and from several animal species, mainly pigs and bovines. Nor can it be said from which country the gelatine originates.

Maria: I would like to know how you intend to increase controls of agrifood businesses IN PRACTICE, on a day to day basis? Will self-control continue?

Byrne: Three levels of controls are necessary in order to guarantee safe food; Auto-control by the operators (including agri feed business) 2nd control by the national authorities from the Member States or third countries and an overlooking role of the Food an veterinary inspection office in Dublin who audits the national authorities concerning their performance.

Vittorio: point 72 of the White Paper covers fast-track registering of pesticides with negligeable environmental impact. This includes pheromones for sexual confusion. Law 91/414 doesn't cover these methods, but 01/2092 allows these for organic farming. Producers would like a decision...

Moderator: your question is off topic!

Antonio: what are Barcelona's chances of becoming the seat of the new body?

Byrne: Barcelona is one of the three cities which have indicated an interest in becoming the seat. Barcelona has prepared a very comprehensive presentation for consideration by the Commission and Council. Like the other two candidates, it has advantages and disadvantages, all of which will be weighed in the balance before the Commission and Council come to a conclusion.

World: According to you, which are the main differences between FSA and its US counterpart?

Byrne: The European Food Authority will be a independent scientific body charged of scientific assessment and not of risk management decisions as these decisions remain the responsibility of Commission, Council and European Parliament. The US FDA is an agency in charge of risk assessment and risk management but is not totally independent from the government as it is part of the US government. Cris: would the EFA head offices be decided previously to the approval of the legal text?

Byrne: Probably.

Aloy: I saw a document on europa web site titled: "Commission Decision of 29 June 2000 regulating the use of material presenting risks as regards transmissible spongiform encephalopathies and amending Decision 94/474/EC(notified under document number C(2000) 1735)"

Byrne4: You are right this Decision was published last June. However, it does not cover safety rules for osseine and gelatine per se. Rules for these products will follow later when the European Parliament and Council agree to a proposal from the Commission that will indeed cover all products. The emergency measures taken for the moment concentrate on the largest risks.

lna: But there is still no systematic labelling of GMO foodstuffs in France?

Byrne: The reason is that most producers are no longer using GM ingredient because consumers are leaving GM-foods on the shelves.

Cep: If the EFA is independent, will it be able to carry out its own surveys and inspections as and where it sees fit?

Byrne: The European Food Authority will be a truly independent body in its fields of competence: scientific advice, identification of emerging risks, collation of data, scientific support in case of crises, etc. However the public democratic authorities will remain responsible for risk management e.g. legislation and control.

Muecke: In GB 73 have so far died from new variant CJD. More have been added to the total since. What is the exact figure and do these figures not just confuse the public more?

Moderator: your question is too precise for this exercise!

LucaBucch: Will EFA be in charge of risk communication? Will its decision making be transparent, including submission of public comments?

Byrne: The new EFA will be able to communicate directly to the general public on matters within its area of competence. It will operate openly and transparently.

Betty: I want to know if the new food safety policy will provide for special rules/standards for rural and local craft products?

Byrne: The hygiene rules proposed in July 2000 foresee the possibility of making special provisions for traditional food production, without however compromising food safety.

Neil Griffiths: In the UK food businesses that can demonstrate all reasonable precautions and all due diligence could avoid enforcement action. Does the Commissioner agree that this principle could have merit across the EU by inclusion in the General Food Law Regulation?

Byrne: The principle is a reasonable one, but were public health is at stake strict liability may be necessary.

RobertB: Once the go-ahead has been given by the various EU states, how long will it take to set up the food agency? How long time is needed to make it fully operational?

Byrne: The EFA is likely to be operational by the end of 2002 or early 2003. It largely depends on how quickly the legislation announced today will pass through the European Parliament and Council. However, as this has been discussed with me on many occasions in the Parliament and Council, I expect that there should not be many areas of conflict. In that event, the EFA will be established sooner rather than later.

Carolina: According to the White Paper, producers and suppliers will be responsible for food safety. What sort of liability is this?

Byrne: Producers and suppliers will be responsible for the safety of the food they put on the market. This will be without prejudice to the general rules of a general liability for defective products.

Anna Bartolini: The powers of the EFA seem modest, no scope for major action on consumer protection, e.g. stopping an offender in the food sector. Is the Authority's scope not rather limited?

Byrne: The power of the Food Authority is quite vast as it is in charge of the entire risk assessment. It is clear that the responsibility to take action, to ban products or close down establishment remain on the shoulder of Commission, Council and European Parliament. The Food Authority by making an active communication policy will also speak to consumers and contribute to spread knowledge about safety.

Helen: And that includes all hazards identified by the Commission?

Roberto: Which sectors are currently priority areas for the introduction of the HACCP system?

Cris: Which will be the relationship between the EFA and the FVO in Dublin?

Byrne: The EFA will be an independent body responsible for risk assessment and the communication of risk to the public. The FVO is part of the Commission whose function is mainly inspection and control, so they have clearly separate functions. However, the opinions of the EFA and the reports of the FVO will be and are made public and each will take into account the work of the other.

Andreas: I'm a former employee of The Danish Consumer Council. How will the co-operation between the Authority and NGO-type organisations be?

Byrne: The European Food Authority will be an organisation that will be able to speak directly to consumers. In addition the proposal adopted today for the Authority will give consumer representatives an important place on the management board.

Alessandr: What controls in food chain, what sort of certification and labelling?

Aloy: So the Commission has not asked countries like India not to export osi, gelatine without certification?

Byrne: You are right again. Import of osseine and gelatine will not be subject on the basis of this Decision.

Mareke Kortmann: Food safety liability, in last year's dioxin scandal the fact that liability for food safety lies with the manufacturer. How can we ensure that in future such black sheep are not allowed to produce feed and food? Dan: On quality and flavour, aren't these aspects of food safety too?

Byrne: These aspects are very important for consumers' enjoyment of food. However, quality and flavour are not considered as components of food safety even if very often the food businesses having high safety levels. also have high quality levels.

Andreas: I mean will there be any forums for coorperation with for instance consumer councils....

Byrne: The European Food Authority will be able to form links to consumer and other groups in order to facilitate its work.

Lise Hellebo: Will the Food Safety Agency have any regulatory mandate or sanctioning opportunities towards member states?

Byrne: The Food Authority will be responsible for risk assessment and remains the responsibility of the Commission.

RobertB: If the state authorities will still be responsible for risk management rather than the new EFA, will the new agency really be of great use? Is not one of the objectives to harmonise legislation and control among the states in this issue?

Byrne: The role of the EFA will be to assist the Commission and the Member States in their risk management by providing them with independent and excellent scientific advice; this will achieve harmonisation, because the Community and the Member States will have a solid common base for their action on food safety.

Wolfgang: How realistic are your plans for a European Food Safety Agency Byrne: Very realistic. My proposals made public today have been discussed in one manner or form on many occasions in the European Parliament, Council of Ministers and the Commission. All of these Institutions substantially support our proposals and regard them as realistic.

Dan: On location of Agency- what do you think of the offers to house it so far?

Emilio: Won't an EFA without legislative and penalising capacity run the risk of being just a cipher, created to calm and quieten public opinion?

Byrne: No, the Food Authority will have a strong and authoritative scientific voice so it will oblige Community legislators (Commission, Council and European Parliament) to take all their responsibilities to adopt severe measures based on the scientific opinion of the Food Authority.

Francesca: Why " Authority " and not " Agency " ? What is the actual difference?

Byrne: There is no substantive difference.

Dr: When 17 directives are compiled into 4 what will happen to the establishments in India who have already spent a lot in complying with earlier regulations?

Byrne: The consolidation of 17 Directives does not affect the approval system and import conditions of products of animal origin, including fish.

Moni Manfre: Could decentralisation of the EFA be a first step towards bringing Europe closer to the citizens?

Byrne: A step, but not the first step which is already been taken. Alessandr: on reading labels- what do you need to know when reading a label, if you want to avoid risks?

Byrne: A label needs to give every consumer accurate information on the ingredients.

World : How can excellence be achieved with such a small budget and staff to start with?

Byrne: The authority will draw an expertise from all around the Community. By the second year of operation the authority will consists of 168 staff which is not small. It will grow to over 300.

COCERAL: Should decisions taken on the basis of the precautionary principle be justified by scientific evidence or not?

Byrne: The precautionary principle requires an evaluation of all available pertinent scientific information in order for measures to be adopted. If measures are adopted they are kept under review while further scientific data is collected.

EckBE: You often speak out in favour of consumer informed choice. Yet Commission funds are more likely to be spent promoting beef sales than telling people about the labelling directive 98/6/EC. Are there reasons for this course of action?

Byrne: Yes, I would certainly agree that both of these things should be done in the same time promotion and explanation of correct label interpretation

Hoarder: With regard to 'own-check' programmes... the situation is, if anything, worse than it was five years ago. Companies have slipped into relying upon their suppliers 'own-checks' without any challenge testing by themselves to verify suppliers' 'own-checks'. Companies do this with impunity because there is too little emphasis in the regulations on 'verification'. This does nothing to redress this.

Byrne: The own checks lay responsibility with food businesses, they have to ensure the safety of the products. The competent authorities have to properly monitor whether the food operators take up their responsibilities properly.

Maria: Will we soon see a ban on all meals of animal origin used for the feeding of any animal?

Byrne: Arguing from the safety of the meals there are no scientific recommendations to take such a stringent measure across the European Union. We would however need to examine the effectiveness and enforceability of the current feed ban measures which only concern a ban on feeding ruminants with mammalian protein. The information that is coming available now on BSE cases born after the feed bans is an important element in this evaluation. Claire: Will there be any liaison between the new authority and the FDA in the US?

Byrne: Yes, of course we envisage close contacts.

Suzana: My major concern is how to establish a controlling mechanism that will be efficient throughout all the member states. regulating is important, indeed, but if there is no efficient controlling mechanism, than the importance of regulations is undermined... one can see so many cases, in labelling, but not only in labelling, where the law is not reinforced as it should. will the EFA have a scheme to improve this?

Sabine: Could the EFA be organised in a way which is similar to the way EMEA operates in the field of drugs?

Byrne: Yes, in fact we have taken as a basis the EMEA model in so far that the EMEA is a centre of a scientific network connecting all national agencies and exploit all existing scientific expertise. In this way, we believe that a consensus on the scientific basis of legislative measures can be created in Europe.

MEDIA: Fischer, the Minister of Health has threatened to ban the import of meat from all countries which do not label correctly. She expects the regulation to be transposed by the start of 2001 at the latest. How do you react?

Byrne: Beef labelling is required by the beef labelling directive which came into operation on 1 September and must be fully implemented by Member States on or before 1 January. This applies to all Member States. In addition, the conditions under which UK beef is exported, i.e. the DBES, also requires that beef exported from the UK be sufficiently labelled to allow for full traceability if there is a problem with a particular consignment.

Vittorio: Will the EFA develop a fast-track procedures for low-risk substances and what does this means ??

Byrne: We do not currently envisage a fast-track procedure for low-risk substances (e.g. additives, pesticides); if the substance is really a low-risk one, the scientific advice and decision-making process should be a smooth one... Dan: Will the Food Authority create standards for all foodstuffs, including traditional regional specialities?

Byrne: The authority will not set standards for food quality. It provides the scientific basis on which risk management decisions will be taken.

Luca Bucch: Compared to the US, Europe does not have strong and credible agencies that translate scientific evidence into public health protection and also have a broad enforcement authority. What is the rationale for creating an "Authority" when the entity will in fact have little enforcement Authority?

Byrne: In the present institutional framework the responsibilities for risk management decision should remain with the political legislator which is Commission, Council and European Parliament. The Food Authority will have the power to adopt and make known scientific opinions which should be the basis on which the legislator will take enforcement decisions.

Claire: Would this close contact with the US FDA involve pooling of scientific expertise?

Byrne: I see no reason why did could not develop over time.

Dr: Will the consolidated copies(4new directives)be available on the web site? if so, when?

Byrne: Yes, the proposals are available on the Commission's web, in the data base called EURLEX.

Muecke: Are you not leading the public astray by constantly under reporting the number of deaths due to new variant CJD? Surely this is the biggest concern expressed to the UK and EU consumer authorities now.

Byrne: This is national competence. However, the Commission is closely monitoring the evolution of the number of vCJD cases and is carrying out a constant scientific watch with the scientific committees.

Craig: Will the EFA take a position to support science based food safety technologies like Irradiation in the face of political based opposition?

Byrne: It is not in the mandate of the EFA to support specific technologies or resist their introduction; substances and processes will be subjected to the same high quality risk assessment process, as provided for under Community legislation; whether or not the technology (such as irradiation) can be used or not will remain a matter for the legislator.

Cris: If there is a conflict between the opinion of the FSA and that of a national food safety agency, how is the dispute resolved?

Byrne: Probably a decision will be make at the side of the authority before the legislation is finalised. We hope so.

Gala: When evaluating the risks of GM food we must do it against some normative line, for example the diet of medium consumer. Therefore, should standardised recommendations be provided for the safe European diet?

Byrne: We don't see that variation in normal diet will affect the safety of GM Foods for consumers

RobertB: Do you think that eventually, the EFA might be able to get a controlling role as well? It concerns me that the EFA may become very ineffective if individual EU states will still select their own food safety and control laws.

Byrne: For the moment the controlling role is done by the Food and Veterinary Office which is situated in Dublin and has almost 150 inspectors. We believe that this office is performing an excellent control activities, you should know that all inspections reports are published on internet so the cases in which Member States and third countries are acting in an insufficient way are known also by the public and the Commission is acting against them with infract.

Vency: The ANNEXE C of the Directive 92/46/CE concerning heat treatments that 'must' be applied to milk for pasteurisation purposes, and the heat treatment that 'must' be applied to milk for sterilisation purposes, it proves UNEQUIVOCALLY the absolute Scientific/Technological Incompetence of the Scientific Committee of Foods about the matter. QUERY: There is any possibility to correct a WRONG DIRECTIVE?

Byrne: Our legislation is constantly being updated to take account of amongst others new scientific evidence.

Dr: In the new regulations the criteria fixed for sanitation and hygiene will be more stringent than the earlier ones or not?

Byrne: The rules on hygiene have been simplified. This is a consequence of the systematic implementation of the HACCP system.

Alessandr: On labelling, how will the average housewife be sure of what she's buying?

Byrne: Labelling rules require clear and accurate information to be included on labels. This requirement already exists in European and the national implementation provisions.

EckBE: Do you plan an info campaign on price labelling?

Kate Trollope: Will the board of the EFA not be ridiculously big? You have a rep from each member state, you have people from the Commission plus those approved by the European Parliament. With enlargement, this is huge. Will anything ever get done?

LucaBucch: The idea of EFA is based on the assumption that risk management and assessment can be separated. In the US, this assumption is questioned. Don't you think that it will lead to strong and unmanageable attrition?

Byrne: No, we believe it makes an essential contribution to clarity. The risk managers will of course have to develop a co-operative relationship with the authority.

Sabine: How would you address cultural differences in terms of risk perception across European countries? In other words, how can you ensure that the food standards that are accepted in the UK are also accepted in, say, France given that consumer sensitivity differs?

Byrne: Considering the headlines of the different European newspapers during the dioxin crisis, I think that the risk perception on food safety is very similar in all the Member States. European food standards are in fact mostly food safety standards, therefore they are well accepted by all Member States since their aim is to protect consumer health.

Madrid Municipal Authority: Have you considered the possibility of an emergency plan for food scares, which hygiene authorities in the Member Sates can use as a blueprint?

Byrne: On emergency plans for food scares, indeed, this is an excellent question. In today's proposal for a European Food Authority we have established a requirement for the Commission to draw up a food safety crisis management plan. In addition, for the rapid alert system we have also be looking at how we can develop a common approach to unsafe foods by control authorities.

Cris: Will the EFA head offices be discuss in the Nice Summit in December??

Byrne: It is not yet known, nor it is on the agenda of the Nice summit, the question of the seat of the new Food Authority. However it is possible that Heads of States will decide to discuss of this issue.

Carolina: Will the opinions of the FSA be binding for the Commission?

Byrne: The opinion of the Food Authority will be the basis for the Commission decisions. However, the Commission can take into account also other factors which are not of scientific nature like for example ethical or societal interests and needs.

Devnull: Are you concerned that the input consumer groups such as BEUC have into the formation of new legislation is far outweighed by business interests? E.g. in meetings there may be just one consumer rep against many business interest reps.

Byrne: Quantity is not everything. The Commission makes a particular effort to take into account the views of consumer organisation's and other NGO's.

Dr: In case of processing of fish and fishery products, up to which level you consider primary & non primary?

Byrne: Fisheries are defined as primary production. This does not influence the present system with regard to freezing and processing vessels.

Carolina: How will the national and community controls be co-ordinated?

Byrne: The European commission has foreseen in each of the different sectors co-ordinated control programs.

Csalud: Do you think traceability should begin with primary production?

Byrne: Traceability is required for all food of animal origin.

Evi: GMO labelling - I still don't know when I will be able to find clearly labelled GMO-free foods on the supermarket shelf and why are consumers not made aware of the GMO-free labelling ?

Byrne: Producers are indeed not too keen on labelling GMO-free, because of the responsibility they would face if the product was actually contaminated. The point is that GM-free is voluntary, and producers are not too keen to put in place the necessary segregation that will give them an assurance that any contamination will not occur.

Cep: In which Country/Town does the Commission intend to set the Agency? Byrne: It has not yet reached a decision; to facilitate access to the authority, it has said that it favours a central location.

Carolina: Will there be scientists from all member states in the FSA and will they be appointed by national authorities?

Byrne: Two types of scientists will be involved in the EFA : Employees of the EFA who will be selected by normal competition and the scientists of the scientific panels which will be selected on the basis of calls and then selected on the basis of their excellence - I stress that they will not be nominated by member states

Kate Trollope: At the moment, scientific advice is almost free of charge for the Commission (i.e. you pay travel expenses plus a small allowance).I know scientists who cannot afford to continue advising you. Should you not pay scientists properly for their time and their advice?

Byrne: This issue is presently being discussed by Commission services Andreas: What kind of particular effort will be made with respect to BEUC and the EFA ?

Byrne: At the European level the BEUC is the point of reference for the Commission on many consumer matters. In addition to the members on the Board it is probable that this will also be the case for the EFA.

Donato Troiano: On food quality and traditions, many consumers and environmental organisations regard food safety as encompassing quality and traditional production methods as well as health considerations- what should the Agency's approach be, in your personal opinion?

Byrne: Food safety does not interfere with traditional ways of food production. In the recently made proposals on food hygiene presented in July, special provision has been made with regard to traditional food production.

Debra: Traceability will pose an enormous financial burden on industry. How does the Commission propose to help spread this financial burden?

Byrne: The general obligation for traceability will in fact be limited to the obligation to know from where an operator has taken his product and to whom he has sold it. This is a minimum of requirement which will not impose a great economical burden. More detailed provision on traceability along all the food chain like for example the recent beef labelling scheme are imposed only on more specific sectors which are particularly sensible.

Vency: Can you let me know the EC Office charged to update/correct Food legislation and to which the claims could be addressed?

Byrne: It could be addressed to the European Commission, Directorate-General for Health and Consumer Protection, Rue Belliard 232, 1040 Brussels.

PS: What will the Food Authority need as 'proof' from the general public before it reacts or intervenes? Will it need another outbreak of BSE? Will it play 'safe' rather than await the outcome, and how 'safe' will it play without scientifically-established proof?

Byrne: Your question is very welcome. In fact the identification of emerging risk was not a task undertaken at Community level and the new European Food Authority will be responsible for this task. Early warning of emerging risk will allow the Member States and the Commission to prevent rather than to cure.

Cris: Do you think it is possible to compile all European food legislation in a book of a reasonable size. Has it been done?

Byrne: We are working on such a project, not only in relation to food safety, but also on consumer right generally. In addition, legislation relating to GMOs is available on the internet and ultimately food law will be available on CD Rom.

COCERAL: When are crops considered to be foodstuffs- on the field - once they have been harvested or once they have been processed for their final use?

Byrne: To crops still on the field certain food legislation will apply for example pesticide treatment during growing period.

Imie Nazewski: Will the new food law help solve and avoid further disputes with the US?

Aloy: The Director General of Foreign Trade of India has issued a public notice dated 6 July 2000 saying: "Export of Bones and Bone Products including Ossein and Gelatine intended to be used For Human Consumption Meant for European Union" will be "Allowed subject to approval of establishment of production and issue of Health Certificate by Chemicals and Allied Products Export Promotion Council (CAPEXIL) in respect of the exported item. Was there any provocation for this?

Moderator: This is out of the scope of this chat

Suzana: I would like to know the status of health/nutritional claims at the moment, and when do you reckon that the EU will have something to say about this issue.

Byrne: This is on our program for next year; we want to introduce a framework which will provide a basis for both allowing and controlling nutritional and so-called functional claims.

Sabine: The example on the French embargo on British beef tells you a lot about risk perception....and for example French consumers are not ready to eat the same beef as British consumers....and this is only one example among others.

Byrne: Risk perception and scientific information as a basis for food safety should match. Risk communication plays a crucial role in this context.

EckBE: On beef labelling, consumers will unfortunately only be able to tell the country of origin of beef in 2002. Why cant you demand this straight away?

Byrne: The first obligation of the beef labelling regulation is to label the place of slaughter as this can be known straight away. In order to know all steps of the life of animals a complex system of registration needs to be in place and for the moment this registration system is not applied to a great number of living animals. In conclusion, it was impossible to impose an obligation which could not be applied for all animals.

Suzana: My major concern is how to establish a controlling mechanism that will be efficient throughout all the member states. Regulating is important, indeed, but if there is no efficient controlling mechanism, than the importance of regulations is undermined... One can see so many cases, in labelling, but not only in labelling, where the law is not enforced as it should.

Byrne: I agree that it is important to establish efficient food controls. The White Paper on food Safety contains an action (action 4 of the Annex) to re-enforce controls within the Member States and by the Commission. We hope to come forward with these in July 2001.

Andreas: Who are all the other Byrne's today...from DG Health and Consumer Protection?)

Moderator: members of Mr Byrne's team of experts

Evi: on labelling, I get the Commissioner's point, but I would like him to tell me what the Commission's timetable for GM labelling is?

Byrne: The Commission has scheduled a discussion with Member States on both labelling and traceability of GMO's and GM-derived products; depending on the outcome of that discussion, the Commission will table a new initiative in the first half of 2001.

Betty: has there been any response from big food sector businesses on the precautionary principle?

Byrne: The Commission's communication of February on the Precautionary Principle has resulted in substantial interest from the industry sectors. The responses we have received have supported the objective manner in which we have tackled this complex matter.

PS: Can the general public approach the Food Authority and, if so, will their fears and comments actually be investigated and taken seriously? What will be the address of the Food Authority?

Debra: You said earlier that the precautionary principle took into account scientific factors. Later you have noted that the Commission (as opposed to the EFA) will take into account other social and ethical factors. How can these factors be taken into account whilst ensuring certainty in the business environment?

Byrne: The Commission and the other European Institutions (Parliament and Council) will retain the risk management role. The EFA will be able to assess scientific information quickly and efficiently and enable the risk managers to have access to robust science on which to take decisions whether these are based on the PP or other risk management tools.

Cris: Could you please enumerate the main differences between the European food safety approach and the US one?

Byrne: In the US risk assessment and risk management are combined within traditional governmental departments. Europe tends to give greater emphasis to a precautionary approach.

Avvforte: On the indication "GMO-free"- does the Commission envisage using it?

Byrne: On GMO free labelling: a decision has not yet been taken.

Carolina: in what cases will the FSA apply the precautionary principle?

Mareke Kortmann: Possibilities for penalties in food law differ greatly from country to country. Are you considering EU wide approximation?

Byrne: The European Community is so far not responsible for food law offences. It is true that there are many differences between penalties between Member States and that there is a necessity to develop this. However is remains so far the exclusive competence of the Member states.

RobertB: At some point in the future, do you foresee that the new agency might also be given controlling duties, and not only advisory?

Byrne: The European Food Authority is for the moment conceived as a scientific body able to advise the Commission on scientific issues. Part of its mission, however, will link the Authority to the day-today safety problems. It will operate the Rapid Alert System (notification of serious risks identified anywhere in the Community) and will be part of a crisis unit in case of crisis. The Commission proposal provides for a review

Emilio: Don't you think it necessary to give the new FSA a regulatory mandate and sanctioning powers to reinforce its independence and credibility in the eyes of European Consumers?

Byrne: We don't think the EFA should have sanctioning powers; we consulted on this in the White Paper on Food Safety, and the vast majority of respondents supported our view that the EFA should concentrate on risk assessment. Claire: How will the EFA approach any potential discord with the US caused by the two blocks differing perceptions of where the barrier of acceptable risk should be set?

Byrne: Perception is not a scientific matter, it is more a question of sensibility and feelings. However, the Food Authority through its active communication on scientific aspects will enable public opinion to understand better scientific issues and therefore will diminish possibilities of over reaction on sensitive issues.

Media: On meat labelling - surveys show the Directive is not properly implemented in many Member States hence Frau Fischer's reaction. How do you react to a possible beef ban in Germany?

Byrne: I understand that you are referring to the labelling of British beef and its derived products. The place of slaughter will have to be marked on the labels of UK beef as of 1 January 2001. The need is to ensure that the rules are properly respected.

Vency: According to Food Science Technology Abstract [FSTA], among the Members of the Scientific Committee on Foods [SCF] set up by Decision 97/579/EC of 23 July 1997, NINE [9 =53%] of the SCF Members have a number of Scientific Papers/Citations ranging from ZERO to 5, in the preceding 25 years [1969-1995]. Do you believe, Mr. Byrne, that European Consumers/Technicians have to trust on such a SCF? What about the EFA?

Byrne:I am satisfied that we have a rigorous system for selecting members of our Scientific Committees - the publication record of SC members are normally very considerable.

Jesus Alberto: What went wrong in the French system that lead to cases of BSE?

Byrne: Please refer to the SSC Opinion on the geographical BSE risk in France on our web site (http://europa.eu.int/comm/food/fs/sc/index_en.html)

Carolina : Which measures are you envisaging to prevent the contamination of foodstuffs?

Byrne: The Commission has submitted proposals to the Parliament and the Council on food hygiene (July 2000). These contain a number of measures that must prevent contamination. You can consult the proposal on the Commission's database "EURLEX" under document COM(2000)438.

Maria: Has ear-tagging had any impact in the latest cases of BSE?

Byrne: Ear tagging is obligatory for bovine in order to increase traceability of each single animals. So therefore I think that it has helped a lot in the tracking animals which could have been part of a heard in which a BSE case has taken place

Rose Waisberg: How can we, the consumer, eat any meat, with the knowledge that a deadly disease is constantly lurking on our dinner plates?? The last time the Minister of Health assured us that it was alright to eat beef, several people were diagnosed in the UK with the human form of BSE and recently died

Byrne: The measures taken to ensure the safety of beef, on a basis of the best scientific advice, mean that a deadly disease is not constantly lurking on our plates. As scientific understanding of the problem improves the measures will be adapted to ensure the highest level of safety.

Ferguson: Why is there still no traceability in beef labelling from producer to retailer?

Byrne: It was not possible to impose an obligation for a full traceability from the moment of birth of the animal to the slaughter as for many living animals a complete registration system does not exist. The full traceability will become compulsory only in January 2002 as by that moment farmers will have put in place a registration system for all animals.

Debra: Given that the precautionary principle is invoked if there exists scientific uncertainty then would it not be paradoxical to insist on 100% scientific certainty before health, functional or nutritional claims were made? Would it not be better to allow the consumer to make an informed choice?

Byrne: Any claims need to be based on a full scientific assessment concerning the reality and the effect of such claims. We can't allow that a product is put on the market with a claim which is not scientifically proved as otherwise consumer will choose something which is maybe not true.

Cris: Thanks for your reply about the differences btw US-European food safety approach. Nevertheless, could we know which are currently the main concerns btw Europe and the Us, as far as food safety is concerned?

Byrne: The main divergences between EU and US are on hormones (to increase meat in cattle), BST (to increase milk production) and GMOs' (US is accepting several varieties of GM-corn, GM-soya and GM-rapeseed that we don't); in addition, GM-foods normally don't have to be labelled in the US but have to be in Europe. Evi: Have GMO varieties of sugar beet been approved for agri. production in EU?

Byrne:I am not aware of any yet

²Jane Blake: Given the guiding principle that prevention is better than cure, should not the marketing of product manufactured from unpasteurised milk be forbidden?

Byrne: The marketing of raw milk products is allowed in Europe and stringent food hygiene requirements are applied. Raw milk products are subject to the stringent rules of the milk and milk products directive.

RobertB: How will the recruitment process to the European food safety authority work? What kind of people will work for it, where will they come from and approximately how many will they be?

Byrne: Recruitment will be the same as for that used by other European agencies. Mostly scientists will work in this Authority although communications people will also be required. 255 people will work in the first three years and subsequently the number will increase to 339 (contrary to earlier answer - an error)

Alessandr: on the chat- how's it been for you, Mr. Byrne? Are you enjoying the experiment? Have you received the sort of questions you anticipated?

Byrne: I'm having a wonderful time - greatly enjoying the experience. The question asked display quite a considerable amount of information from a lot of people and a lack of information by others. Our challenge is to explain clearly what the issues are and this internet chat is an opportunity to do so. Loulou for the moderator on language coverage: as I see it, a discussion in 5 languages would mean simultaneous translation of each question (or reply) into each of the other four --- but here, everything is being translated into English, but not from English into the others. Pity....

Moderator: it is impossible to translate everything into all languages. The rhythm is too fast. Only the EN channels bears all the questions and answers. Sorry...

John White: How can you ensure that the precautionary principle will not lead to unwarranted food scares and a loss of confidence generally in food?

Brigitte Feuerbach: How do you evaluate the risk of antibiotic growth promoters for human health?

Byrne: Antibiotic and other antimicrobial substances may induce cross resistance in micro organisms. If a cross resistance is induced in a pathogen the antibiotic will have less effect and the person suffering has no benefit of his treatment. So the evaluation is to see whether cross resistance is occurring. Is this answer satisfying you??

Annette Neuhaus: On fraud protection, the white paper talks of health protection and consumers protection against being led astray. what is the importance of fraud protection in food trade and will this protection be anchored in legislation?

Betty: How can one guarantee the reliability of scientific criteria applied to craft products hundreds of kilometres away from their place of production, given their lack of standardisation and high variability? Will the new body co-operate with any local scientific organisations in some sort of network of analytical excellence?

Byrne: Craft products should not present a risk to human health. This includes the respect of e.g. microbiological criteria. We will have to work in co-operation with the local control authorities and be satisfied that a satisfactorily sound system is in place.

Stanbrook: Is it 100% sure that Creutzfelt-Jacob and BSE are related? I have never seen scientific evidence on that although the media keep mentioning the link between the two. Won't it be the role of the EFA to inform the public on this kind of statements?

Byrne: Your answer, including the scientific literature references, is provided in the SSC opinion on human exposure lower limit line adopted in June 2000 and available on our web site http://europa.eu.int/comm/food/fs/sc/index_en.html

PS: Will the Food Authority be working in close conjunction/cooperation with the medical professions and not just scientific researchers?

Madrid Municipal Authority: Have you studied the possibility of a standard for auditing HACCP systems and what will the role of the FSA be in this area?

Byrne: This is an important question. We are preparing, as foreseen in the White Paper on Food Safety (action 4) a proposal on official controls. This will contain an obligation for auditing. Further reflection is needed on details. It is essentially a matter for controlling authorities.

Ivar V_gsholm: Congratulations on the global approach taken in the white paper and the proposals that will contribute to the seamless supervision in the food chain. However, could there be inconsistencies when the risk communication and management are separated?

Byrne: The establishment of the European Food Authority will not separate risk communication and management. The EFA will be responsible for risk communication linked to risk assessment, however the Commission will remain responsible for communication on risk management decisions.

EckBE: Regulations EC 50/2000 and 1139/98 govern GMO labelling. Will there be an information campaign to explain the importance of the additives on the label and so consumers can understand the importance of the info given?

Byrne: We do not intend to run info campaigns on GM-labelling for the time being; our priority is to clarify and complete the current system (replacing 1139/98, 49/2000 and 50/200 with one comprehensive and harmonised regulation that should be more user-friendly; also, we have to review the 1% threshold for adventitious contamination).

Pma: Could you tell me who invented/discovered the Precautionnary Principle?

Plorins: I've some question about food surveillance systems in internal market. Which system is better? When surveillance make only one Authority - from farm to table, or when surveillance make severally authority in each stage of chaine of food?

Moderator: could you be more specific please?

Cris: Can you briefly explain how the EFA would react in a crisis situation like the one happening nowadays in France so that we can understand the working procedure of the new Authority?

Byrne: EFA will issue rapidly a scientific opinion on the risk derived from certain bovine products with an authoritative voice which would have taken into account all national positions. In this way it would be known at European level whether meat products constitute a risk or not.

EckBE: On beef labelling - Member States have had since 1997 to work on this. Why has the original time table not been adhered to?

Byrne: It is true that Member States knew since 1997 of the obligation to register all animals but this has proven to be more difficult than expected. So For this reason it has been necessary to give a further delay to Member States for the implementation of the beef labelling scheme.

Aziz ben Marzouq: In your opinion is Brussels not the ideal location for the future European Food Authority (rather than Barcelona, Parma or Helsinki)?

Byrne: All of the three existing candidates have pluses and minuses. If Brussels were a candidate, it also would be an attractive location but also with some disadvantages. It is necessary for the Commission and Council to weigh in the balance all of the advantages and disadvantages before coming to a conclusion. Because it's function is to provide a scientific basis for risk management. Policing market behaviour is the responsibility of the Member States and the Commission.

EckBE: advertising - why will the EFA not monitor advertising statements as the FDA does?

Catarina: Do you think that Portuguese food security is guaranteed?

Byrne: I am satisfied with Portuguese food controls

Maria: Are you aware that a show is often put on for Commission inspections?

Byrne: Our inspectors are fully trained to distinguish to set up (show) or fake Inspections

Media: This chat is very hard to follow. There is no continuity: it is hard to get an overview. This is hardly a discussion! Yet I still have some questions which hopefully will be answered in the time remaining.

Moderator: yes, a chat is a live event! It is difficult to control but that is why it is fun! Please post your remaining questions.

Sabine: Would national food safety agencies remain? How would you define the respective roles of the national agencies and the European agency? Would they have clear cut duties? How would you ensure that they don't overlap?

Byrne: Yes and they will have a function on the advisory forum, giving advice to scientists working with the Food Authority. This will avoid overlap and disputes.

Dan: On seat of EFA, personally, would you support the EFA having its seat in a Mediterranean or Nordic country?

Byrne: The Commission has said it favours a central accessible location. Neither Mediterranean nor Nordic locations seem to be the best from this point of view.

Seppo: Where in your mind European Food Authority should be placed? Would Finland have a chance?

Byrne: For the moment, all candidate cities have an equal chance.

Fernando Romero: Have you foreseen the participation of Consumer Associations in the new EFA?

Byrne: I feel strongly that the European Food Authority will have to build a relationship of confidence and transparency with the consumers. In particular it is proposed that consumer representatives are part of the EFA management board.

Catarina: Portugal has a problem with BSE. What is, in your opinion, de measures needed to control it?

Byrne: The Member States agreed in autumn 1998 to temporarily ban the exports of live cattle, bovine products and meat-and bone meal from Portugal. This ban will be relaxed as soon as the many risk reduction measures taken by Portugal will have effect. To monitor the situation the inspectors of the Food and Veterinary Office are carrying out missions on the spot very regularly to verify the measures. I think you are referring to the estimated real level of BSE in Portugal. What we are learning now from both the experience in Switzerland and France where an intensified surveillance (random testing) is being carried out, is that the real incidence might be higher than when only looking at reported diseased animals. So when Portugal starts to apply the test we will probably find more BSE. But this is to be expected.

Media: On 1998 directive: can you suggest useful changes to the above directive? What chances are there of success. What is the decision making procedure?

Moderator: what 1998 directive?

Plorins: About surveillance system -for example: in Denmark food surveillance make in all chain make only one authority Veterinary and food service, but in Germany food surveillance make more separate institutions. Which system are better?

Byrne: Member States must organise food and feed controls efficiently. We are preparing proposals on how to achieve efficient controls, as provided for under action 4 of the White Paper on Food Safety.

Silvia H-mera: How can you co-ordinate the activities of the new body with those at national level?

Byrne: The Food Authority will work in a network with all national agencies and will use scientific expertise where it is available. Head of National agencies will also be part of an advisory forum to the Food Authority. In this way, we hope to create the best synergies between the European authority and national agencies.

Cris: In your response to Mr. Ben Aziz Mazouq concerning the seat of the EFA you say that the Commission and the Council shall weigh in the balance advantages of disadvantage for each Candidature... a two-fold question: is the Commission involved in the final decision? what about the European Parliament?

Byrne: The Commission will express its view. Parliament has already expressed its views on the Food Authority in the Bowis Report and no doubt the Counci will express its views in due course.

RobertB: I would just like to say that I appreciate this forum. Even though it can be hard to follow, IRC is by far the best medium for a chat. In particular, it's pretty much impossible to control or censor IRC, which is of great advantage and can increase public trust in EU institutions.

Moderator: thank you!!!!

Catarina: Portuguese veterinarian authorities said last week that surveillance in Portugal is very precarious. But now you are telling that the control is satisfactory. How do you comment that?

Byrne: Sorry Catarina, the end of my answer got lost. It should read - Of course we are following the situation very closely.

Ferguson: Would it not be more consumer friendly to spend the millions now spent on EU campaigns for Agri product advertising on an honest campaign to inform consumers? This would be better for all: consumers, authorities and producers. Is the Commission too much under pressure from the producer lobby?

Byrne: The campaigns to promote agricultural food have as first aim the promotion of consumption of certain products issued from European agriculture. The Commission on the other hand is also financing a food safety campaign since the last three years. Such campaign has the prime objective to inform consumers about food safety issues.

RobertB: The fact that consumer representatives might become part of the EFA board is interesting. How would they be selected -- would they come from consumer interest groups?

Byrne: Thank you for requesting further information. This matter will be the subject of further discussion and reflection when establishing the future Authority.

Pwc: Following recent BSE developments in France and the announced national measures, does the Commission envisage taking any Community measures, restrictive or otherwise?

Byrne: We are consulting the relevant scientific committee again on the question of the safety of intestines and other items that the French propose to ban. A decision on whether to take for the measures depends on the advice that will be given.

Jonathan Dart: What confidence can consumers have that the European Food Authority will be respected by member states given the way in which the BSE crisis has been handled, with Germany defying EU law and not allowing imports of British beef, while taking no action against French beef?

Byrne: It is important that consumers have confidence in the EFA. I believe Member States understand the importance of the EFA in regaining and maintaining consumer confidence. The legislation provides mechanisms for the resolution of disputes between scientific bodies and also disputes between Member States relating to the trading of food.

Lise Hellebo: Scientific expertise is scarce in many countries. What are your plans on recruiting experts to the new Agency? How will you secure recruitment of the best available scientist?

Byrne: The present system of advertising openly will continue followed by a strict and transparent selection procedure - to date we have been able to obtain very high level scientists and I see no reason why this should not continue to be the case

Lise Hellebo: What will you do in cases of controversy or when scientific research is unsatisfactory or not available?

Byrne: When scientific information is not available, the precautionary principle may be used to protect health in those circumstances where there are grounds for concern about a risk to health but scientific uncertainty exists.

PS: Will the Food Authority have the legal capacity to enforce and punish offenders?

Byrne: The control and enforcement responsibility will remain with the Commission and Member States.

Debra: It is important that the FSA is transparent and accountable. How can this be achieved without placing too large a strain on limited human and financial resources?

Byrne: This is a key concern in our proposal; accountability will be mainly to the European Parliament and to the Commission; transparency will be ensured through various reporting mechanisms, making scientific advice available on Internet, etc.

Steve Higgins: Is 2002 still the likely date at which a European Food Authority would start operations?

Byrne: Yes, we expect that the Food Authority will start operation in 2002. However, this will depend on how quickly Council and Parliament will agree on our proposed regulation.

Cris: I am fully aware about the EP Resolution on the White Paper as well as the view of the Council of the EU. my two fold question was ONLY related to the seat of the EFA.

Carolina: How do you intend to deal with the differences in the protection afforded consumers in different member states?

Byrne: The level of protection to be ensured for consumers should be based on a scientific assessment of risk. By making a stronger and more visible scientific assessment at European level through the Food Authority, we can expect that Member States will not take any more diverging positions.

Dan: On France- do you think recent events in France will mean that the Nice summit will take an early decision on the Authority?

Byrne: The Nice summit should ensure that the creation of the authority is treated as a matter of high priority. It probably will not be in a position to take decisions on matters of importance because these need to be discussed fully and in a light of the opinion of the European Parliament which will not be available until next year.

PS: Do you not think that we should be more stringent with regard to food additives? Why do we have to add so many colourings, flavourings and preservatives to our foods?

Byrne: We have a substantial body legislation in Europe on food additives. In fact each additive is subject to an thorough evaluation by the scientific committee for food before it can be used in food.

Andreas: On recruitment to EFA - are there to be selections from all member states in order to get experts covering all regions/countries?

Byrne: Every effort will be taken to have a satisfactory geographical balance when selecting scientists.

Toon: Which criteria will be used to determine who will be on the management board of the EFA to represent industry? Who can apply for it?

Byrne: On the board of the Food Authority there will be 4 representatives of industry and consumers designated by the Commission. The Commission will make its choice ensuring a balanced representation of industrial interests. All industrial representatives can show their interest in this nomination.

Silvia H-mera: What will be the role of the FSA in risk communication?

Byrne: The EFA will be required to communicate directly with the public and will also publish its opinions and recommendations on the internet.

EckBE: On GMO labelling - how can legislation be consumer friendly if consumers aren't informed of its content?

Byrne: You are right; have you checked our Web-site on GM-labelling? we need both to make the regulation clearer to understand and to implement, and then we will need to make sure that it is better known by consumers; any suggestion in this respect?

Catarina: There is a ban on Portuguese cattle but now the problem in Portugal is the French cattle. So the danger comes from outside. Which are the criteria to decide a ban ?

Byrne: The situation is very different in Portugal and France. The level of BSE in Portugal reached at one stage an equivalent of more than 200 BSE case per million adult cattle. In France this level is many times lower. And we have also not seen the explosive increase here as we saw it in Portugal in 1998. We have no indication that this independent recycling of the agent seen in Portugal is also taking place in France.

Andreas: On the EFA management board...even influence for all member states?

Byrne: The proposal is seeking to set a balanced representation from the Council, the European Parliament and the Commission on the management board while providing for consumer and industry representatives.

R: On the European Directive on ionisation - compulsory labelling of all ionised products, including foodstuffs containing minute amounts of ionised ingredients is seen as an aberration by scientists and specialists in this technology. This law will no doubt lead to ionisation being abandoned , yet it is ideal for cleansing foods without spoiling them. Are you considering an amendment?

Byrne: I do understand your concern since from a scientific point of view. However the majority of consumers have asked to be informed on a label that the food has bee irradiated; I think that the consumer has the right to know so that he can make a ponderated choice. The legislator has to offer him the information.

Kate Trollope: The European Parliament wants the word safety in the name of this authority, what do think about such a title i.e. European Food Safety Authority?

Byrne: The Commission prefers the title European Food Authority without the inclusion of the word "safety". This is so because the EFA will have functions which extend beyond the issue of safety, such as nutrition and animal welfare.

Catarina: What do you think will be the problems in food security in the future?

Byrne: By definition, we can not foresee the future. Identifying emergency risk will be one of the tasks of the authority.

Emilio Lopez: On the basis of what criteria will the decision on the future seat of the FSA be made and when do you expect the decision?

Byrne: The decision on the location of the Authority can be taken in any moment in the future. Criteria such as easily accessible and centrally located will clearly be important as the Food Authority needs to have a strong connection with risk managers bodies (Commission, Council, European Parliament).

Kate Trollope: The European Parliament does not want the rapid alert system in the EFA. No doubt it will have doubts about its role in your proposed crisis management unit. What do you say to MEP's to defend your proposal?

Byrne: The Commission today proposed that the rapid alert system be operated by the EFA. This is because each rapid alert needs to be very quickly assessed when it is received from the Member States to add if necessary further scientific information before it is passed on. Crisis management will be undertaken by the Commission with scientific and technical support from the EFA.

RobertB: It is good that EFA information will be continuously made available on the internet to improve transparency. However, until the Council and Commission can come to an agreement on document accessibility that takes its citizens' interests more into account rather than just the perceived need for document protection, I believe these reports will have limited use since controversial information might not be released.

PS: Thank you, but my question was should we not be more stringent in our use of additives and why should we use so many?

Byrne: Additives can only be used where there is a technological justification. Many additives are added to prevent or discourage the growth of potentially pathogenic organisms. For example vinegar has been used for centuries to preserve foods.

Maria: Are the precautionary principle and socio-economic interests incompatible?

Byrne: Why would they be incompatible?

Toon: How will the independence of the EFA be guaranteed if partial funding by fees will be allowed?

Byrne: Fees will be only a small proportion of it's budget. The structure of the agency and its obligations concerning transparency will provide other guarantees of its independence.

Rose Waisberg: with the high volume of meat being transported, how can it be possible to check every piece of meat entering our borders to ensure that this fatal disease will not arrive here on our own doorstep?

Byrne: Community legislation prescribes that all slaughterhouses and meat cutting plants are checked on a daily basis. Also meat stores must be checked. These controls include any element that may play a role in assuring meat safety.

Anna Bartolini: On the Authority's relationship with other bodies- how will these links be regulated? I'm thinking particularly of the Food and Veterinary Office in Dublin and the consumer safety body in Ispra...

Byrne: Both these are parts of the Commission services and of course there will be a very close relationship with the EFA

Catarina: Do you think that EFA can prevent situations like those we are living with BSE?

Byrne: Yes, we believe that the Food Authority will follow closely all emerging risk in a way that a risk such the one on BSE could be identified much earlier.

Jacques Foulon: What could the European law do regarding an illness as BSE declared years after the exposure to the malignant agent. What about health care and a financial repair to the victims ? Who will be responsible for the charges? State, EU, insurance companies, actual responsible if any ?

Byrne: European Law can not resolve these problems. They will have to be addressed by the responsible authorities in the Member States.

EckBE: unintentional contamination: you said this 1% threshhold would be re-examined. Will it be adjusted up or down?

Byrne: Very unlikely to be adjusted up! most likely, it will remain at 1% (remember, the rationale is not to reflect detection methods, rather to reflect the level of contamination which cannot be avoided despite best efforts).

Andreas: Will the EFA conduct scientific research in food and health issues?

Byrne: The EFA will have its own budget to undertake scientific studies in order to fill gaps in knowledge which prevent it from fulfilling its mission or to respond to crises. This ensures that the Authority has the necessary independence to investigate problems which are not examined elsewhere.

EckBE: Beef advertising - does the commission not lose it's credibility if it encourages beef ads?

Byrne: The Commission has put in place a raft of legislation to ensure the safety of the beef supply. Its scientific committees have examined each question on beef safety as it has arisen. The Commission is concentrating on ensuring that the enforcement of these rules by the Member States are properly applied.

Toon: To what extent did the Commission take the response papers into consideration when it drafted it proposal for a EFA?

Byrne: We have taken into consideration a great part of responses. In fact, the majority of Member States, consumer associations and industrial federations agreed with our model for the Food Authority.

Parma European Colleg: Will the EFA be truly independent i.e. get info where it wants, and freely publish results?

Byrne: Yes, it will be able to take information where it wants, and yes it will be allowed to publish results, actually, it will be obliged to publish results.

Rober: Do you not think that, as someone else has said, there is a need to give the FSA a regulatory mandate and powers to impose penalties, on the basis of scientific knowledge and existing legislation?

Byrne: Regulation and the imposition of penalties should remain the responsibility of the democratically legitimated bodies responsible for those tasks at Community and national level. Different considerations are involved from those for which a scientific authority is best qualified. In the field of food law, penalties are defined by national food legislation and the level of penalties are very often determined by a judge who will appreciate the extent of the responsibility of the producers who have infringed the law. The whole system of penalties cannot be separated from legislation and the courts and given to a scientific body.

Marcus: On beef/origin - The EU assumes informed consumers can take their own decisions. Should they not be allowed to decide what food to eat? They can eat UK beef, but may not consume US beef. Is that not a little schizophrenic?

Byrne: Europe has not allowed US hormone treated beef as our scientists have declared that there is a clear carcinogenic risk in at least one hormone widely used in the US. ON the contrary, the UK beef which has been allowed for export is safe.

Catarina: What do you think about transgenic food?

Byrne: Provided such food satisfied our legislation requirements, I have no problem

Vency: The consumer is unable to 'make a ponderated choice' about food treated by radiation. Only Scientist/Specialists can do a ponderated choice.

Byrne: The ponderated choice in this case will be: will I consume it? or will I leave this product with a longer shelf-life. The legislator shall make sure that the health of this consumer is protected

Leonardo Spagnoli: On food quality and denomination of origin- how will the Agency reconcile these considerations with food safety, in your view?

Byrne: This will not be in the remit of the Food Authority, i.e. the safety of products will be considered irrespective of their origin and their quality (admittedly, quality and safety are never far from each other).

Silvia H-mera: What have been the main objections to the White Paper from the key sectors involved since its publication in February?

Byrne: In general, all industrial sectors have welcome the white paper action programme even if some industrial federations have complained about an increased economic burden which could derive from some provisions. Consumers associations have all been totally supportive of our action plan.

Andreas: What will EFA do in order to secure European consumers and industries more knowledge of consequences by using food additives?

Byrne: The EFA will have the ability to communicate directly with the public on its scientific findings. Most probably a significant amount of its scientific work will be in relation with food additives and the EFA will communicate its findings to all interested parties in particular consumers and industry.

PS: Is it really technologically justifiable that monosodium glutamate is used for flavouring just about every possible food stuff today, especially as millions (and I say millions with exaggeration!) are allergic to the substance?

Catarina: What is your opinion about food like mcdonald´s?

Byrne: Personally I am not a fan but consumers have the right to choose.

Parmesan: On BSE- what decisions has the French Ministry for Agriculture taken in relation to the latest cases?

Byrne: The French authorities have stricter rules in place for the removal of the cattle, sheep and goats risk tissues. We have been informed that even stricter measures will be adopted soon, but we have not seen the acts yet. I would suggest that you consult the French authorities directly.

Cris: You said earlier that EU member states' food safety standards are quite similar. What is your view on the food standards in so-called enlargement countries?

Byrne: The Food Safety standards are quite similar in the 15 Member States. Enlargement countries are making big efforts in order to raise their level of safety which was, in fact, lower. It is clear that food safety standards will remain one of the critical point of judgement for the final decision on the accession of enlargement countries.

PS: Would it be possible for you to enforce CLEAR, CONCISE and DETAILED labelling on food products? Labelling is being provided more and more in smaller print, on coloured-backgrounds that make the details difficult to read, and certain food additives are skilfully concealed under headings such as 'flavourings'!

Byrne: This is indeed a major challenge, that some producers manage to deal with better than others; I would not exclude that we might consider legislative intervention in this respect (as we have done in the pharmaceutical sector -minimum fonts are prescribed, for instance); nut we also look at alternative methods of providing product related information (at point-of-sale, or through the internet).

Alex: How the close link between risk communicators and risk managers will be ensured?

EckBE: On GMO info campaign - My dissertation is on the improvement of EU information policy. Firstly, the EU should stop funding advertising and use the funds to invest in information campaigns. This is of most use to consumers if the info provided is easy to process. I would be happy to inform you further. At present I am looking more closely at origin labelling.

Moderator: thank you for your keen interest

BR-TV: According to the EU risk catalogue, Germany falls into group III ie major risk. Is Germany BSE-free then, or not?

Byrne: No guarantee can be given that any Member State is BSE free. All Member States must now conduct post-mortem tests to show if BSE exists and to what extent. This requirement also includes Germany. The results will give information on the level of BSE infectivity in the European Union. Further action can then be considered if necessary.

Catarina: Can the EFA sug