Annex : 1.

3
COMMENTS ON MEMO

1. Which are the current food control and safety structure in Albania?.
Presently there is nominated, as competent authority, the veterinary inspection service of
MoAFCP, for protection against diseases from animals and animal products.

Within the same general direction and ministry there is provided the phyto-sanitary control,
along with food safety inspection and consumers protection.

The Public Health direction of MoH has attributions in water safety control, food (non-
animal) and human hygiene.

For the whole Albanian territory there are 14 BIPs, where imports and exports of animals
and food products are sampled and controlled, by at least 3 inspectors, from both Ministries.

There are national programs for the control of animal diseases, animal identification and
registration, for phyto sanitary control and for monitoring of residues.

Currently there is no updated legislation: the whole legal frame for food safety needs to come in
line (by transposition) with EU legislation; a draft of the frame food law is right now under final
analysis by Parliament.

There are several basic components of a food safety system which are missing:
 There is no possibility to trace products through the food chain
 There is no risk assessment associated with food contamination
 There is no use of precautionary principles
 There is no rapid way for law enforcement procedure
 The rapid alert system is not in operation
 The food safety inspectors have not the necessary communication means to ensure an
efficient control of food products
 There is no database in the regions for identification, control or follow up along the food
chain and no information exchange between regions1
 According to Ministry of Health report of 2006 “On state of food and nutrition in Albania” it
is estimated that only 10% of all incidents of intoxications with food products are reported.

2. Which is the negative impact on consumer protection and consumer confidence?

 Consumers are losing confidence in institutional assurance on food safety and hygiene2

1
MAFCP – Sector Strategy of Agriculture and Food (Draft) - 2007
2
UNDP Assistance to the livestock trade (ALT) Tirana, July 2007, pages 1 and 9
3. Which are the main principles to be applied to the food safety system in the country ?
The Food Law is a normative framework act, which adopt the regulation of European
Parliament and Council nr.178, dated 28th January 2002 that lay down the main principles of
this law. In respect to this principles and requirements that the draft food law should insure are:

 The Competent Food Authority must have all executive competencies related to risk
management and communication on food safety as well as the competencies in regard to
the coordination of the institution responsible for risk evaluation.
 Food must not be placed on the market if it is unsafe, i.e. if it is harmful to health and/or
unfit for consumption.
 Feed must not be placed on the market or given to any food-producing animal if it is
unsafe. Feed is deemed to be unsafe if it has an adverse effect on human or animal
health.
 At all stages of the food production chain, business operators must ensure that food and
feed satisfies the requirements of food law and that those requirements are being adhered
to.
 The traceability of food, feed, food-producing animals and all substances incorporated
into foodstuffs must be established at all stages of production, processing and
distribution.
 If an operator considers that a food or feed product which has been imported, produced,
processed, manufactured or distributed is harmful to human or animal health, steps must
be taken immediately to withdraw the product from the market and to inform the
competent authorities accordingly. In cases where a product may have reached
consumers, the operator must inform them and recall the products already supplied.
4. Which are institutional changes involved in the creation of FSA in Europe and their
expected impact on the food safety system?
In the regulation 178/2002(EU regulation which is adopted) is foreseen the establishment of
European Food Safety Authority as a competent authority, independent from other community
institutions in the field of food safety. In the point 58 of the “whereas” of this regulation is
foreseen the obligation for the cooperation of this institution with the competent authority of a
third country which has an agreement with European Community and Member States as regard
the Food Safety area.

A part from the difficulties of the functioning and the co ordinations between some National
Competent Authorities is evident the impossibility of theirs representative of their representation
with shared competences, in these community institution as an obligation deriving from SAA.

The principle is 1 interlocutor for European Food Safety Authority and DG Sanco or other
international Organisations like FAO, WHO, as well as for ensuring the confidence of the
consumers.

5. Which are the objectives and expected results from the CARDS 2005 project for the
components such as Food law, Food Safety policy and NFA?
 According to the Terms of Reference approved by the European Commission for this project,
the purpose of this project is “the institutional and administrative framework of the food
safety system in Albania is adjusted in line with the process of approximation of acquis in the
field. A new efficient and independent structure, able to ensure the implementation of the
approximated national legislation in food safety field as well as deliver adequate
information to government, consumers and food producers, is established”.

6. Which are principles of the White Paper and Regulation 178/2002 on food safety?
The White Paper on food safety is an important element in this strategy. The Commission is
proposing a number of measures which will enable food safety to be organised in a more
coordinated and integrated manner; these include:
 the establishment of an independent European Food Authority with responsibility for
independent scientific advice on all aspects relating to food safety, operation of rapid
alert systems and communication of risks;
 an improved legislative framework covering all aspects of food products "from farm to
table";
 greater harmonisation of national control systems;
 dialogue with consumers and other stakeholders.
Before looking in more detail at these four areas, the Commission sets out the general principles
on which European food safety policy should be based:
 a comprehensive, integrated approach throughout the food chain;
 a clear definition of the roles of all stakeholders in the food chain (feed manufacturers,
farmers and food operators, the Member States, the Commission, consumers);
 tracability of feed and food and their ingredients;
 a coherent, effective and dynamic food policy;
 risk analysis (comprising risk assessment, management and communication);
 scientific advice to the highest standards of independence, excellence and transparency;
 application of the precautionary principle in risk management.

7. Provide a detailed institutional analysis of the Albanian Food Law (by indicating all the
Articles) regarding the separation of functions and expected problem that may be faced in the
future if such provisions are not modified accordingly. Below I am giving several examples
regarding confusion on risk management:
a. NFA carries out the risk assessment as for Art. 4/3, risk communication as for Art. 5
and risk management as for Art. 6. However, in Art. 3/7 the risk management is
carried out by three bodies. This will come against point 3 above but in a more
confusing manner than before.
b. The biggest confusion is caused mostly in risk management measures. The NFA has
to prepare these measures as for Art.8 then implemented only by the Ministry of
Agriculture as for Art. 13. Where is the competence of the Ministry of Health as
defined by Art.3/7?