Food Safety in the Association Agreement
Prepared by: Economic Policy Research Center
The Association Agreement signed by Georgia and the European Union means that Georgia will ‘approximate’ its legislation and regulations with that of the EU. This means that Georgian regulations concerning food safety, animal feed and agricultural production in general will come into line with those of the EU. From a consumer’s point of view, it means that the population of Georgia must be supplied with products of the same quality and safety as citizens of EU member states.
These standards are defined in the EU-Georgia Association Agreement and the requirements of Deep and Comprehensive Free Trade Area. According to the legislative action plan, until 2027 the government of Georgia should introduce the required legislation and technical regulations, and various government entities are responsible for implementing them. All this serves one goal, protecting life and health, consumer interests, and animal health and welfare.
Several important food safety regulations will be introduced in 2017. These include:
- Regulation No 669/2009 regarding the increased level of official controls on imports of certain feed and food of non-animal origin;
- Commission Decision 94/360/EU on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries;
- Regulation No 645/2000 setting out detailed implementing rules necessary for the proper functioning of certain provisions concerning the arrangements for monitoring the maximum levels of pesticide residues in and on cereals and products of plant origin, including fruit and vegetables;
- Directive 2011/91/EU on indications or marks identifying the lot to which a foodstuff belongs.
What do these regulations envisage?
This regulation is designed to prevent foreign products from unfairly competing with quality Georgian products, as well as production imported from other countries. It goes hand in hand with other regulations that set up a system for monitoring the quality of imported food. The regulation makes products imported from third countries subject to product quality requirements. After the regulation has been introduced, low-quality products will not be able to clear customs and enter the Georgian market.
To enforce this regulation Georgia must equip customs checkpoints with the appropriate equipment to carry out documentary and physical inspection of feed and food., The regulation provides a list of checkpoints and the minimum requirements for each.
The regulation also provides a list of feed and food of non-animal origin that, on the basis of known or emerging risks, must be subject to an increased level of official controls[1] (the list is attached to the regulation).[2] The list is drawn up on the basis of specific methodology which considers notifications received through RASFF[3], reports by the Food and Veterinary Office, reports received from third countries, information received from member states, and scientific assessments.
The aim of this decision is to reduce the administrative barriers on imports by approving a list of food products from specific countries which require less frequent physical checks. This must reduce the administrative barrier on import. The decision approved the list of third countries to which the regulation applies. Also, a list of those products was drawn up, which are subject to the regulation and a model certificate was approved. According to the regulation, member states shall select groups of products for inspection without warning importers. The annex of the regulation also provides a list of those products which require less frequent inspections.
This regulation concerns the monitoring of pesticide residues on crops. Consumers should be informed that the overuse of pesticides on crops can endanger human and environmental health, making this an important regulation for citizens’ welfare. The regulation covers the introduction of five-year monitoring planning. For a full engagement in the common EU monitoring system, the European Commission, along with local governments, appoints a specially qualified official in each country to carry out monitoring for pesticide residues in and on foodstuffs.
This directive also specifies the exact nature of the indications and identifying marks that show to what specific category and lot a foodstuff belongs. This simplifies matters for the authorities when it becomes necessary to trace the origin of a specific batch of foodstuffs.
Current legislation. The government of Georgia has an obligation to ensure the quality of both locally produced and imported food. As of today, phytosanitary and veterinary control is carried out on imported agricultural products at customs checkpoints at the border of Georgia. This process aims at preventing the entry and spread of harmful organisms into the country, protecting animal health and protecting the population from common animal and human diseases.
The Rule of Implementing State Control of Food/Feed Safety specifies the control regime.[4] In November 2015, the government adopted an ordinance on Measures for Ensuring Integration into EU RASFF, which aimed at establishing an effective notification system for integrating into RASFF.[5]
Furthermore, a technical regulation about the maximum levels of pesticide residues in and on food and feed was approved by the government in December 2016. The technical regulation will enter into force in 2020 and become binding. Requirements defined in this regulation apply to products listed in its annex, including fruit, vegetables, and products of plant and animal origins. Compliance with this regulation will be monitored by the National Food Agency and the Revenue Service.
Challenges to citizens and producers of Georgia
The burden of implementing these directives mainly lies with people engaged in the import and sale of food and agricultural produce. This could be a large company or a small or medium size entrepreneur or farmer. When it comes to smallholders, it will be important to monitor pesticide use thoroughly, and to record all relevant data (the timings of pesticide application, past crop diseases, and so on). However, one should also note that such obligations are not specified in these concrete regulations and as mentioned above, they are already approved in December 2016 and will enter into force in 2020. It is important that Georgian producers realize that excessive use of pesticides endangers human health. Pesticide residues in and on food can pose a threat to the consumer. It is no less important that consumers are aware of the dangers of eating food that contains pesticides in excess of the maximum permissible levels.
Responsible state entities
The responsibilities for the implementation of the requirements of the directives mainly lie with the National Food Agency and the Revenue Service.
Impact of regulations on society at large.
These regulations are important for Georgian consumers because they help to ensure the quality of food and agricultural products, including imports. This is especially significant, given that the Georgian population largely depends on imports. For example, in 2016, Georgia imported USD 955 million worth of agricultural products and food, accounting for more than 13 percent of the country’s total imports.[6] When it comes to household spending, in 2015, the population of Georgian spent 44 percent of its total expenditure on food. The average annual expenditures on food, beverages and tobacco were around 1.5 billion USD in 2015[7].