München, 24.06.2021

Article on the Transparency Regulation now also published in English (EFFL 3/2021): New Rules For Applications to EFSA – Changes Due to the Transparency Regulation

An article by Anna Neusch, Dr. Anne-Marie Orth and Prof. Andreas Meisterernst in the current EFFL (European Food and Feed Law Review; 3/2021).
The publication takes a critical look at the Transparency Regulation (EU) 2019/1381, which has been in force since 27 March 2021. In addition to legal issues, a look was taken at the practical problems, e.g. with regard to the (now) mandatory pre-notification of studies in applications where a scientific evaluation by EFSA is required (novel foods, additives, enzymes, flavourings, genetically modified foods, health claims). This is an inernational and revised version of the article already published in German “Neue Spielregeln für Anträge bei der EFSA - Änderungen aufgrund der TransparenzVO“ in the German law journal „Zeitschrift für das gesamte Lebensmittelrecht” (ZLR, 3/2021).
Abstract: The fight against the extension of the authorisation of glyphosate as a plant protection product activated NGOs from 2014 onwards. Numerous accusations were made against the Federal Institute for Risk Assessment, which was involved in the approval process, and the work of the EFSA1. More or less explicitly, the regulatory authorities were accused of cronyism with industry. The citizens' initiative to ban glyphosate that was subsequently submitted to the Commission in 2017, as well as the considerable media bombardment, led to the Commission attempting to go on the offensive with the Transparency Regulation2. New regulations on risk communication and the transparent functioning of EFSA were intended to take the wind out of the sails of future criticism. The new regulations in this regard will apply from 27.3.2021. The following article deals with the effects of the new regulations on application procedures at EFSA, some clarified and several still open questions.