The regulations for enlargement were concluded in April last year when the accession countries signed both the Treaty of Accession and the Act of Accession. The two agreements set 1 May 2004 as the date of accession, with Bulgaria and Romania mooted for 2007.
"The EU stance with regards food safety in the accession countries is unswerving, with all accession countries having to fulful current requirements that exist within the EU as it presently stands," said Beate Gminder, European Commission spokeswoman for Health and Consumer Protection.
"Food safety is an element of the enlargement process where the EU made clear from the beginning that it will not accept a situation that might lead to lower food safety standards or to any risks for consumers. The new Member States recognise that compliance with the Union's acquis on food safety is essential."
Although the Commission has stressed the importance of integrating the acquis into every accession country, it has also acknowledged that there is the need for 'transitional arrangements'. These have been negotiated on the basis that there will no increased health risk within the EU.
BSE risk
The risk of animal-borne disease such as BSE has also been a major consideration for the authorities. Bearing this in mind, the authorities have implemented border regulations which aim to balance both the speedy expedition of goods, whilst ensuring that the risk of spreading animal-borne diseases from third countries - for example, the border between Hungary and Romania - is kept to a minimum. To ensure this measure, border controls have been tightened with third countries; this means that border inspection posts (BIPs) will be fully equipped to detect and handle animal diseases.
The stance with regards food processing establishments has been equally tough, while incorporating an element of flexibility. Undoubtedly the face of food processing within the accession countries will be changed forever, with consolidation and larger scale operations becoming the norm.
"Bringing food processing establishments up to EU standards is a big challenge for the new Member States," said Gminder. "A lot has been done and many establishments already fulfil the EU requirements. Others still have significant upgrading work to do before accession if they want to reach EU compliance. Six of the new Member States [Czech Republic, Hungary, Latvia, Lithuania, Poland and Slovakia] have requested transitional periods to upgrade a limited number of food processing plants after accession. These transitional arrangements are limited in time and scope, lasting until 2006 or 2007.
"The European Commission required the new Member States to present detailed information on the situation of the food processing establishments and a binding plan for upgrading each of those which request a transitional period."
Establishments that do not comply with regulations by the end of April 2004 will be shut down, the Commission has said.
Implementing food safety legislation
With regards food safety legislation, the EU has deigned that administrative and legislative structures must be in place in each of the accession countries.
"Most new Member States need to make major efforts in putting the relevant legislation in place, organising effective lines of responsibility for food safety, in upgrading plants, getting analytical and laboratory capacity up and running and training personnel for inspection services, laboratory staff etc.
"At the moment, the new Member States have many agri-food establishments that may not fulfil the detailed requirements of EU legislation governing the infrastructure and organisation of the production chain. In food factories, implementation of EU rules may mean bigger investments in rebuilding/ refurbishing part of the factory."
This will mean that each Member State must have a sampling programme, an analytical programme and the necessary laboratory infrastructure and equipment which is all properly staffed. Further more all such facilities need to be ISO accredited.
Financing upgrades
Funding is available to Member States to help individual businesses upgrade facilities. Most of the funding is being channelled through the SAPARD scheme, which have both been set up specifically to help businesses in accession countries fulfil the new EU regulations.
Almost €1 billion has been set aside in co-financing for upgrading (adapting, rebuilding or creating) plants processing and marketing meat, dairy, fish and other agricultural products can be provided through the SAPARD programme.
Right now, one of the biggest challenges facing EU authorities is to monitor the progress of the candidate countries between now and the accession date of May next year. This objective is being carried out by the Food and Veterinary Office (FVO), which plays an important role in monitoring the level of observance of food hygiene and of veterinary and phytosanitary legislation in the new Member States. Currently the inspection programme takes up 40 per cent of the FVO's resources in 2003.
There have been claims that the EU regulations are destroying many traditional businesses through excessive regulations. However, the EU has taken a tough stance in response to the criticisms, stating that with regards to food safety, there can be no compromise.
"All future Member States are working hard towards meeting the required standards and the EU has confidence that they will," said Gminder. "But time is now short. In any event, the EU will not compromise its standards. The existing safeguard clauses can be invoked if a food or feed constitutes a risk to public health. In addition, the Accession Treaty provides a complementary safeguard clause where negotiation commitments are not met and where this is causing an imminent risk for the functioning of the Internal Market. It can be invoked during a period of up to three years after accession, but the measures may be applied beyond that period as long as the relevant commitments have not been fulfilled. The Commission may act either upon the request of a Member State or on its own initiative. The safeguard clause can also be invoked even before accession on the basis of monitoring findings. It would then enter into force as of the first day of accession."
Implementing all these regulations within the accession countries has caused, and will continue to cause, huge upheaval for the food and drink industry there. However, it is almost certain that once the process is complete a safer and more efficient industry should emerge.
The Accession Treaty can be downloaded from the European Commission website.