Legal foundation

The European Food Safety Authority was legally established by a European Parliament and Council Regulation No178/2002. Adopted on 28 January 2002, the Regulation laid down the basic principles and requirements of food law. It also stipulated that EFSA should be an independent scientific source of advice, information and risk communication in the areas of food and feed safety. A further requirement is to set up a network enabling close collaboration with similar bodies in the European Union Member States.

In the Regulation, the responsibility for risk assessment is clearly separated from that of risk management. While EFSA advises on possible risk related to food safety, the responsibility for risk management lies with the EU institutions (European Commission, European Parliament and the Council, ie EU Member States). It is the role of the EU institutions, taking into account EFSA’s advice as well as other considerations, to propose and adopt legislation as well as regulatory and control measures when and where required.

EFSA is a Community body with its own legal personality, funded from the Community budget but operating independently of the Community Institutions. It is not therefore managed by the Commission but by an Executive Director, who in turn is answerable to a Management Board.

Since its creation, EFSA has established key operating principles and rules which have been adopted by its Management Board. They include a commitment to openness and transparency in all of the Authority’s work. For example, EFSA undertakes to open up its meetings, to organise consultations with stakeholders and the public, and to ensure full access to all documents.