关于贯彻落实《中华人民共和国食品安全法实施条例》做好餐饮服务食品安全监管工作的通知
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关于贯彻落实《中华人民共和国食品安全法实施条例》做好餐饮服务食品安全监管工作的通知
国家食品药品监督管理局
关于贯彻落实《中华人民共和国食品安全法实施条例》做好餐饮服务食品安全监管工作的通知
国食药监食[2009]389号
各省、自治区、直辖市食品药品监督管理局（药品监督管理局）、卫生厅（局）：
《中华人民共和国食品安全法实施条例》（以下简称《实施条例》）已于2009年7月20日起施行。为切实履行餐饮服务食品安全监管职能，加强餐饮服务食品安全监管工作，现就做好贯彻落实《实施条例》有关工作通知如下：
一、充分认识《实施条例》的重要意义，抓紧开展学习、宣传和培训工作
为配合《中华人民共和国食品安全法》（以下简称《食品安全法》）的实施，《实施条例》对《食品安全法》的有关规定做了必要的补充和细化，提出了更具有操作性的要求：进一步强化各部门在食品安全监管方面的职责；进一步落实企业作为食品安全第一责任人的责任，强化事先预防和生产经营过程控制，以及发生食品安全事故后的可追溯。各地要从深入贯彻落实科学发展观、全面推进依法行政和建设责任政府的高度，从维护人民群众根本利益出发，充分认识贯彻落实《实施条例》的重要意义，积极开展《实施条例》的学习、宣传，为依法行政、科学监管打下坚实基础。
各地要制定方案，开展专题培训，组织餐饮服务食品安全监管人员深入学习《实施条例》，对监管工作提出进一步要求,努力提高监管人员依法行政能力和执法水平。要指导相关行业协会,组织餐饮服务经营者学习贯彻《实施条例》，落实《实施条例》提出的各项要求，切实承担起食品安全第一责任人的责任,加强自律，自觉守法经营，深入推动行业诚信建设。
二、按照《实施条例》的规定，积极履行职责，切实把监管责任落到实处
目前，省级政府机构改革正在进行中，部分省以下食品安全监管职能尚未交接到位，各地食品药品监督管理部门、卫生行政部门要认真贯彻卫生部、国家食品药品监管局《关于餐饮业、食堂等消费环节食品安全监管职责调整工作的通知》（卫监督发〔2009〕1号）和国家食品药品监管局《关于做好职责交接期食品安全监管工作的通知》（国食药监食〔2009〕22号）要求，强化责任意识，积极主动地研究加强餐饮服务食品安全监管措施办法，认真落实监管责任。
要认真研究《实施条例》的相关要求。目前，个别地区餐饮服务监管部门对餐饮服务经营者仍然核发《食品卫生许可证》的，应当立即停止发放，严格依法核发《餐饮服务许可证》。对机构改革尚未到位，职能尚未交接的地区，由原监管部门负责核发《餐饮服务许可证》，并加盖核发部门公章。各地应严格按照《实施条例》餐饮服务许可有效期的要求，核发《餐饮服务许可证》。
要继续抓紧开展本地区餐饮服务环节食品安全状况的调研，掌握基本情况，摸清存在问题，研究加强监管措施。要认真研究餐饮服务食品安全监管的保障措施，在增强食品检验能力，提高执法专业技术水平等监管能力建设等方面，积极争取地方政府经费、人力资源的保障和支持，特别要注重提高基层监管能力，打牢基层监管基础。
要加强合作，搞好协调，既避免职责不清、交叉重复，又防止监管空白。对监管工作中的不作为、不到位和乱作为的问题，要通过落实责任追究制度，认真加以解决，严肃查处失职、渎职行为。
三、抓紧开展餐饮服务食品安全监管法规制度的制修订工作
根据《食品安全法》和《实施条例》的规定，国家食品药品监督管理局正在抓紧制定餐饮服务食品安全许可和监督管理的配套规章和规范性文件。各地要积极开展有针对性的调研工作，落实《国务院办公厅关于认真贯彻实施食品安全法的通知》（国办发 〔2009〕25号）和国家食品药品监督管理局的工作部署，根据《食品安全法》和《实施条例》的规定和本地实际情况，一方面积极向立法部门提出制定和修订本地餐饮服务食品安全监管法规制度的意见和建议，另一方面认真研究餐饮服务食品安全监管的各项具体要求，明确开展制定、完善餐饮服务食品安全监管法规制度的工作原则和工作步骤。
四、以学习贯彻《实施条例》为契机，扎实做好餐饮服务食品安全整顿工作
国务院办公厅印发食品安全整顿工作方案，至今已有近半年时间。各地要认真对照国家食品药品监督管理局印发《餐饮服务和保健食品安全整顿工作实施意见》要求，加强对餐饮服务经营者的监督检查，严肃查处餐饮服务经营中的违法违规行为，认真总结开展食品安全整顿工作以来的好做法，认真检查工作落实情况和存在的问题，及时按要求报告开展餐饮服务食品安全整顿的工作信息。国家食品药品监管局将在下半年开展督查工作。
餐饮服务环节打击违法添加非食用物质和滥用食品添加剂工作已纳入为期２年的餐饮服务食品安全整顿工作计划中，各地要通过有效的监督检查，确保违法添加非食用物质的行为得到及时惩处，食品添加剂的采购、使用、保管更加规范。
各地要结合《食品安全法》和《实施条例》的颁布实施，切实加强监管队伍建设，建立健全监管工作制度，突出重点区域、重点环节、重点品种的监管，完善餐饮服务环节重大食品安全事故应急机制，及时查处餐饮服务环节和保健食品安全重大案件。
各地学习贯彻《实施条例》的相关信息和工作动态，请及时报送国家食品药品监督管理局。
国家食品药品监督管理局
二○○九年八月三日
Risks and challenges of the EU expansion
周大勇 (Zhou,Dayong)
I. Introduction
For several years now the European Union is discussing a possible enlargement, because several European countries have applied for membership in the EU. These are especially the former socialist countries in Eastern Europe, that have clearly turned towards the west since the collapse of the iron curtain. These countries are Bulgaria, the Baltic countries Latvia, Lithuania and Estonia, Poland, Romania, the Slovak Republic, the Czech Republic, Slovenia and Hungary.
In addition Turkey, Cyprus and Malta are trying for quite some time already to join the EU. These application are not to be accepted without any further deliberation because they do bring along some risks and the consequences are hard to distinguish therefore these countries are not very expected joining the European Union in the near future and will therefore not be included in the following evaluation.
II. Risks and challenges
If we wants to evaluate the risks and challenges of an upcoming enlargement of the EU, we should first take into account experiences gained during previous expansion which were to some extent comparable. Here the southern expansion from 1986 should be mentioned where two economically pathetic countries sought admission to the then European Community. The admission procedure of these two candidates, being Spain and Portugal, were lengthy and considered very problem bearing. Especially the amount of produce that would add to the already existing agricultural over-production of the Community was seen to be a problem since it would increase the load on the European budget.
But seen from a global economical perspective the joining of Spain and Portugal was overall positive for the EC and the two countries, although Spain struggled with a further rise of unemployment and disparities within the Community were further amplified.
The disparities within the Union will most certainly increase when it comes to an eastern expansion, but the agricultural problem will not be an issue, because the candidates have not got their focus on agriculture, already because of their communist heritage which focused on industry rather than on agriculture or the tertiary sector.
In case of the approaching expansion towards Eastern Europe the Union will have to resolve several problems, the most severe being without any doubt the financial one that will go along with the extension, estimated to be ?5 - ?6 billion annually, just for the technologically underdeveloped agriculture in the new member states.
The financial problem will also lead to a temporary discontent among the population of the existing members, since the financial load on the countries will cause budget cuts because the new members will undoubtedly belong to the payees rather than the payers. Especially the Mediterranean members, for instance Italy, Spain etc. fear cuts in their subsidies particularly the agricultural ones, and agriculture is already making up the biggest part of the EU′s budget.
Of course it is also to be questioned whether with the joining of economically weak countries the economies of the "richer" members are not weakened.
What should be taken into consideration as well is the impact the joining will have on the population of the candidates, especially considering the rights they will gain when they are citizens of the European community. They do then have the right to settle and work anywhere within the community, this could lead to a large amount of people pouring into the old member countries trying to seek work there and make their living. And since most of the European countries are already struggling with high unemployment the high rates could be pushed up further and the discontent among the population could worsen, especially against the background of Neo-Nazis in Germany and other countries such as Britain or Italy. Off course this would only be a temporary problem, which would solve itself over time as the new members develop economically, but still this could prove to be a major issue.
Of course their comes also a minor problem along with the expansion, this problem being even more languages than the twelve, already being used, in which EU communications would have to be carried out adding to the already huge administrative body of the European Union and also causing further costs of the EU.
But because the expansion represents a political necessity one should also take into account the positive aspects caused by such a historic event. With the expansion the continent would take a huge step towards the ethnic integration within Europe, different cultures would be facing each other and could also profit from each other. Also the global competitiveness of the EU against the USA and Asia would improve and another step towards global peace would be undertaken.
III. Changes in administration
It is obvious that an expansion potentially including ten countries would not be feasible without fundamental institutional reforms.
For instance with the existing structure of the Union which allocates most of the power to the European Council, where each member state has one vote, it would be imaginable that smaller members would have a majority over the larger members. Except for Poland, which is by population comparable to Spain and would consequently be a large member, all other candidates are relatively small in size an population.
Another point is that with more than twenty members the decision finding and making process needs to be completely reconsidered, so it represents the actual size of the member countries in terms of population rather than giving each member a veto and especially one single vote. The existing voting and weighting system is also already making the decision finding process a painfully and lengthy one, another ten different opinions added to this would make it virtually impossible to come to an agreement that at least partially satisfies all members and is therefore being supported and not vetoed against.
A changed "legislature" would also keep the democratic thought that the entire EU is based on alive and not vanish it like the existing system.
What should also be pointed out is the fact that an increase in members could lead to new coalitions within the Union and also increase competition among the individual countries. There are even critics that fear that an eastern expansion could lead to a shift in power towards the reunified Germany, since the potential new members are already heavily bound and leaning towards Germany.
What should also be considered is a change in European agricultural policy, which should actually be reformed already. The system of milk quotas, subsidies etc. which subsidises an over-production in many areas, just not to infuriate the farmers, because smaller farms would not be able to survive without the subsidies and the entire face of the European primary sector would change is completely outdated. This system could definitely no longer be kept up with even more farmers to support.
IV. Successful without absorbing the new members?
It is obvious that this question needs to be answered with a clear no. The existing members of the EU are already being absorbed by it and they have all chosen this faith. The goals of the European Union do state the loss of sovereignty in the areas of economic and currency politics, the latter one already realized, also in the political areas of social politics, education, research, consumer protection, health and also environmental issues. Now one could argue how many of these goals need to be realized in order for the EU to be successful, from the British point of view for example the cooperation in economic issues and the creation of the single market have already been enough, considering their opinion towards the Maastricht treaty.
If one would see it from the British point of view the EU could be successful without absorbing the new members, but since most other countries would like to see the above mentioned goals implied and would like to realize the dream of de Gaulle, Adenauer and others of "the United States of Europe", the new members would surrender a huge part of their sovereignty and consequently would be absorbed by the EU, especially considering that they will join in a couple of years at the earliest when European integration will hopefully have advanced beyond the point it is today.
Another point one could consider is what would happen if the European integration would further advance up to the point of the United States of Europe without any new countries joining. This would create another superpower alongside the USA and the then non-members would live in the shadow of the EU or whatever its name would be by that time and also be absorbed by the enormous power, in any terms, of their big neighbour just like the Caribbean, Canada and Mexico, even the entire Americas are by the USA. So the conclusion drawn by this could be that the central and eastern European countries would be better off in any case if they joined the EU even if they had to surrender much of their sovereignty.
Sources:
(1) http://www.europa.eu.int/ (March 17th, 2001)
(2) http://idw.tu-clausthal.de/public/zeige_pm.html?pmid=26445 (April 5th, 2001)
(3) Informationen zur politischen Bildung: Europäische Union (BpB, 1995)
(4) Microsoft Encarta 98
(5) Mittel- und Osteuropa auf dem Weg in die Europäische Union (Werner Weidenfeld, Verlag Bertelsmann Stiftung, 1996)
(6) http://www.e-politik.de/beitrag.cfm?Beitrag_ID=559 (April 1st, 2001)
劳动部办公厅关于贯彻《全民所有制企业招用农民合同制工人的规定》中有关问题的复函
劳动部办公厅
劳动部办公厅关于贯彻《全民所有制企业招用农民合同制工人的规定》中有关问题的复函
1992年11月2日，劳动部办公厅
四川省劳动厅：
你厅《关于贯彻〈全民所有制企业招用农民合同制工人的规定〉中有关问题的请示》（川劳计〔1992〕66号）收悉，现函复如下：
一、关于劳动部、国家计委、能源部等三部委文件（劳力字〔1991〕15号）是否继续执行的问题。三部委的文件仅仅是针对煤矿井下农民轮换工的特殊情况提出的具体办法，符合国务院第87号令的基本精神，目前仍应贯彻执行。回乡补助金的交纳发放办法也应继续执行，并可供你省制定其他农民轮换工政策时参考。
二、关于工资性补贴问题。按照国务院规定，农民合同制工人在试用期间享受城镇合同制工人的工资待遇，不享受15％的工资性补贴。试用期满后的工资形式，由企业确定，不一定与城镇合同制工人的工资形式相同。此时，仍不享受15％的工资性补贴。
三、国务院第87号令提到农民合同制工人中的定期轮换工，是指在有害身体健康的工种、岗位使用的农民轮换工，为保护他们的身体健康，必须定期轮换。对其他农民合同制工人的合同期限则不作限制。
