Council Decision
of 17 November 2003
on the accession of the European Community to the Codex Alimentarius Commission
(2003/822/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 37, 95, 133 and 152(4) in conjunction with the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Whereas:
(1) The object of the Codex Alimentarius Commission is, inter alia, to develop and harmonise world-wide health standards and to issue guidelines and recommendations on agricultural and fishery products, foodstuffs, food additives and contaminants, feedstuffs, veterinary drugs, pesticides, including labelling, methods of analysis and sampling, codes of ethics and good agricultural practice and guidelines of hygiene practice, in view of protecting consumers' health and ensuring fair practices in international trade. These objectives are in line with the objectives of the European Community as regards measures taken to protect human, animal or plant life or health or the environment and related international trade measures, and harmonisation of national legislation, in particular as regards foodstuffs, food additives and contaminants, including labelling and methods of analysis and sampling, with a view to ensuring free circulation in the internal market and imports from third countries.
(2) Since 1994, with the entry into force of the WTO Agreements, in particular the Agreement on the application of Sanitary and Phytosanirary Measures (SPS Agreement) and the Agreement on Technical Barriers to Trade (TBT Agreement), Codex Alimentarius standards, guidelines and recommendations have acquired increased legal relevance by virtue of the reference made to the Codex Alimentarius in the WTO Agreements and the presumption of conformity which is conferred on relevant national measures when they are based on such standards, guidelines or recommendations adopted by the Codex Alimentarius Commission.
(3) The European Community should be able to exercise its competence and play its role during the preparation, negotiation and adoption of standards, guidelines or recommendations by the Codex Alimentarius Commission and its subsidiary bodies. Accession of the European Community as a full member of Codex Alimentarius, alongside its Member States, is essential in order to ensure that the primary health and other interests of the European Community and its Member States are taken into consideration during the preparation, negotiation and adoption of such standards, guidelines or recommendations and other provisions by the Codex Alimentarius Commission.
(4) The accession of the European Community as a full member of the Codex Alimentarius should help reinforce coherence between the standards, guidelines or recommendations and other provisions adopted by the Codex Alimentarius Commission and other relevant international obligations of the European Community.
(5) On 26 November 1991, the European Community became a Member, alongside the Member States, of the Food and Agriculture Organisation (FAO).
(6) Article 2 of the Statutes of the Codex Alimentarius Commission entitles the European Community, as a Member of FAO, also to become a full Member of the Codex Alimentarius Commission.
(7) By Decision of 21 December 1993, the Council authorised the Commission to negotiate the conditions and modalities for the accession of the European Community as a full member to the Codex Alimentarius Commission on the basis of the competence of the European Community, its situation in the FAO and taking into account the object and particular features of the Codex Alimentarius Commission.
(8) The rights and obligations of Member Organisations of the FAO can be applied, mutatis mutandis, to the membership of the European Community of the Codex Alimentarius Commission, and the appropriate decisions regarding the required adaptations of the relevant provisions of the rules of procedure of the Codex Alimentarius Commission and its subsidiary bodies have already been undertaken.
(9) The outcome of the negotiations conducted by the European Commission is considered to be satisfactory taking into account the interests of the European Community and its Member States and the specific features of the Codex Alimentarius Commission.
(10) It is necessary to provide for practical modalities concerning the participation of the European Community and its Member States in the work of the Codex Alimentarius Commission and its subsidiary bodies in a way that is likely to ensure the highest possible benefit for the European Community and its Member States from the Community's accession to the Codex Alimentarius.
(11) In view of the above considerations it is now appropriate that the European Community accedes to the Codex Alimentarius Commission.
(12) The Directors-General of FAO and WHO have approved the amendments to the Rules of Procedure adopted by the 26th Session of the Codex Alimentarius Commission on 30 June 2003, allowing Regional Economic Integration Organisations to become members of Codex,
HAS DECIDED AS FOLLOWS:
Article 1
1. The European Community shall submit a request for accession to the Codex Alimentarius Commission, accompanied by a formal instrument according to which it accepts the obligations of the statutes of the Codex Alimentarius Commission as in force at the time of accession (Annex I hereto) and a single Declaration on exercise of competence (Annex II hereto).
2. The President of the Council shall be responsible for completing the necessary procedures to this end.
Article 2
The Arrangement between the Council and the Commission regarding preparation for Codex Alimentarius meetings and statements and exercise of voting rights, attached as Annex III hereto, will apply between the Commission, the Council and the Member States.
Done at Brussels, 17 November 2003.