COMMISSION DECISION

of 4 August 2021

setting up the expert group for technical advice on organic production (EGTOP)

(2021/C 343/03)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

(1) Regulation (EU) 2018/848 of the European Parliament and of the Council (1) defines objectives and principles applicable to organic production and lays down basic requirements with regard to the production, labelling and control of organic products.

(2) The Commission needs technical advice to take decisions on the authorisation of products, substances and techniques for use in organic farming and processing in accordance with Regulation (EU) 2018/848. The Commission also needs technical advice when considering the development or improvement of other organic production rules and, more generally, for any other technical matter of organic production. For such advice, the Commission needs to call upon the expertise of specialists in an advisory body.

(3) It is therefore necessary to set up a group of experts in the field of organic production and to define its tasks and its structure, in compliance with Commission Decision C(2016) 3301 final (2).

(4) The group should consist of scientists with expertise on the relevant products, substances and techniques and of experts with competences related to organic production, capable of delivering independent, excellent and transparent technical advice to the Commission.

(5) Commission Decision 2009/427/EC (3) established an expert group for the purposes of Council Regulation (EC) No 834/2007 (4). That group delivered opinions on some categories of substances and products used in organic production. The decisions on the authorisation of those substances were delayed several times because of the lack of available experts. Under the new legal framework of Regulation (EU) 2018/848, more categories of substances will need to be evaluated, such as substances for cleaning and disinfection and specialised and innovative techniques and methods in food processing. Therefore, the number of opinions requested have increased seriously, while the available experts willing to participate without remuneration in an expert group to assist the Commission have diminished.

(6) The new group of experts should deliver to the Commission opinions on technical dossiers with regard to the authorisation of products, substances and techniques for use in organic farming and processing and with regard to other organic production rules and other technical matters of organic production. Those opinions are essential to the development and monitoring of the Union’s policy and legislation on organic production, in particular to the adoption of implementing acts by the Commission, such as those referred to in Articles 16(3), 17(3) and 24(9) of Regulation (EU) 2018/848. Without independent advice provided by independent experts, the Union policy concerned could not reach its objectives. Therefore, the members of the group should receive special allowances beyond reimbursement of expenses, which is proportionate to the particular tasks attributed to them and in line with international standards.

(7) Article 6, point (a), of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (5) provides for the financing of measures relating to technical and administrative assistance.

(8) Rules on disclosure of information by members of the group should be laid down.

(9) Personal data should be processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (6).

(10) Decision 2009/427/EC should be repealed,

HAS DECIDED AS FOLLOWS:

Article 1 Subject matter The expert group for technical advice on organic production (‘the group’) is set up.

Article 2 Tasks The group’s tasks shall be: (a) to assist the Commission in evaluating technical matters of organic production, including products, substances, methods and techniques that may be used in organic production, taking into account the objectives and principles laid down in Regulation (EU) 2018/848 and additional policy objectives with regard to organic production; (b) to assist the Commission in improving existing rules and developing new rules related to Regulation (EU) No 2018/848; (c) to stimulate an exchange of experience and good practices in the field of technical issues related to organic production.

Article 3 Consultation 1. The Commission may consult the group on any matter relating to organic production. 2. The chairperson of the group may advise the Commission to consult the group on a specific question.

Article 4 Membership — Appointment 1. The group shall be composed of up to 13 members. 2. The members shall be individuals appointed in a personal capacity who shall act independently and in the public interest. 3. Members who are no longer capable of contributing effectively to the group’s deliberations, who, in the opinion of the Commission’s Directorate-General for Agriculture and Rural Development (‘DG AGRI’), do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union or who resign, shall no longer be part of the group and may be replaced for the remainder of their term of office.

Article 5 Selection process 1. The selection of the group’s members shall be carried out via a public call for applications, to be published in the Register of Commission expert groups and other similar entities (‘the Register of expert groups’). In addition, the call for applications may be published through other means, including on dedicated websites. The call for applications shall clearly outline the selection criteria, including the required expertise in relation to the work to be performed. The minimum deadline for applications shall be four weeks. 2. Individuals applying to be appointed as members of the group shall disclose any circumstances that could give rise to a conflict of interest. In particular, the Commission shall require those individuals to submit a declaration of interests (‘DOI’) form on the basis of the standard DOI form for expert groups (7), together with an updated curriculum vitae (CV), as part of their application. Submission of a duly completed DOI form shall be necessary in order to be eligible to be appointed as a member in a personal capacity. The conflict of interest assessment shall be performed by the Commission in compliance with the Commission’s horizontal rules on expert groups (‘the horizontal rules’). 3. The members of the group shall be appointed by the Director General of DG AGRI from specialists with competence in the areas referred to in Articles 2 and 3(1) and who have responded to the public call for applications. 4. The other suitable candidates who have responded to the public call for applications and who are not appointed as members of the group shall be listed in a reserve list. The Commission shall ask applicants for their consent before including their names on the reserve list. 5. Members of the group shall be appointed for a 4-year term of office, renewable, and may not serve for more than three consecutive mandates. They shall remain in office until the end of their term of office or until such time as they are replaced in accordance with Article 4(3).

Article 6 Chair DG AGRI shall appoint the chairperson and two vice-chairpersons of the group.

Article 7 Operation 1. The group shall act at the request of DG AGRI. 2. Meetings of the group shall, in principle, be held on Commission premises or remotely if circumstances require so. In agreement with DG AGRI, the group may, by simple majority of its members, decide that proceedings of individual meetings shall be recorded, in compliance with relevant data protection rules. 3. DG AGRI shall provide secretarial services. Commission officials from other departments with an interest in the proceedings may attend meetings of the group and its sub-groups. 4. In agreement with the DG AGRI, the group may, by simple majority of its members, decide that deliberations shall be public. 5. Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete. Minutes shall be drafted by the secretariat under the responsibility of the chair. 6. In principle, the group shall adopt its opinions, recommendations or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members who have voted against shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.

Article 8 Sub-groups 1. DG AGRI may set up sub-groups for the purpose of examining specific questions on the basis of the terms of reference it defines. Sub-groups shall operate in compliance with the horizontal rules and shall report to the group. They shall be dissolved as soon as their mandates are fulfilled. 2. DG AGRI shall select members of sub-groups from the members of the group or from the reserve list referred to in Article 5(4).

Article 9 Invited experts DG AGRI may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group or sub-groups on an ad hoc basis.

Article 10 Observers 1. Organisations may be granted an observer status, in compliance with the horizontal rules, by direct invitation. 2. Organisations appointed as observers shall nominate their representatives. 3. Observers’representatives may be permitted by the chair to take part in the discussions of the group and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the group.

Article 11 Rules of procedure On a proposal by, and in agreement with, the DG AGRI, the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules (8).

Article 12 Professional secrecy and handling of classified information The members of the group and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission’s rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (9) and 2015/444 (10). Should they fail to respect these obligations, the Commission may take all appropriate measures.

Article 13 Transparency 1. The group and its sub-groups shall be registered in the Register of expert groups. 2. As concerns the group and sub-groups composition, the following data shall be published on the Register of expert groups: (a) the name of individuals appointed in a personal capacity; (b) the name of observers. 3. All relevant documents, including the agendas, the minutes, the opinions and the participants’ submissions, shall be made available either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes and the opinions. Exceptions to publication shall only be foreseen where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (11).

Article 14 Meeting expenses Travel and subsistence expenses incurred by members of the group and invited experts as a result of their participation in the meetings of the group or sub-groups shall be reimbursed by the Commission in accordance with the provisions in force within the Commission, within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

Article 15 Special allowances Members of the group and the invited experts shall be entitled to special allowances for their preparatory work and/or participation in the activities of the group and related meetings, as set out in the Annex.

Article 16 Repeal Decision 2009/427/EC is repealed. References to the repealed Decision shall be construed as references to this Decision.

Done at Brussels, 4 August 2021. For the Commission Janusz WOJCIECHOWSKI Member of the Commission

(1) Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).

(2) Commission Decision C(2016) 3301 final of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups.

(3) Commission Decision 2009/427/EC of 3 June 2009 establishing the expert group for technical advice on organic production (OJ L 139, 5.6.2009, p. 29).

(4) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

(5) Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

(6) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(7) See Article 11 of the horizontal rules and its Annex 4.

(8) See Article 17 of the horizontal rules

(9) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41)

(10) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53)

(11) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution’s decision-making process.