2003/822/EC: Council Decision of 17 November 2003 on the accession of the European Community to the Codex Alimentarius Commission
Date: 2003-11-17
Institutions: Council of the European Union
Subjects: European Union, accession to an agreement, consumer protection, foodstuff, foodstuffs legislation, harmonisation of standards, labelling, public health

L 309/14

EN

Official Journal of the European Union

26.11.2003

II

(Acts whose publication is not obligatory)

COUNCIL

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,

(2)

Having regard to the Treaty establishing the European Com-
munity, 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 interna-
tional trade. These objectives are in line with the objec-
tives of the European Community as regards measures
taken to protect human, animal or plant life or health or
the
trade
measures, and harmonisation of national legislation, in
regards
particular as
food additives and
foodstuffs,
including labelling and methods of
contaminants,
analysis and sampling, with a view to ensuring free
circulation in the internal market and imports from third
countries.

environment

international

related

and

Since 1994, with the entry into force of
the WTO
Agreements, in particular the Agreement on the applica-
tion of Sanitary and Phytosanirary Measures (SPS Agree-
ment) and the Agreement on Technical Barriers to Trade
(TBT Agreement), Codex Alimentarius standards, guide-
lines and recommendations have acquired increased legal
relevance by virtue of the reference made to the Codex
Alimentarius in the WTO Agreements and the presump-
tion of conformity which is conferred on relevant
national measures when they are based on such stan-
dards, guidelines or recommendations adopted by the
Codex Alimentarius Commission.

(3)

(4)

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 Commis-
sion and its subsidiary bodies. Accession of the European
Community as a full member of Codex Alimentarius,
alongside its Member States,
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 recom-
mendations and other provisions by the Codex Alimen-
tarius Commission.

is essential

The accession of the European Community as a full
member of the Codex Alimentarius should help rein-
force 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.

(1) Opinion dated 7 November 2001 (not yet published in the Official

Journal).

(5)

On 26 November 1991,
the European Community
became a Member, alongside the Member States, of the
Food and Agriculture Organisation (FAO).

26.11.2003

EN

Official Journal of the European Union

L 309/15

(6)

(7)

(8)

(9)

(10)

the Statutes of

the Codex Alimentarius
Article 2 of
Commission entitles the European Community, as a
Member of FAO, also to become a full Member of the
Codex Alimentarius Commission.

for

the accession of

the Council
By Decision of 21 December 1993,
authorised the Commission to negotiate the conditions
and modalities
the European
Community as a full member to the Codex Alimentarius
Commission on the basis of
the
its situation in the FAO and
European Community,
taking into account the object and particular features of
the Codex Alimentarius Commission.

the competence of

The rights and obligations of Member Organisations of
to the
the FAO can be applied, mutatis mutandis,
membership of the European Community of the Codex
Alimentarius Commission, and the appropriate decisions
regarding the required adaptations of the relevant provi-
sions of the rules of procedure of the Codex Alimen-
tarius Commission and its subsidiary bodies have already
been undertaken.

The outcome of
the negotiations conducted by the
European Commission is considered to be satisfactory
the European
taking into account
Community and its Member States and the specific
features of the Codex Alimentarius Commission.

the interests of

It
is necessary to provide for practical modalities
concerning the participation of the European Commu-
nity 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 Alimen-
tarius.

(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 Integra-
tion Organisations to become members of Codex,

HAS DECIDED AS FOLLOWS:

Article 1

1.
for
The European Community shall submit a request
accession to the Codex Alimentarius Commission, accompanied
by a formal instrument according to which it accepts the obli-
gations 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).

The President of the Council shall be responsible for

2.
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.

For the Council

The President

G. ALEMANNO

L 309/16

EN

Official Journal of the European Union

26.11.2003

ANNEX I

Instrument of accession to the Codex Alimentarius Commission

Dear Sir,

I have the honour to inform you that the European Community, as a Member of FAO, has decided to request accession
to the Codex Alimentarius Commission. I, therefore, request you to accept this instrument, by which the European
Community accepts the modified Rules of Procedure of the Codex Alimentarius Commission, in accordance with Rule II
thereof, and the single Declaration by the European Community on the exercise of competence.

The European Community formally and without reservation accepts the obligations arising from its membership of the
Codex Alimentarius Commission, as set out in the Statutes of the Codex Alimentarius Commission, and solemnly under-
takes to fulfil the obligations in force at the time of its admission in all loyalty and conscience.

I have the honour to be, Sir, yours faithfully,

Alessandro PIGNATTI

President-in-Office of the Council of the European Union
Chair, Committee of Permanent Representatives
(Part 1)

Mr Diouf
Director General
United Nations Food and Agriculture Organisation
Via delle Terme di Caracalla
I-00100 Rome

26.11.2003

EN

Official Journal of the European Union

L 309/17

ANNEX II

Single Declaration by the European Community on the exercise of competence according to Rule VI of the
Rules of Procedure of the Codex Alimentarius Commission

This Declaration specifies the exercise of competence between the European Community and its Member States in
matters covered by the instruments establishing the Codex Alimentarius Commission. It does not affect the speaking
arrangement regarding the Community and its Member States.

This Declaration applies to all meetings of the Codex Alimentarius Commission and any of its subsidiary bodies, unless
the European Community decides or another Codex Alimentarius member requests in respect of any particular agenda
item before the meeting to make a specific statement.

Should the scope of the division of competence described below between the European Community and its Member
States change, this Declaration will be updated accordingly.

1. EUROPEAN COMMUNITY'S COMPETENCE

As a general rule, the European Community has exclusive competence for agenda items dealing with harmonisation
of standards on certain agricultural products, foodstuffs, food additives, contaminants, veterinary drug, pesticides, fish
and fishery products,
including labelling, methods of analysis and sampling, as well as codes and guidelines of
hygiene practice, insofar as the Community legislation has harmonised either completely or to a large extent the rele-
vant fields in these areas, as well as issues of international trade to the extent that they are related to the objectives of
the Codex Alimentarius Commission, notably to protecting the health of the consumers and ensuring fair practices in
the food trade.

2. MEMBER STATES' COMPETENCE

As a general rule, the Member States of the European Community have competence for agenda items dealing with
organisational matters (e.g. legal or budgetary issues) and procedural issues (e.g. election of chairpersons, adoption of
the agenda, adoption of reports).

3. MEMBER STATE AND COMMUNITY COMPETENCE

The European Community and its Member States both have a priori competence in the following areas, to the extent
that the measures envisaged in those areas fall within the scope of action of the Codex Alimentarius and where the
Community has the power to harmonise but such areas have been harmonised in part only:

(a) agricultural policy in general, including the harmonisation of standards for animal or plant life and health (Arti-

cles 32 to 38 of EC Treaty);

(b) approximation of provisions laid down by laws, regulation or administrative action by the Member States in the

areas of human, animal or plant life or health (Articles 94 and 95 of EC Treaty);

(c) public health policy measures (Article 152 of EC Treaty) and consumer protection measures (Article 153 of EC

Treaty);

(d) policy on research and technological development (Articles 163 to 173 of EC Treaty);

(e) environmental policy (Articles 174 to 176 of EC Treaty);

(f) development policy (Articles 177 to 181 of EC Treaty);

(g) other policies of the European Community that may concern even partially the specific activities of the Codex

Alimentarius Commission.

L 309/18

EN

Official Journal of the European Union

26.11.2003

ANNEX III

Arrangement between the Council and the Commission regarding preparation for Codex Alimentarius
Meetings and statements and exercise of voting rights

1.

Scope of application of the coordination procedure

These coordination procedures will apply to any meeting of the Codex Alimentarius Commission or
any of its subsidiary bodies, including working groups and to replies to Circular Letters.

2.

Codex Alimentarius Circular Letters

2.1. With the aim of respecting the deadline for replying to the Codex Circular Letters, the Commission
shall send, at regular intervals not exceeding two months, to the Member States a table listing, sepa-
rately, all outstanding, announced and anticipated Circular Letters, identifying those Circular Letters
for which it intends to prepare a draft common reply on behalf of the Community and the time
frame in which this will be done and giving as far as possible its opinion on the competence status
for each of them.

2.2. When the Commission indicates that a common reply is to be prepared, the Member States will
refrain from answering directly the identified Codex Circular Letters but can point out to the
Commission the specific issues or points that pose them a problem and the orientation they suggest
to adopt in the reply.

2.3. The Commission will prepare a draft common reply taking into account the indication of the
Member States and will communicate the draft rapidly to the Member States for further comments
through the national Codex Points of Contact or any specific point designated by Member States.
The Commission, on the basis of the received comments, will prepare a revision of the common
reply, indicating the received comments and explaining where applicable why some of them were
not taken into consideration.

2.4. A Member State may also indicate to the Commission that a particular Circular Letter needs a
common reply. In such a case the Commission will prepare a draft reply with the technical assis-
tance of this Member State.

2.5. When the Commission considers that it is not necessary to prepare a common reply, the Member
States are entitled to answer directly the Codex Circular Letters for which no common reply is fore-
seen. However, in this case, the Member States which intend to send comments directly will circulate
a draft among the other Member States and the Commission before sending it to Codex in order to
verify that there is no opposition from the Commission or any other Member State.

2.6. The Commission and the Member States will make a serious effort to reach a common position as
soon as possible. If the draft common reply is acceptable to the Member States, it will be sent to the
secretariat of the Codex Alimentarius. But if there is still a substantial amount of divergence of
opinion, the Commission will send the draft to the Council Secretariat for the purpose of organising
a coordinating meeting to resolve the remaining differences, and the relevant procedure set out in
section 3 below will apply.

3.

Coordination procedure in the Council

3.1. To prepare for any Codex Alimentarius meeting, coordination meetings will be held:

— in Brussels, within the competent Council Working Party (usually Codex Alimentarius Working
Party), as early as possible and as many times as necessary ahead of the Codex Alimentarius
meeting, and, in addition,

— on-the-spot, particularly at the beginning and, if necessary, during and at the end of the Codex
Alimentarius meeting, with further coordination meetings being called whenever necessary
throughout the series of meetings.

26.11.2003

EN

Official Journal of the European Union

L 309/19

3.2. The coordination meetings will agree on statements to be made on behalf of only the Community or
on behalf of the Community and its Member States. Statements to be made on behalf of the Member
States only do not form part of the Community coordination as such, but may of course also be
subject to coordination at these meetings if so agreed by the Member States.

The Community or common positions are usually agreed upon in the form of a negotiating position,
a statement or an outline of a statement. When reference is made in this arrangement to a ‘state-
ment’, it should be considered to refer also to other forms in which the Community or common
position is agreed.

3.3. The Commission will on receipt send any Codex Alimentarius meeting agenda to the Council Secre-
tariat for circulation to Member States together with an indication of the agenda items on which it is
intended that a statement be made and whether this statement will be made on behalf of the
Community or the Community and its Member States.

In the case of agenda items which may necessitate taking a decision by consensus or by a vote in a
Codex Alimentarius meeting, the Commission will give an indication on whether it is the Commu-
nity or its Member States who should vote.

3.4. The Commission will send draft statements and position papers to the Council Secretariat for circula-
tion to Member States as soon as possible but at least one week before the coordination meeting.
For the preparation of draft statements or position papers, the Commission will rely on the technical
expertise of the Member States. The Council Secretariat will ensure that the draft statements are
transmitted promptly through the national Codex Points of Contact or any specific point designated
by Member States.

3.5. The coordination meetings will decide on the exercise of responsibilities with respect to statements
and voting in relation to each item of the Codex Alimentarius meeting agenda, on which a statement
may be made or a vote is expected.

3.6. The Commission will
Council Secretariat, of:

inform Member States in advance of coordination meetings, through the

(a) its proposals regarding the exercise of responsibilities on a particular topic;

(b) its proposals in regard to statements on a particular topic.

3.7.

If the Commission and the Member States in coordination meetings within the competent Council
Working Party or on the spot cannot agree a common position, including for reasons of disagree-
ment on the repartition of competence, with regard to questions referred to in points 3.6(a) and (b),
the matter will be referred to the Permanent Representatives Committee which shall decide on the
basis of the majority laid down in the relevant Community law dealing with the subject matter under
consideration.

3.8. Decisions referred to in paragraph 3.7 are without prejudice to the respective competence of the

Community and its Member States in the areas under consideration.

3.9.

Should it prove impossible on the part of the Commission to prepare statements in time for the
coordination meeting (due to the non-availability of the Codex Alimentarius documentation), the
Commission will outline to the Member States, at least one week before the Codex Alimentarius
meeting, the main elements of a Community or common position and the statement to be made
accordingly. When necessary in exceptional circumstances, an on-the-spot coordination meeting will
examine again these elements and the statement with the representatives of the Commission and of
the Member States present in the meeting.

3.10. When during Codex Alimentarius meetings the need arises for a statement to be made, in order to
respond to the evolution or the dynamics of the negotiations, by the Community representative on
behalf of the Community or on behalf of the Community and its Member States, a draft statement
will be coordinated on the spot and the relevant part of paragraph 3.9 will apply.

L 309/20

EN

Official Journal of the European Union

26.11.2003

3.11. During Codex discussions, in order to react to proposals not covered by the agreed Community posi-
tion, Member States and the Commission after due coordination where possible shall be able to
propose an initial response and explore alternative options without giving a formal commitment.
The Commission and Member States shall pay full regard to the established Community position
and its underlying rationale, and will coordinate on the spot as soon as possible to confirm or
change the provisional positions.

4.

Statements and voting in the Codex Alimentarius meetings

4.1. Where an agenda item deals with matters of exclusive Community competence, the Commission
shall speak and vote for the Community. After due coordination, the Member States may also speak
in order to support and/or develop the Community position.

4.2. Where an agenda item deals with matters of exclusive national competence, Member States shall

speak and vote.

4.3. Where an agenda item deals with matters containing elements of both national and Community
competence, the Presidency and the Commission shall express the common position. After due coor-
dination, Members States may speak to support and/or develop the common position. The Member
States or the Commission, as appropriate, will vote on behalf of the Community and its Member
States in accordance with the common position. The decision on who will be voting is made in the
light of where the preponderance of the competence lies (e.g. mainly Member State or mainly
Community competence).

4.4. Where an agenda item deals with matters containing elements both of national and of Community
competence and the Commission and the Member States have not been able to agree a common
position as referred to in point paragraph 3.7, Member States may speak and vote on matters falling
clearly within their competence. In accordance with the Codex Alimentarius rules of procedure, the
Commission may speak and vote on matters falling clearly within Community competence and for
which a Community position has been adopted.

4.5. On matters for which there is no agreement between the Commission and the Member States on
repartition of competence, or where it has not been possible to obtain the majority needed for a
Community position, a maximum effort will be made to clarify the situation or achieve a Commu-
nity position. Pending this, and after due coordination, the Member States and/or the Commission,
as appropriate, would be entitled to speak on condition that the position expressed will be coherent
with Community policies and previous Community positions, and in conformity with Community
law.

4.6. During the first two years from the Community's accession to the Codex Alimentarius Commission,
the results of the coordination meetings in the competent Council Working Party on the exercise of
responsibilities with respect to statements and voting in relation to each item of the Codex Alimen-
tarius meeting agenda will be communicated to the Codex Alimentarius Secretariat. After the initial
period of two years, the single, general Declaration made will be considered applicable, unless there
is a specific request for clarification from another Codex Alimentarius member or it is decided other-
wise in the competent Council Working Party.

4.7. Within the framework of paragraph 4.1 or 4.3, where a Member State has particular important
concerns in respect of a dependent territory, and this concern cannot be accommodated in a
common or Community position, that Member State shall retain the right to vote and speak in
respect of its dependent territory, bearing in mind the interests of the Community.

5.

Drafting and working groups

5.1. The Member States and the Commission are entitled to participate voluntarily and speak in the
informal meetings
drafting and working groups of the Codex Alimentarius which are technical
attended only by some members of the Codex Alimentarius and where no formal decisions are
taken. The representatives of the Member States and the Commission will make a serious effort to
reach an agreed position and to defend this during the discussions in drafting and working groups.

5.2. The Commission and the Member State representatives participating in Codex drafting and working
groups, without prejudice to the question of the competence, notify the other Member States
promptly of draft reports drawn up by the group's rapporteur and coordinate with Member States
regarding the position to be taken. In the absence of specific coordination on the draft reports, the
Commission or Member State representatives on the drafting and working groups will use as orienta-
tion the coordinated statements and the coordination meeting discussions, as indicated in section 4.

26.11.2003

EN

Official Journal of the European Union

L 309/21

6.

Review of the arrangement

At the request of a Member State or the Commission, the arrangement will be reviewed, taking
account of experience gained from its operation.