2004/613/EC: Commission Decision of 6 August 2004 concerning the creation of an advisory group on the food chain and animal and plant health
Date: 2004-08-06
Institutions: European Commission
Subjects: advisory committee (EU), consumer protection, crop production, food safety, foodstuffs legislation, labelling, plant propagation

25.8.2004

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Official Journal of the European Union

L 275/17

COMMISSION DECISION

of 6 August 2004

concerning the creation of an advisory group on the food chain and animal and plant health

(2004/613/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

The White Paper on food safety adopted by the
Commission on 12 January 2000 (4) provides for the
creation of an advisory group on food safety by reorga-
nising the existing advisory committees (Action 81).

Having regard to the Treaty
Community,

establishing the European

Whereas:

(6)

The Advisory Committee on Foodstuffs was established
by Commission Decision 80/1073/EEC (5).

(7)

(8)

(9)

(10)

(1)

(2)

(3)

(4)

In its White Paper on European governance adopted on
25 July 2001 (1), the Commission committed itself to
opening up the policy-making process in the European
Union to involve more people and organisations in
developing and implementing policies.

the
for

On 11 December 2002 the Commission adopted a
and
on
communication
minimum standards
interested
parties by the Commission’ (2), to ensure a consistent
approach to consultation on the part of all the Commis-
sion's departments and to make the consultation process
more transparent.

‘General
consultation of

principles

It is necessary for the Commission to consult and inform
consumers and socio-professional circles concerned with
issues relating to labelling and presentation of food and
feed, food and feed safety, human nutrition in relation to
food legislation, animal health and animal welfare, as
well as plant health.

the

establishing

European
Regulation (EC) No 178/2002 of
Parliament and of
the Council of 28 January 2002
laying down the general principles and requirements of
food law,
the European Food Safety
Authority and laying down procedures in matters of
food safety (3) provides for open and transparent public
consultation, directly or through representative bodies,
during the preparation, evaluation and revision of food
law, except where the urgency of the matter does not
allow it.

Other advisory committees dealing with matters covered
by the common agricultural policy were established by
Commission Decision 98/235/EEC (6).

Past experience has shown the need to regroup and
reorganise the different advisory committees on matters
concerning the food chain and animal and plant health
and to improve their operation.

It is essential to establish ongoing systems for the consul-
the
tation of
European level
citizens
preparation,
evaluation and revision of Community
food law.

during

at

In view of the need for an integrated approach to the
food chain and animal and plant health in order to
it is important to include all issues
protect consumers,
of food legislation in the consultation systems, including
aspects relating to the labelling and presentation of food
and feed, safety of food and feed, human nutrition in
including
relation to food legislation, animal health,
measures relating to animal welfare, and the various
aspects of plant health, such as plant protection, plant
protection products and their residues, and conditions for
the marketing of
seed and propagation material,
including biodiversity, and including matters pertaining
to industrial property.

(1) COM(2001) 428 final.
(2) COM(2002) 704 final.
(3) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC)

No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(4) COM(1999) 719 final.
(5) OJ L 318, 26.11.1980, p. 28.
(6) OJ L 88, 24.3.1998, p. 59.

L 275/18

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Official Journal of the European Union

25.8.2004

(11)

(12)

(13)

(14)

In view of the broad field of consultation in question and
the subsequently large number of interested parties, an
involve the
effective ongoing consultation system will
consultation of citizens
representing
through bodies
interests related to the food chain and animal and
plant health at European level, although the direct
consultation of citizens must still be possible.

The socioeconomic players involved, including consumer
associations in Member States, have set up organisations
at European Union level to represent interests related to
the food chain and animal and plant health at European
level.

The quality of consultation systems depends on a direct
dialogue between the Commission and representative
European bodies taking place at structured meetings in
the context of an advisory group, especially with regard
to the Commission's programme of work on food issues.

For practical reasons connected with the organisation of
meetings, the composition of the advisory group should
not be too broad; however, adequate representation of
the interests of the food chain and animal and plant
the group will be
ensured. As
health should be
consulted
Commission's
the
on
programme of work, it will in practice be essential for
it to embrace the representative bodies that are the most
capable of protecting, at European level, general interests
connected with the food chain and animal and plant
health.

particular

in

(15)

To ensure that the group works efficiently and trans-
parently,
its operating procedures should include the
possibility of organising working group meetings which
would be open to other interested parties or bodies,
where necessary.

(16)

In the interests of clarity, Decision 80/1073/EEC should
be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

An advisory group on the food chain and animal and plant
health, hereinafter called ‘the group’, shall be set up and
attached to the Commission.

— food and feed safety,

— food and feed labelling and presentation,

— human nutrition, in relation to food legislation,

— animal health and welfare,

— matters

relating to crop protection, plant protection
products and residues
the
marketing of seed and propagation material, including biodi-
versity, and including matters pertaining to industrial
property.

thereof, and conditions

for

2.
In addition, the Commission will be able to consult the
group on any measures which the Commission has to take or
propose in these fields.

Article 3

Composition of the group

1.
The group shall be composed of no more than 45 repre-
sentatives of representative European bodies. These bodies must
have as their objective the protection of interests in the fields
referred to in Article 2(1) and must meet the following criteria:
general nature of the interests protected, representation covering
all or most Member States and permanent existence at
Community level with direct access to members’ expertise to
permit swift and coordinated reactions.

the date of adoption of

2. Within one month of
this
Decision, the Commission shall invite bodies wishing to parti-
cipate in the group to express their interest within one month,
and to explain their interest and the way in which they meet the
above criteria.

3.
The Commission shall select the bodies which most effec-
tively meet the above criteria and shall draw up a list of bodies
to be published in the Official Journal of the European Union.

4.
Each body selected shall ensure coordination of consul-
tation and information activities within its own organisation so
as to present views of the interests it represents which are as
representative as possible.

Article 2

Tasks

The Commission shall

1.
programme of work in the following fields:

consult

the

Article 4

Working methods

group on its

The group shall

1.
in principle meet twice a year at the
premises of the Commission and whenever the Commission
considers a meeting necessary.

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Official Journal of the European Union

L 275/19

2. Working groups may be created to examine specific
questions on the basis of terms of reference set by the group
or whenever necessary.

which has been classified by the Commission as confidential. In
such cases, the Commission may decide that only the members
of the group may receive such information and attend meetings.

The Commission may

3.
experts or observers,
from non-member States,
including representative bodies
where appropriate or necessary, to participate in the work of
the group or working groups.

invite

4.
The group and any working group shall meet according to
the arrangements and the timetable set by the Commission, and
shall be chaired by the Commission.

5.
The group shall adopt its own Rules of Procedure on the
basis of a proposal from the Commission. The Commission's
departments shall provide secretarial services for the meetings
and work of the group and any working groups.

Article 6

Final provision

Commission Decision 80/1073/EEC setting up an Advisory
Committee on Foodstuffs is repealed.

Article 7

Entry into force

The Commission shall ensure publicity for the work of the

6.
group.

This Decision shall enter into force on the day of its publication
in the Official Journal of the European Union.

Article 5

Confidentiality

Done at Brussels, 6 August 2004.

Members of the group, ad hoc experts and any other persons
invited to the group's meetings as observers shall be obliged not
to disclose information which has come to their knowledge
through the work of the group or its working groups and

For the Commission

David BYRNE
Member of the Commission