Explanatory Memorandum to COM(2001)287 - Accession of the EC to the Codex Alimentarius Commission

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dossier COM(2001)287 - Accession of the EC to the Codex Alimentarius Commission.
source COM(2001)287 EN
date 30-05-2001
On 26 November 1991, the European Community became a Member, alongside the Member States, of the Food and Agriculture Organisation (FAO). At this time there had been an explicit agreed reference to the possibility of the Membership of the European Community in the Codex Alimentarius Commission, which is a joint FAO/WHO Food Standards Programme. The object of the Codex Alimentarius is to protect the health of the consumers and to ensure fair practices in the food trade.

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 that is conferred to relevant national measures when they are based on such standards, guidelines or recommendations adopted by the Codex Alimentarius Commission.

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

The accession of the European Community as a full member to 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.

The Council had authorised the Commission, by decision of 21 December 1993, to negotiate the conditions and the modalities of 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.

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. 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 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.

In view of the above considerations it is now appropriate that the European Community accedes to the Codex Alimentarius Commission.