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Accession of the European Community to the Codex Alimentarius Commission

Accession of the European Community to the Codex Alimentarius Commission

Outline of the Community (European Union) legislation about Accession of the European Community to the Codex Alimentarius Commission

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > International dimension and enlargement

Accession of the European Community to the Codex Alimentarius Commission

Document or Iniciative

Council Decision 2003/822/EC of 17 November 2003 on the accession of the European Community to the Codex Alimentarius Commission [Official Journal L 309, 26.11.2003].

Summary

Context

The Codex Alimentarius (or food code) is a joint programme of the FAO (the UN’s Food and Agriculture Organisation) and the WHO (World Health Organisation), which lays down food health standards that serve as a reference for international trade in foodstuffs.

Since 1994 and the entry into force of the WTO Agreements on Sanitary and Phytosanitary Measures (SPS Agreement) and on Technical Barriers to Trade (TBT Agreement), the legal relevance of the Codex standards has increased. Indeed these two Agreements make reference to those standards, meaning that the latter are used as the basis for the evaluation of national measures and regulations.

At present, all Member States of the European Union (EU), and, since the end of 2003, the European Community as such are members of the Codex Alimentarius Commission, which is the body in charge of updating the Codex.

This Decision concerns the application of the European Community to accede to the CAC, achieved in 2003. It is accompanied by a declaration on the exercise of competence between the European Community and its Member States and by the text of the Arrangement between the Council and the Commission regarding preparation for meetings and statements and the exercise of voting rights within the CAC.

Background to the accession negotiations

Since Article 2 of the CAC’s statutes authorises any FAO member to become a full member, the European Community started negotiations to that end in the mid-1990s.
In January 1994, the Council authorised the Commission to enter into negotiations, on behalf of the Community, with the CAC Secretariat with a view to defining the conditions and procedures for the Community’s accession.
Discussions between the Commission and Council had since then been blocked by Member State concerns about internal coordination and the division of responsibilities.
As a result of the White Paper on Food Safety, which reaffirmed the benefits of CAC membership, negotiations with the CAC Secretariat on accession conditions resumed during 2001.

In June 2003, the CAC amended its Rules of Procedure allowing regional economic integration organisations to become members, thus opening the way to the accession of the European Community alongside its Member States.

The Codex Alimentarius Commission: aims and mode of operation

The CAC was created by the WHO and FAO in 1963 to implement their Joint Food Standards Programme aimed at protecting the health of consumers, ensuring fair trade practices in the food trade and promoting coordination of all food standards work undertaken by governmental and international organisations.

Its main aim, then, is to define international standards, codes of practice and other guidelines and recommendations concerning agricultural and fishery products, foodstuffs, food additives, food contaminants, animal feed and the residues of veterinary products and pesticides as well as labelling, inspection and certification systems, analysis and sampling methods, ethics and good farming practice codes and food hygiene practices.
These standards are then published in one of the Codex’s 13 volumes:

  • general requirements and general requirements for food hygiene;
  • general texts on pesticide residues in food and maximum limits for same;
  • residues of veterinary drugs in foods;
  • foods for special dietary uses, including foods for infants and children;
  • processed and quick-frozen fruits and vegetables, fresh fruits and vegetables;
  • fruit juices;
  • cereals, pulses and derived products and vegetable proteins;
  • fats and oils and related products;
  • fish and fishery products;
  • meat and meat products;
  • soups and broths;
  • sugars, cocoa products and chocolate and miscellaneous products;
  • milk and milk products;
  • methods of analysing and sampling.

The CAC’S work also encourages food traders to voluntarily adopt ethical practices. To that end, the CAC has published a Code of ethics for international trade in food, which now forms part of the Codex.

The CAC currently comprises 171 countries and holds meetings every year. It is helped in developing its standards by subsidiary bodies, which include committees dealing with horizontal matters (for example, general principles, labelling, food hygiene, food additives and contaminants, etc.), committees dealing with vertical matters, i.e. specialising in one type of product (for example, milk and milk products, fish and fishery products, etc.), “task forces” dedicated to a particular task of limited duration and regional coordinating committees. In addition, the experts’ meetings organised and supported by the FAO and the WHO provide the essential scientific basis (risk assessment) for the CAC’S work and the publications resulting from their activities act as international references. There are three of these groups of experts, the Joint FAO/WHO Meeting on Pesticide Residues (JMPR), the Joint FAO/WHO Meeting on Microbiological Risk Assessment (JEMRA) and the Joint FAO/WHO Expert Committee on Food Additives (JECFA).

Activities of the European Community and its Member States within the CAC

The CAC’s Rules of Procedure now allow a member organisation to share its voting rights with its Member States in accordance with their respective competences. When the member organisation is entitled to vote, the number of votes it may cast is equal to the number of Member States present when the vote is taken, hence the importance of Member States being present. This rule is the result of a compromise reached with developing countries, which, in the interests of fairness, could not accept the vote of a country not present being counted.

Competence is assigned as follows:

  • the European Community has exclusive competence for matters on which the rules have already been harmonised, either fully or to a large extent, at Community level. In such cases, the Commission speaks and votes in the name of the Community, although Member States have the right to speak in favour of the Community position and to react to contributions from other countries;
  • the Member States have exclusive competence for all organisational matters (for example, legal or budgetary questions) and for procedural matters (for example, the election of chairpersons, the adoption of agendas and the approval of minutes);
  • competence is shared where rules have been only partially harmonised: the vote is exercised either by the Member States or the Community, depending on the degree of harmonisation achieved. In such cases, the Presidency and the Commission put forward the common position. Member States may also speak in order to support and/or develop the Community position and to react to contributions.

Before each meeting of the CAC or of one of its subsidiary bodies, an annotated agenda, indicating who, within the organisation or its Member States, is competent for each item and is to exercise the right to vote, is drawn up and given to all participants.

In addition, the Member States and the Commission have the right to participate in the Codex working groups and drafting committees and express their opinions there. Member State and Commission representatives endeavour to reach a common position and defend this during discussions in the working groups and drafting committees,

The HACCP principles (Hazard Analysis and Critical Control Point) and the Codex Alimentarius

The measures taken by the EU with regard to food safety and food frequently invoke the Codex as justification. This is true particularly of the HACCP principles, which are the basis of European legislation relating to food hygiene and official controls on products of animal origin intended for human consumption.

These principles, developed by the CAC since the early 1990s, prescribe a number of stages to be followed throughout the production cycle in order to allow, on the basis of a risk analysis, the identification of critical points that need to be monitored to ensure food safety:

  • identification of all risks to be avoided, eliminated or reduced to acceptable levels;
  • identification of the critical or limit points where surveillance becomes essential;
  • establishment and application of effective procedures for monitoring critical points;
  • adoption of corrective measures when monitoring reveals a critical point is being overstepped.

Relationship between the WTO and the Codex Alimentarius

When the WTO was set up in April 1994, two specific agreements were concluded in Marrakech to restrict barriers to trade justified on the basis of protectionist technical regulations:

  • the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement);
  • the Agreement on Technical Barriers to Trade (TBT Agreement).

The SPS Agreement lays down the conditions on which a State can adopt and implement health measures (animal health, food safety) or phytosanitary measures (protection of plants) that have a direct or indirect impact on international trade. This Agreement makes explicit reference to the standards defined by the Codex to impose limits on the actions of the signatory States.
Thus the preamble to this Agreement declares itself in favour of furthering “the use of harmonized sanitary and phytosanitary measures between Members, on the basis of international standards, guidelines and recommendations developed by the relevant international organisations, including the Codex Alimentarius Commission”.

The TBT Agreement aims to guarantee that technical regulations and standards do not create unnecessary obstacles to international trade. It too makes extensive reference to international standards, though without explicitly citing the Codex, in the context of the harmonisation that it advocates.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2003/822/EC 17.11.2003 OJ L 309 of 26.11.2003

Community strategy on health and safety at work

Community strategy on health and safety at work

Outline of the Community (European Union) legislation about Community strategy on health and safety at work

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Community strategy on health and safety at work (2002-2006)

The aim of this strategy is to facilitate the application of existing health and safety at work legislation and to come up with new ideas for the period in question. It is based on an inventory of the current situation, on the basis of which the Commission reiterates the three prerequisites for a safe and healthy workplace: consolidating risk prevention culture, better application of existing law and a global approach to well-being at work. To meet these conditions, the Community strategy proposes three main approaches: adapting the legal framework, support for innovative approaches (formulation of best practices, social dialogue, corporate social responsibility) and finally the mainstreaming of health and safety at work in other Community policies.

Document or Iniciative

Commission Communication of 11 March 2002 on a Community strategy on health and safety at work (2002-2006) [COM(2002) 118 – Not published in the Official Journal].

Summary

1. The Lisbon European Council highlighted the fact that Europe is currently experiencing the transition to a knowledge economy characterised by profound changes in the composition of the active population, forms of employment and risks at the workplace. Identifying the various trends helps to better define the problems for which the health and safety at work strategy will have to provide solutions.

ADAPTING TO CHANGES IN THE WORLD OF WORK

Trends in the active population: feminisation and ageing

2. Trends in the active population call for a global approach to the quality of employment, taking into account the specific situation of different age brackets and the gender dimension.

3. For example, the steady rise in the numbers of women whose work calls for specific measures in some areas: women are not susceptible to the same types of occupational diseases as men and have different types of industrial accidents. The differences between the sexes must be better taken into account in the legislation. To this end, action must be taken with regard to the ergonomics of workstations, and physiological and psychological differences must be taken on board in the organisation of work.

4. By the same token, older workers (50 years plus) tend to have more serious industrial accidents leading to higher mortality, as they tend to be over-represented in the more dangerous manual occupations.

Diversification of forms of employment

5. The increase in temporary contracts and unconventional hours (shift or night work) are factors that increase the dangers to which workers are exposed. These workers are often poorly trained, sometimes demotivated because of the unstable nature of their contract and suffering from psychosomatic problems caused by their working hours. New forms of employment, such as teleworking, lead to the appearance of new problems of which more account must be taken.

The changing nature of the risks

6. Changes in work organisation (target-driven approaches and greater flexibility) have a profound effect on health at work and on the well-being of workers in general. Problems such as stress, depression, violence, harassment and intimidation at work are rising fast and, by 1999, already accounted for 18% of all work-related health problems. Strategies to prevent these new social risks should also incorporate the incidence of addictions, in particular alcoholism and drug addiction, on accident frequency.

THREE PREREQUISITES FOR A HIGH QUALITY WORKING ENVIRONMENT

A global approach to well-being at work

7. The Community’s health and safety at work policy should promote real well-being at work, be it physical, emotional or social, which is more than merely the absence of occupational accidents or diseases. To this end, the following additional measures must be taken:

  • continuing reduction in industrial accidents and occupational diseases (quantifiable objectives should be set at Community and national level);
  • prevention of social and emotional problems (stress, harassment at work, depression, anxiety and addiction);
  • better prevention of occupational diseases, in particular the diseases linked to asbestos, hearing loss and musculoskeletal complaints;
  • more consideration of demographic trends in occupational risks, accidents and diseases (older workers and protection of young people at work);
  • gender mainstreaming in risk assessment, prevention measures and compensation arrangements;
  • more consideration of changes in the forms of work and work organisation (temporary and unconventional work);
  • taking on board the specific problems of SMEs, micro-enterprises and self-employed workers.

A real culture of prevention

8. Improving knowledge of risks involves:

  • education and training (raising awareness in schools’ programmes, teaching in vocational programmes and in the context of continuing vocational training);
  • raising employers’ awareness of the issues involved in creating a well managed working environment;
  • anticipating new and emerging risks, whether linked to technological innovations or social trends (creation of a risk observatory within the European Agency for Safety and Health at Work).

This Agency should play a key role in these awareness-raising and anticipation activities.

Better application of existing law

9. The proper application of Community law is a prerequisite for improving the quality of the working environment. The Commission, in conjunction with the social partners, will accordingly be drafting guides to applying the relevant directives which will take into account the diversity of companies and sectors of activity. Moreover, the Commission will be developing activities to encourage, through close collaboration between the national authorities, the correct and equivalent implementation of the directives. In this context, the development of joint inspection objectives and joint methods of assessment for the national inspection systems must be promoted, and the inspections carried out by the inspectorates in the Member States must lead to uniform penalties which are dissuasive, proportionate and effectively applied.

A GLOBAL APPROACH COMBINING LEGAL INSTRUMENTS AND PARTNERSHIPS

10. Promoting a high-quality work environment, taking on board the three dimensions above, calls for a global approach based on all the available mechanisms.

Adapting the legal and institutional framework:

  • adapting existing directives to scientific developments and technological progress;
  • analysing the national reports on the application of the directives in order to identify the difficulties faced by the various actors in the implementation of the legislation;
  • new provisions, including extending the scope of the Directive on carcinogens, creating a new legislative framework on the ergonomics of workstations, a communication on musculoskeletal disorders and new legislation on emerging risks (inter alia, bullying and violence at work);
  • streamlining the legal framework: codifying the existing directives and drafting a single implementation report to replace the specific reports provided for in the various directives;
  • merger of the Advisory Committee on Safety, Hygiene and Health Protection at Work and the Safety and Health Commission for the Mining and Other Extractive Industries.

Support for innovative approaches:

  • Benchmarking and the identification of best practices should:

    – promote convergence in the Member States, with the setting of national objectives to cut accidents, occupational diseases and lost days as a result of accidents or illnesses;
    – lead to a better definition of emerging phenomena such as stress-related complaints and illnesses and musculoskeletal disorders;
    – develop knowledge of and monitor the economic and social costs of accidents and occupational diseases.

  • Voluntary agreements concluded by the social partners

    Social dialogue and action by the inter-professional and sectoral social partners are good ways of tackling the specific risks and problems of particular occupations and sectors. They often lead to the drafting of good practices, codes of conduct or even framework agreements.

  • The social responsibility of businesses and competitiveness

    Many companies consider creating a safe and healthy working environment to be an important criterion in their choice of subcontractors and the marketing of their products. Health and safety at work is being included ever more often in voluntary certification and labelling initiatives. A healthy working environment is part of a global approach to managing quality which leads to better performance and competitiveness. The relationship between health and safety at work and competitiveness is more complicated than just the cost of complying with certain standards. In fact, the absence of a policy can lead to a loss of productivity which is far worse in terms of cost.

  • Economic incentives

    The fixing of insurance premiums for companies on the basis of their accident frequency represents a real financial incentive. This practice should be applied more systematically.

Mainstreaming of health and safety at work in other Community policies

11. Well-being at work cannot be achieved exclusively through health and safety policy. It is closely linked to other Community policies, such as the European Employment Strategy, public health policy, the placing on the market of work equipment and chemical products and other protection policies based on prevention (e.g. in transport, fishing, the environment).

THE INTERNATIONAL DIMENSION TO HEALTH AND SAFETY AT WORK

Preparation for enlargement

12. The following measures should be applied in order to ensure the application of the acquis:

  • stepping up the technical assistance programmes and exchanges of experiences based on partnership and twinning formulas;
  • stepping up social dialogue;
  • promoting the collection and analysis of data on occupational accidents and diseases.

Development of international cooperation

13. Linking the activities of the Commission with those of other international organisations (e.g. the World Health Organisation and the International Labour Organisation) is vital, especially in fields such as combating child labour and the impact of alcohol and drug addiction on health and safety at work.
As part of the Council’s work, this coordination has led to the adoption, in the context of International Labour Conferences, of an agreement and a recommendation on the safety and health of workers in mining and in agriculture, a protocol and a recommendation on the recording and declaration of industrial accidents and occupational diseases, including the revision of the schedule of occupational diseases, and the adoption of a resolution on safety and health at work.

Cooperation with third countries, particularly those around the Mediterranean, the ASEAN (Association of Southeast Asian Nations) countries, the NAFTA (North American Free Trade Agreement) countries and the Mercosur countries (Argentina, Brazil, Paraguay and Uruguay) is essential to ensure that minimum standards are respected.
Finally, the cooperation and exchanges of experiences in the field of health and safety at work developed as part of the transatlantic pact with the United States should be stepped up.

CONTEXT

14. This Strategy succeeds the 1995 Commission Communication on a Community Programme concerning safety, hygiene and heath at work (1996-2000).
At that time, the focus was on the following points:

  • the establishment and operation of the European Agency for Safety and Health at Work in Bilbao;
  • the correct transposition of the various directives and their practical application (assessment reports, monitoring of the labour inspectorate);
  • creating a safety culture in the business sector;
  • developing the link with employability (the quality of employees’ work depends largely on their working conditions).

Key terms used in the act

  • In 1998, 5500 workers died as a result of an occupational accident, and 4.8 million accidents led to more than three days’ absence from work. Compared to the situation in 1994, the frequency of occupational accidents has dropped by almost 10%.
  • Fishing, agriculture, building, health care and social services had rates more than 30% above the average.
  • The extractive industries, manufacturing, transport and hospitality had rates more than 15% above the average


Another Normative about Community strategy on health and safety at work

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Employment and social policy > Health hygiene and safety at work

Community strategy on health and safety at work (2007-2012)

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 21 February 2007, entitled ‘Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work’ [COM(2007) 62 final – Not published in the Official Journal].

Summary

Good health at work helps improve public health in general and also the productivity and competitiveness of businesses. Furthermore, workplace problems of health and safety exact a high cost for social protection systems and therefore workers need to be provided with suitable working conditions if their general wellbeing is to be enhanced.

The Community’s current strategy on workplace health and safety is a continuation of its strategy for 2002-2006. The previous strategy has already borne fruit: workplace accidents have been markedly fewer in number. The new 2007-2012 strategy, which is even more ambitious, is focusing on achieving a 25 % reduction in the total incidence rate of accidents at work and, in order to achieve its goal, the Commission has established six intermediate objectives, which are summarised below.

Putting in place a modern and effective legislative framework

There are sometimes serious shortcomings in the application of Community legislation on workplace health and safety. The Commission will ensure that Community directives are transposed properly (if necessary, infringement proceedings will be launched). The Commission also draws the attention of the Member States to their obligation to implement Community legislation, for which they have several methods at their disposal, e.g. training, dissemination of information, involvement of labour inspectors or use of economic incentives.

Community legislation should not only be more effectively implemented but also be applied in a uniform manner in all the Member States in order to guarantee equivalent levels of protection to all European workers. At Community level, the Senior Labour Inspectors’ Committee (SLIC) will be working to develop mechanisms whereby common solutions can be found to problems specific to several Member States. The Committee will also be responsible for promoting cooperation between labour inspectorates.

In terms of worker protection, it is also essential to adapt the legal framework to changes in the world of work and to the latest technical advances. The Commission proposes to examine, for example, the possibility of launching initiatives to assess the musculo-skeletal risks involved in certain occupations and to investigate areas where carcinogens might be in use.

When all is said and done, any adaptation of the legal framework must also make that framework less complex and more effective. The Commission emphasises that simplified legislation should not lead to a reduction in existing levels of protection.

Encouraging the development and implementation of national strategies

The Commission invites the Member States to define and to adopt national strategies that are coherent with Community strategy and to establish quantitative objectives to be achieved within that context. The Commission proposes that the Member States pay particular attention to four areas:

  • prevention and health surveillance;
  • rehabilitation and reintegration of workers;
  • responses to social and demographic change (the ageing of the population, younger workers);
  • coordination between, on the one hand, policies on health and safety at work and, on the other, policies on public health, regional development and social cohesion, public procurement, employment and restructuring.

Promoting changes in behaviour

Changes in behaviour should be encouraged at all levels from primary school through to the world of work. The Commission calls upon the Member States to make wider use of the potential offered by the European Social Fund and other Community funds with a view to incorporating health and safety into education and training programmes. The raising of awareness within companies can be promoted through direct or indirect financial incentives, such as reductions in social contributions or insurance premiums, or increases in economic aid.

Confronting new and increasing risks

It is essential to step up scientific research in order to be able to anticipate, identify and respond to new workplace health and safety risks. At Community level, research in the areas of workplace health and safety is supported by the 7th framework programme for research and technological development. At national level, the Commission encourages Member States to coordinate their research programmes.

Depression is, at the present time, an increasingly important cause of incapacity for work. Mental health should be promoted in the workplace, e.g. by stepping up initiatives aimed at preventing violence and harassment in the workplace or combating stress.

Improving measurement of progress made

The Commission will ensure that statistics and information on national strategies are collected and that qualitative indicators are developed to enhance knowledge of progress achieved in the areas of health and safety at work.

Promoting health and safety at international level

The European Union is seeking to raise labour standards worldwide and will endeavour to increase its cooperation with third countries and with international organisations such as the International Labour Organisation (ILO) or the World Health Organisation (WHO). For example, it aims to promote implementation of the global strategy on occupational safety and health , adopted by the ILO in 2003, ratification of the promotional framework for occupational safety and health convention , adopted in 2006, and the banning of asbestos.

Related Acts

Communication from the Commission to the Council and European Parliament of 8 November 2007 transmitting the European framework agreement on harassment and violence at work [COM(2007) 686 final [Not published in the Official Journal].
This Communication relates to the European framework agreement on harassment and violence at work. It is the third autonomous agreement of its type, negotiated by the European cross-industry social partners. Its objective is to prevent and, where necessary, manage problems of bullying, harassment and physical violence in the workplace. Such situations are roundly condemned by the social partners, which call upon European companies to adopt a policy of zero tolerance.
The European framework agreement on harassment and violence at work was signed on 26 April 2007 by the ETUC, BUSINESSEUROPE, UEAPME and CEEP.