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Commission staff working document - Annex to the report from the Commission on the working of committees during 2005 {COM(2006) 446 final}

/* SEC/2006/1065 final */

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52006SC1065

/* SEC/2006/1065 final */

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 09.08.2006

SEC(2006) 1065

COMMISSION STAFF WORKING DOCUMENT

Annex to the report from the Commission on the working of committees during 2005 {COM(2006) 446 final}

TABLE OF CONTENTS

PRESENTATION OF ACTIVITIES BY POLICY SECTOR 3

Detailed information for ENTERPRISE 6

Detailed information for EMPLOYMENT 10

Detailed information for AGRICULTURE 11

Detailed information for TRANSPORT AND ENERGY 13

Detailed information for ENVIRONMENT 17

Detailed information for RESEARCH 23

Detailed information for INFORMATION SOCIETY 25

Detailed information for FISHERIES 27

Detailed information for INTERNAL MARKET 27

Detailed information for REGIONAL POLICY 28

Detailed information for TAXATION AND CUSTOMS UNION 28

Detailed information for EDUCATION AND CULTURE 31

Detailed information for HEALTH AND CONSUMER PROTECTION 32

Detailed information for JUSTICE, FREEDOM AND SECURITY 35

Detailed information for EXTERNAL RELATIONS 37

Detailed information for TRADE 38

Detailed information for ENLARGEMENT 39

Detailed information for EUROPEAID 40

Detailed information for HUMANITARIAN AID 41

Detailed information for STATISTICS 41

Detailed information for BUDGET 43

Detailed information for ANTI-FRAUD OFFICE 43

PRESENTATION OF ACTIVITIES BY POLICY SECTOR

1. Introduction

This working document contains snapshots of the policy sectors and includes the figures for all the committees in a sector. All individual committees under the responsibility of each Commission department (whether active or not) are listed, together with their relevant data. This approach provides for transparency of the policy sector activities. In addition, textual comments highlight important changes in the organisation and situations of disagreement in the work of the committees in the reporting year.[1]

The following explanations are intended to make it easier for the reader to understand the statistical data. Opinions delivered by the committees may be of various kinds: they may concern draft Commission legislative acts (directives, regulations), decisions designed to regulate a specific legal situation or to approve financial projects in the context of any of the many Community programmes, or just position statements (which explains why the total number of favourable opinions may be greater than the total number of legal acts adopted in a specific sector). Consequently, the implementing measures adopted by the Commission reflect these categories.

In the event of a favourable opinion , the rule is that the Commission adopts the implementing measure; under the management procedure it may also adopt an implementing measure in the absence of an opinion (shown in the row ‘no opinion’, although a formal vote has taken place[2]). Only if there is an unfavourable opinion is the decision referred to the Council as the “appeal body”, which then has the power to decide ( referrals to the Council). Under the regulatory procedure , the Council is also consulted if there is ‘no opinion’.

In Table IV (summary) of the Report, only the two categories of favourable opinions and unfavourable opinions appear as a single total figure under “Opinions”. Cases of “no opinions” (or “absence of opinions”), i.e., where a formal vote took place but the necessary (qualified) majority was not reached, are not included in the figures.

A further source of difference between the total number of favourable opinions delivered by committees and the number of implementing measures adopted by the Commission in a given sector occurs when opinions were delivered in 2004 but the instruments were only adopted the following year (2005), or opinions were adopted at the end of 2005 and instruments adopted only in 2006.

In certain cases committees are required to deliver opinions on dossiers which will not be the subject of a draft implementing measure until some time later. Hence, there may be considerable discrepancies between the total number of opinions and the number of implementing measures adopted by the Commission.

A number of committees had no activity at all in the reporting year. This is indicated by the figure “0” in all rows. It is possible, however, that a committee did not meet at all in the reporting year, but delivered formal opinions. These opinions have been voted on by written procedure, in accordance with the Rules of procedure of the committee.

2. Horizontal figures: Number of committees by procedure and number of meetings

The comitology committees can be classified according to the type of procedure under which they operate (advisory procedure, management procedure, regulatory procedure, and safeguard procedure - see Table III ). Since certain committees apply multiple procedures (ranging from the advisory procedure to the regulatory procedure, plus the safeguard procedure), they have been singled out from committees operating under a single procedure.

TABLE III – NUMBER OF COMMITTEES BY PROCEDURE (2005)

Type of procedure | Committees operating under several procedures |

Advisory | Management | Regulatory | Safeguard |

ENTR | 6 | 4 | 17 | - | 5 |

EMPL | 1 | - | 3 | - | 2 |

AGRI | - | 23 | 4 | - | 4 |

TREN | 7 | 1 | 22 | - | 8 |

ENV | 3 | 4 | 21 | - | 4 |

RTD | - | 2 | - | - | 1 |

INFSO | - | 4 | 2 | - | 4 |

FISH | - | 1 | - | - | 2 |

MARKT | 1 | 2 | 7 | - | - |

REGIO | - | 1 | - | - | 1 |

TAXUD | 1 | 4 | 3 | - | 2 |

EAC | - | - | - | - | 7 |

SANCO | 2 | - | 8 | - | 5 |

JLS | 5 | 1 | 2 | - | 5 |

RELEX | 1 | 1 | - | - | 1 |

TRADE | 2 | 3 | 3 | 1 | 3 |

ELARG | - | 2 | - | 1 | - |

AIDCO (incl. DEV) | - | 5 | - | - | 3 |

ECHO | - | - | - | - | 1 |

ESTAT | - | 3 | 3 | - | 2 |

BUDG | 1 | - | 1 | - | - |

OLAF | - | - | 1 | - | - |

TOTAL | 30 | 61 | 97 | 2 | 60 |

The figures indicate that about 40% of the committees (97 out of 250) work exclusively under the regulatory procedure, followed by a smaller number of committees working exclusively under the management procedure (61). The breakdown by policy sector shows that use of the three types of procedures varies from policy sector to policy sector. However, in some of the policy sectors, a clear dominance of one of the procedures can be noted: the Transport/Energy, Environment and Enterprise sectors, for instance, work with a large number of committees under the regulatory procedure, whereas Agriculture works with a large number of committees under the management procedure. In line with the above-mentioned policy of limiting the increase in the overall number of committees as far as possible, the Commission applies the practice of using existing committees for new comitology procedures.

TABLE IV – NUMBER OF MEETINGS

The number of committees is not the only indicator of activity at comitology level. The number of meetings held in 2005 reflects the intensity of work in general, at sector level and in individual committees ( Table IV ).

2004 | 2005 | 2004 | 2005 |

ENTR | 55 | 48 | EAC | 28 | 12 |

EMPL | 10 | 9 | SANCO | 111 | 114 |

AGRI | 344 | 308 | JLS | 26 | 31 |

TREN | 51 | 61 | RELEX | 5 | 2 |

ENV | 64 | 59 | TRADE | 21 | 26 |

RTD | 59 | 45 | ELARG | 6 | 10 |

INFSO | 31 | 31 | AIDCO | 38 | 23 |

FISH | 22 | 19 | ECHO | 11 | 10 |

MARKT | 40 | 24 | ESTAT | 15 | 16 |

REGIO | 11 | 8 | BUDG | 6 | 5 |

TAXUD | 103 | 94 | OLAF | 2 | 3 |

As in 2005, Agriculture leads the field (with 308 meetings), since managing the different agricultural markets requires frequent meetings. Agriculture is followed by Health and Consumer Protection (with 114 meetings) and Taxation and Customs Union (with 94 meetings) and a group of other sectors, such as Transport/Energy, Environment, Enterprise and Research , where the number of meetings is in the range of 45 to 61.

DETAILED INFORMATION FOR ENTERPRISE

Committee |No of meetings |No of days |Procedure |Favourable opinions |Unfavourable opinions |No opinion(absence of opinion) |Instruments adopted by the Commission |Referred to Council |Cases in which EP has adopted a resolution pursuant to Art. 8 of Council Decision 1999/468/EEC | |(1) Advisory Committee on standardisation in the field of information technology (SOGITS) |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(2) Advisory Committee on the approximation of the laws of the Member States relating to machinery |1 |1 |Advisory |1 |0 |0 |1 |0 |0 | |(3) Committee on the approximation of the laws of the Member States relating to medical devices |0 |0 |Several: Advisory, Regulatory |1 |0 |0 |1 |0 |0 | |(4) Committee for harmonisation of national regulations relating to cableway installations designed to carry persons |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(5) Committee for the adaptation to technical progress of legislation on the removal of technical barriers to trade in agricultural and forestry tractors |1 |1 |Regulatory |1 |0 |0 |1 |0 |0 | |(6) Committee for the adaptation to technical progress of legislation on the removal of technical barriers to trade in detergents (CATP-DETERGENTS) |1 |1 |Regulatory |1 |0 |0 |1 |0 |0 | |(7) Committee for the adaptation to technical progress of legislation on the removal of technical barriers to trade in fertilisers (CATP-FERTILISERS) |1 |1 |Regulatory |1 |0 |0 |1 |0 |0 | |(8) Committee for the adaptation to technical progress of legislation on the removal of technical barriers to trade in motor vehicles and their trailers |3 |3 |Regulatory |15 |0 |0 |15 |0 |0 | |(9) Committee for the adaptation to technical progress of legislation to remove technical barriers to trade in aerosol dispensers (CATP/AEROSOLS) |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(10) Committee for the adaptation to technical progress of legislation to remove technical barriers to trade in electro-medical equipment used in human or veterinary medicine |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(11) Committee for the adaptation to technical progress of legislation to remove technical barriers to trade in measuring instruments |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(12) Committee for the adaptation to technical progress of legislation to remove technical barriers to trade in pressure vessels |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(13) Committee for the adaptation to technical progress of the directives on the removal of technical barriers to trade in colouring matters which may be added to medicinal products |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(14) Committee for the adaptation to technical progress of the directives on the removal of technical barriers to trade in cosmetic products (CATP/COSM) |4 |2 |Regulatory |6 |0 |0 |4 |0 |0 | |(15) Committee for the harmonisation of national legislation relating to recreational craft |2 |1.5 |Several; Regulatory, Advisory |0 |0 |0 |0 |0 |0 | |(16) Committee on directives relating to textile names and labelling |1 |.5 |Regulatory |2 |0 |0 |2 |0 |0 | |(17) Committee on drug precursors |4 |5 |Management |1 |0 |0 |1 |0 |0 | |(18) Committee on the adaptation to technical progress of the directives for the elimination of technical barriers to trade in dangerous substances and preparations |1 |.5 |Regulatory |1 |0 |0 |1 |0 |0 | |(19) Committee on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (EXPLOSIVES) |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(20) Management Committee for the fourth multiannual programme for small and medium-sized enterprises in the European Union (2001-2006) (SMEs) |3 |3 |Management |6 |0 |0 |6 |0 |0 | |(21) Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I |6 |6 |Management |9 |0 |0 |9 |0 |0 | |(22) Committee for the execution of the specific programme for research, technological development and demonstration: "Structuring the European Research Area" (2002-2006) - research and innovation ” (committee counted under RESEARCH, see there list N° 1) |3 |3 |Management |11 |0 |0 |0 |0 |0 | |(23) Standing Committee on approximation of the laws relating to construction products |2 |2 |Regulatory |3 |0 |0 |3 |0 |0 | |(24) Standing Committee on medicinal products for human use |2 |1.5 |Regulatory |2 |0 |0 |2 |0 |0 | |(25) Standing Committee on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (ATEX) |2 |2 |Advisory |0 |0 |0 |0 |0 |0 | |(26) Standing Committee on the approximation of the laws of the Member States concerning pressure equipment |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(27) Lifts Committee |1 |1 |Advisory |1 |0 |0 |0 |0 |0 | |(28) Standing Committee on veterinary medicinal products |2 |2 |Regulatory |2 |0 |1 |2 |0 |0 | |(29) Telecommunications Conformity Assessment and Market Surveillance Committee (TCAM) |2 |4 |Several: Advisory, Regulatory |1 |0 |0 |1 |0 |0 | | (30) Pan-European eGovernment Services Committee (PEGSO) |4 |4 |Management |2 |0 |0 |2 |0 |0 | |(31) Measuring instruments Committee |0 |0 |Several: Advisory, Regulatory |0 |0 |0 |0 |0 |0 | |(32) Committee on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors |2 |3 |Several: Advisory, Regulatory |2 |0 |0 |2 |0 |0 | |(33) Committee for approximation of the laws of Member States relating to measures against emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |TOTAL: |48 |48 | |69 |0 |1 |55 |0 |0 | |The 32 committees in this policy sector have delivered a total of 69 opinions, giving rise to 55 implementing measures.

Newly created (or transferred) committee(s) :

- Pan-European eGovernment Services Committee (PEGSO) Basic legal act: Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC)

- Measuring Instruments Committee Basic legal act: Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments, Article 15 – the committee has not yet been convened; a first meeting is planned for the second half 2006

- Committee on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors The committee was transferred from ENVIRONMENT in 2005

- Committee for approximation of the laws of Member States relating to measures against emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery The committee was transferred from ENVIRONMENT in 2005

Abolished (or transferred) committee(s) :

- Committee on implementation of projects, actions and measures to ensure interoperability of trans-European networks for telematic data interchange between administrations (IDA II-TAC) Basic legal act: Decision 1719/1999/EC, as amended by Decision 2046/2002/EC and Decision 1720/1999/EC, as amended by Decision 2045/2002/EC

Specification of the unfavourable or absence of opinions :

- Standing Committee on veterinary medicinal products Draft measure concerned: Draft Commission Decision concerning the placing on the market, under Article 35 of Directive 2001/82/EC of the European Parliament and of the Council, of the veterinary medicinal products which contain the active substance "tilmicosin"Related basic legal act: Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products, and in particular Article 38(1) thereof (OJ L 311, 28/11/2001, p 1. Directive as last amended by Directive 2004/28/EC)Date of vote: 10/05/2005Result of vote: No opinion, the file was sent back to the European Medicines Agency (EMEA) for further examination as new data was provided by the applicant in relation with the subject of the referral

DETAILED INFORMATION FOR EMPLOYMENT

DETAILED INFORMATION FOR AGRICULTURE

Newly created (or transferred) committee(s) :

- Management committee for olive oil and table olives Basic legal act: Regulation (EC) No 865/2004, Article 18

- Rural Development committee Basic legal act: Regulation (EC) No 1698/2005, Article 90

- Committee on the Agricultural Funds Basic legal act: Regulation (EC) No 1290/2005, Article 41

Abolished (or transferred) committee(s) :

- Management Committee for dried fodder

- Management Committee for oils and fats

Cases of absence of opinions:

The 160 cases of absence of opinion occurred mainly in the following market sectors:

- 76 in the cereals sector ;

- 56 in the milk sector ;

- 7 in the sugar sector; and

- 5 in the beef sector.

The Commission adopted the draft decisions in all cases as submitted to the different committees.

DETAILED INFORMATION FOR TRANSPORT AND ENERGY

Committee |No of meetings |No of days |Procedure |Favourable opinions |Unfavourable opinions |No opinion |Measures adopted by the Commission |Referred to the Council |Cases in which the EP has adopted a resolution pursuant to ART. 8 of Council Decision 1999/468/EC | |(1) Advisory Committee for the technical adaptation of the Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(2) Advisory Committee on application of the legislation on access for Community air carriers to intra-Community air routes |4 |4 |Several: Advisory, Safeguard |5 |0 |0 |5 |0 |0 | |(3) Advisory Committee on measures taken in the event of a crisis in the market in the carriage of goods by road and for laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (cabotage) |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(4) Advisory Committee on the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (cabotage) |0 |0 |Several: Advisory, Safeguard |0 |0 |0 |0 |0 |0 | |(5) Advisory Committee on unfair pricing practices in maritime transport |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(6) Combined heat and power Committee |2 |2 |Regulatory |0 |0 |0 |0 |0 |0 | |(7) Electronic road tolls Committee |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(8) Committee for the implementation of the multi-annual framework programme for action in the energy sector (Intelligent Energy for Europe, 2003-2006) |1 |1 |Management |2 |0 |0 |2 |0 |0 | |(9) Committee on application of the legislation on ship inspection and survey organisations and the relevant activities of maritime administrations |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(10) Committee for the implementation of the distribution and management of authorisations for heavy trucks of the Community circulating in Switzerland |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(11) Committee for the adaptation to technical progress on the possible adoption of a harmonised method of analysis of the risks concerning minimum safety requirements for tunnels in the trans-European road network |1 |1 |Regulatory |0 |0 |0 |0 |0 |0 | |(12) Committee for the harmonisation of national measures on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances |1 |1 |Regulatory |0 |0 |0 |0 |0 |0 | |(13) Committee for the establishment of conditions for the interoperability of the trans-European high-speed rail system |6 |11 |Regulatory |7 |0 |0 |5 |0 |0 | |(14) Committee for the implementation of common rules for the transport, distribution, provision and storage of natural gas |0 |0 |Several: Advisory, Regulatory |0 |0 |0 |0 |0 |0 | |(15) Committee for the application of legislation on conditions for access to the network for cross-border exchanges of electricity |0 |0 |Several: Advisory, Regulatory |0 |0 |0 |0 |0 |0 | |(16) Committee for the implementation of the series of guidelines for trans-European energy networks |1 |1 |Regulatory |0 |0 |0 |0 |0 |0 | |(17) Committee on adaptation of the legislation concerning reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway |1 |1 |Several: Advisory, Management, Regulatory |0 |0 |0 |0 |0 |0 | |(18) Committee on application of the legislation concerning the definition and use of compatible technical specifications for the procurement of air traffic management equipment and systems |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(19) Committee on application of the legislation on access to the groundhandling market at Community airports |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(20) Committee on application of the legislation on enhancing ship and port facility security |6 |6 |Regulatory |0 |0 |0 |0 |0 |0 | |(21) Committee on application of the legislation on harmonisation of technical requirements and administrative procedures in the field of civil aviation |3 |3 |Regulatory |1 |0 |0 |0 |0 |0 | |(22) Committee on application of the legislation on tonnage measurement of ballast spaces in segregated ballast oil tankers (SBT) |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(23) Committee on application of the legislation on harmonisation of technical requirements and administrative procedures in the field of civil aviation security |8 |11 |Regulatory |4 |0 |0 |4 |0 |0 | |(24) Committee on driving licences |3 |4 |Regulatory |0 |0 |0 |0 |0 |0 | |(25) Committee on Energy Demand Management (Directive 2002/91/EC on the energy performance of buildings) |1 |1 |Regulatory |0 |0 |0 |0 |0 |0 | |(26) Committee on Safe Seas and prevention of pollution from ships |4 |4 |Regulatory |0 |0 |0 |0 |0 |0 | |(27) Committee on tachographs (CATP) |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(28) Committee on the transport of dangerous goods |2 |2 |Regulatory |2 |0 |0 |2 |0 |0 | |(29) Committee overseeing the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(30) Community/Switzerland Transport Committee (rail and road) |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(31) Developing European Railways Committee |2 |2 |Several: Advisory, Regulatory |0 |0 |0 |0 |0 |0 | |(32) EASA Committee (air safety) |2 |2 |Advisory |2 |0 |0 |2 |0 |0 | |(33) Committee on a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(34) Marco Polo Committee |1 |2 |Management |2 |0 |0 |2 |0 |0 | |(35) Single Sky Committee (SSC) |9 |9 |Several: Advisory, Regulatory |12 |0 |0 |9 |0 |0 | |(36) Technical Adaptation Committee on Roadworthiness Testing |1 |1 |Several: Advisory, Regulatory |0 |0 |0 |0 |0 |0 | |(37) TEN-Financial Assistance Committee* |- |- |- |- |- |- |- |- |- | | >> TEN-Energy Financial Assistance Committee |1 |1 |Regulatory |0 |0 |0 |0 |0 |0 | | >> TEN-Transport Financial Assistance Committee |1 |2 |Regulatory |1 |0 |0 |1 |0 |0 | |(38) Transport infrastructure charging |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |TOTAL: |61 |72 | |36 |0 |0 |32 |0 |0 | |The 38 committees in this policy sector have delivered a total of 36 opinions, giving rise to 32 implementing measures.

Merged committee(s) :

- In accordance with Directive 2002/84/EC, the tasks of the Committee on the application of the legislation on the minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods have been assigned to the Committee on safe seas and prevention of pollution from ships (COSS) , which remains the name of the merged committee.

DETAILED INFORMATION FOR ENVIRONMENT

Committee |No of meetings |No of days |Procedure |Favourable opinions |Unfavourable opinions |No opinion |Measures adopted by the Commission |Referred to the Council |Cases in which the EP has adopted a resolution pursuant to ART. 8 of Council Decision 1999/468/EC | |(1) Advisory Committee for implementation of the directive on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations |0 |0 |Advisory |0 |0 |0 |0 |0 |0 | |(2) Committee for application of the regulation authorising voluntary participation by undertakings in the industrial sector in a Community eco-management and audit scheme (EMAS) |2 |4 |Regulatory |1 |0 |0 |1 |0 |0 | |(3) Committee for implementation of the directive on integrated pollution prevention and control (IPPC) |3 |3 |Regulatory |0 |0 |0 |0 |0 |0 | |(4) Committee for implementation of the directive on packaging and packaging waste |2 |2 |Regulatory |2 |0 |0 |1 |0 |0 | |(5) Committee for implementing the Community action programme in the field of civil protection (CPC) (2000-2004) |3 |6 |Management |3 |0 |0 |3 |0 |0 | |(6) Committee for implementing the directive establishing a Community policy regarding water |3 |3 |Regulatory |1 |0 |0 |1 |0 |0 | |(7) Committee for the adaptation to scientific and technical progress and implementation of the directive on protection of waters against pollution caused by nitrates from agricultural sources |3 |3 |Regulatory |2 |0 |0 |2 |0 |0 | |(8) Committee for the adaptation to scientific and technical progress and implementation of the directive on the incineration of hazardous waste |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(9) Committee for the adaptation to scientific and technical progress and implementation of the directive on urban waste water treatment |1 |1 |Regulatory |0 |0 |0 |0 |0 |0 | |(10) Committee for the adaptation to scientific and technical progress and implementation of the directives on waste |8 |8 |Regulatory |3 |0 |2 |4 |2 |2 | |(11) Committee for the adaptation to scientific and technical progress of the directive on conservation of wild birds (ORNIS) |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(12) Committee for the adaptation to technical and scientific progress of the directive on the quality of water intended for human consumption |2 |1 |Management |0 |0 |0 |0 |0 |0 | |(13) Committee for the adaptation to technical progress and application of the Community award scheme for an eco-label (ECO-LABEL) |1 |1 |Regulatory |3 |0 |0 |3 |0 |0 | |(14) Committee for the adaptation to technical progress and implementation of the directive on the contained use of genetically modified micro-organisms |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(15) Committee for the adaptation to technical progress and implementation of the directive on the deliberate release into the environment of genetically modified organisms |3 |3 |Regulatory |0 |0 |3 |3 |2 |0 | |(16) Committee for the adaptation to technical progress and implementation of the regulation on the evaluation and control of the risks of existing substances |0 |0 |Regulatory |2 |0 |0 |0 |0 |0 | |(17) Committee for the adaptation to technical progress of legislation to remove technical barriers to trade in dangerous substances and preparations |2 |1 |Regulatory |2 |0 |0 |2 |0 |0 | |(18) Committee for the adaptation to technical progress of the directive on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution from terminals to service stations (VOC) |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(19) Committee for the adaptation to technical progress of the directive on the quality of bathing water |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(20) Committee for the application of the directive relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | |(21) Committee for the protection of species of wild fauna and flora by regulating trade therein (CITES) |5 |5 |Regulatory |2 |0 |0 |1 |0 |0 | |(22) Committee on implementing legislation on ambient air quality assessment and management |1 |1 |Regulatory |0 |0 |0 |0 |0 |0 | |(23) Committee on Marine Pollution |1 |3 |Management |2 |0 |0 |1 |0 |0 | |(24) Committee on the conservation of natural habitats and of wild fauna and flora (HABITAT) |3 |3 |Regulatory |1 |0 |0 |1 |0 |0 | |(25) Committee on the financial instrument for the environment (LIFE) |1 |1 |Management |2 |0 |0 |2 |0 |0 | |(26) Climate Change Committee |4 |4 |Regulatory |5 |0 |0 |9 |0 |0 | |(27) Management Committee for application of the directive on the standardisation and rationalisation of reports on the implementation of certain directives relating to the environment |3 |3 |Management |3 |0 |0 |3 |0 |0 | |(28) Management Committee to monitor production and consumption of substances that deplete the ozone layer (SDO) |4 |7 |Management |13 |0 |2 |7 |0 |0 | |(29) Standing Committee for implementation of the directive concerning the placing of biocidal products on the market |2 |1 |Regulatory |2 |0 |0 |2 |0 |0 | |(30) Standing Committee for implementation of the directive on the control of major accidental hazards involving dangerous substances |2 |1 |Regulatory |1 |0 |0 |1 |0 |0 | |(31) Committee for Directive 2003/65/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes |0 |0 |Regulatory |0 |0 |0 |0 |0 |0 | | (32) Committee for the implementation of the Directive on Sulphur content in Marine Fuels |0 |0 |- |0 |0 |0 |0 |0 |0 | |TOTAL: |59 |65 | |50 |0 |7 |47 |4 |2 | |The 32 committees in this policy sector have delivered a total of 50 opinions, giving rise to 47 implementing measures.

Newly created (or transferred) committee(s) :

- Committee for the implementation of the Directive on sulphur content in marine fuels Basic legal act: Directive 2005/33/EC - This Committee replaces the Advisory committee for implementation of the directive relating to a reduction in the sulphur content of certain liquid fuels - The new Committee did not meet in 2005

Abolished (or transferred) committee(s) :

- Committee for the implementation of the Community framework for cooperation to promote sustainable urban development (2001 – 2004) Basic legal act: Decision 2001/1411/EC - Expired December 2004

- Committee for the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery Basic legal act: Directive 1997/68/EC - the committee was transferred to ENTERPRISE at the end of 2004

- Committee on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors The committee was transferred to ENTERPRISE at the end of 2004

- Advisory Committee for implementation of the directive relating to a reduction in the sulphur content of certain liquid fuels Basic legal act: Directive 1999/32/EC - This committee is now replaced by the Regulatory Committee established by Directive 2005/33/EC (see newly created committees)

Unfavourable or absence of opinions :

- Committee for the adaptation to technical progress and implementation of the directive on the deliberate release into the environment of genetically modified organisms Draft measure concerned: Draft Commission Decision concerning the placing on the market of a maize product (Zea mais L., line 1507) genetically modified for resistance to certain lepidopteran pests and for tolerance to the herbicide glufosinate ammonium.Related basic legal act: Directive 2001/18/ECDate of vote: 17/05/2005Result of vote: No opinion, a qualified majority was not reached

- Committee for the adaptation to technical progress and implementation of the directive on the deliberate release into the environment of genetically modified organisms Draft measure concerned: Draft Commission Decision concerning the placing on the market of a maize product (Zea Mais L., hybrid MON 863 x MON 810) genetically modified for resistance to corn rootworm and certain lepidoteran pests of maizeRelated basic legal act: Directive 2001/18/ECDate of vote: 19/09/2005Result of vote: No opinion, a qualified majority was not reached

- Committee for the adaptation to technical progress and implementation of the directive on the deliberate release into the environment of genetically modified organisms Draft measure concerned: Draft Commission Decision concerning the placing on the market of the oilseed rape products Brassica Napus Ms8 and othersRelated basic legal act: Directive 2001/18/ECDate of vote: 05/12/2005Result of vote: No opinion, a qualified majority was not reached

- Committee for the adaptation to scientific and technical progress and implementation of the directives on waste Draft measure concerned: Amendment of Annex II to the End-of-Life Vehicles Directive (2000/53/EC)Related basic legal act: Directive 2000/53/ECDate of vote: 28/04/2005Result of vote: No opinion, a qualified majority was not reached

- Management Committee to monitor production and consumption of substances that deplete the ozone layer (SDO) Draft measure concerned: Draft Commission Decision for the rejection of requests concerning HCFCsRelated basic legal act: Regulation (EC) No 2037/2000Date of vote: 04/05/2005Result of vote: No opinion, a qualified majority was not reached

- Management Committee to monitor production and consumption of substances that deplete the ozone layer (SDO) Draft measure concerned: Draft Decision concerning the use of HCFCs in the construction of an LNG tankerRelated basic legal act: Regulation (EC) No 2037/2000Date of vote: 20/12/2005Result of vote: No opinion, a qualified majority was not reached

Cases referred to the Council :

- Committee for the adaptation to technical progress and implementation of the directive on the deliberate release into the environment of genetically modified organisms Draft measure concerned: Draft Commission Decision concerning the placing on the market of a maize product (Zea Mais L., line 1507) - (see above under absence of opinion)Related basic legal act: Directive 2001/18/ECDate of vote: 17/05/2005Result of vote: No opinion - qualified majority was not reachedFollow-up in the Council: The Council did not reach a qualified majority to act in favour or against the Commission’s proposal – The Commission adopted its initial draft decision on 3 November 2005 (Decision 2005/772/EC, OJ 291, 5/11/2005, p. 42)

- Committee for the adaptation to technical progress and implementation of the directive on the deliberate release into the environment of genetically modified organisms Draft measure concerned: Draft Commission Decision for the placing on the market of a maize product (Zea mais L., hybrid MON 863 x MON 810) - (see above under absence of opinion) Related basic legal act: Directive 2001/18/ECDate of vote: 19/09/2005Result of vote: No opinion - qualified majority was not reachedFollow-up in the Council: The Council did not reach a qualified majority to act in favour or against the Commission’s proposal – The Commission adopted its initial proposal on 16 January 2006 (Decision 2006/47/EC, OJ L 26, 31/01/2006, p. 17 )

- Committee for the adaptation to scientific and technical progress and implementation of the directives on waste Draft measure concerned: amendment to the Annex to the RoHS Directive (2002/95/EC) - Deca-BDE - (see above under absence of opinion)Related basic legal act: Directive 2002/95/ECDate of vote: 19/04/2005Result of vote: No opinion - qualified majority was not reachedFollow-up in the Council: The Council did not reach a qualified majority to act in favour or against the Commission’s proposal – The Commission adopted its original proposal on 13 October 2005 (Decision 2005/717/EC, OJ L 271, 15/10/2005, p. 48 )

- Committee for the adaptation to scientific and technical progress and implementation of the directives on waste Draft measure concerned: amendment of Annex II of End-of-Life vehicles directive (2000/53/EC) - (see above under absence of opinion)Related basic legal act: Directive 2000/53/ECDate of voting: 28/04/2005Result of voting: No opinion - qualified majority was not reachedFollow up in Council: The Council adopted the Commission’s proposal by qualified majority on 20 September 2005 (Decision 2005/673/EC, OJ L 254, 30/09/2005, p. 69)

Resolutions adopted by the European Parliament :

- Committee for the adaptation to scientific and technical progress and implementation of the directives on waste Draft measure concerned: Draft Decision amending the Annex to the RoHS directive (2002/95/EC) - first packageRelated basic legal act: Directive 2002/95/ECDate of vote of the comitology committee: 16/03/2005Result of vote in the comitology committee: positive, a qualified majority was reachedDate of plenary session: 12/04/2005Reference of resolution in plenary session: B6 - 0218/2005Result of vote in plenary session: Adopted by show of hands (majority of the members)

- Committee for the adaptation to scientific and technical progress and implementation of the directives on waste Draft measure concerned: Draft Decision amending the Annex to the RoHS Directive (2002/95/EC) - Deca-BDE – (see also above under absence of opinions and cases referred to Council)Related basic legal act: Directive 2002/95/ECDate of vote of the comitology committee: 19/04/2005Result of vote in the comitology committee: No opinion, a qualified majority was not reached – referred to the CouncilDate of plenary session: 06/07/2005Reference of resolution in plenary session: B6 - 0392/2005Result of vote in plenary session: Adopted by show of hands (majority of the members)

Detailed information for RESEARCH

In accordance with the statements for the minutes of the (Competitiveness) Council meeting of 30/9/2002 concerning the operation of the Committee for the execution of the specific programme for research, technological development and demonstration: "Integrating and Strengthening the European Research Area" (2002-2006) and of the Committee for the execution of the specific programme for research, technological development and demonstration: "Structuring the European Research Area" (2002-2006) each meets in different configurations, according to the nature of the issues on the agenda to be discussed.

The configurations are as follows:

- Committee for the execution of the specific programme for research, technological development and demonstration: "Integrating and Strengthening the European Research Area" (2002-2006):

Horizontal configuration;

Life sciences, genomics and biotechnology for health;

Information society technologies;*

Nanotechnologies and nanosciences, knowledge-based multifunctional materials and new production processes and devices;

Aeronautics and space;

Food quality and safety;

Sustainable development, global change and ecosystems;

Citizens and governance in a knowledge-based society.

- Committee for the execution of the specific programme for research, technological development and demonstration: "Structuring the European Research Area" (2002-2006):

Horizontal configuration;

Research and innovation;*

Human resources and mobility;

Research infrastructures;

Science and society.

*The data in this table are aggregated for all configurations in each committee, with the exception of the configuration “Information society technologies” (data provided under “Detailed information for INFORMATION SOCIETY”) and of the configuration “Research and Innovation” (data provided under “Detailed information for ENTERPRISE POLICY”).

DETAILED INFORMATION FOR INFORMATION SOCIETY

Newly created (or transferred) committee(s) :

- Committee for the implementation of the training programme for professionals in the European audiovisual programme industry and of the programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA-formation / MEDIA Plus) (2001-2005) Transferred in 2005 from EDUCATION AND CULTURE

- Committee for the implementation of a multiannual community programme to make digital content in Europe more accessible, usable and exploitable (eContentPlus, 2005-2008) Basic legal act: Decision N° 456/2005/EC of the European Parliament and of the Council of 9 March 2005 establishing a multiannual Community programme to make digital content in Europe more accessible, usable and exploitable, OJ L 79 of 24.3.2005, p. 1.

- Committee for the implementation of a multiannual community programme to promote safer use of the Internet and new online technologies (Safer Internet Plus, 2005-2008) Basic legal act: Decision N° 4854/2005/EC of the European Parliament and of the Council of 11 May 2005 establishing a multiannual Community programme on promoting safer use of the Internet and new online technologies, OJ L 149 of 11.6.2005, p. 1.

Abolished (or transferred) committee(s) :

- Committee for the implementation of a multiannual Community programme to stimulate the development and use of European digital content on the global networks and to promote linguistic diversity in the information society (eContent, 2001-2005) Basic legal act: Expired on 21.01.2005 because linked to the duration of the respective multiannual programme which lasted 4 years (from 2001 to 2005), followed up by eContentPlus Committee

- Committee for the implementation of a Multiannual Community Action Plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (1999- 2004). Basic legal act: Expired on 31.12.2004 because linked to the duration of the respective multiannual programme which lasted 6 years (from 1999 to 2004), followed up by Safer Internet Plus Management Committee

DETAILED INFORMATION FOR FISHERIES

DETAILED INFORMATION FOR INTERNAL MARKET

Abolished (or transferred) committee :

- UCITS (Undertakings for Collective Investment in Transferable Securities) ContactCommittee - tasks were transferred to the European Securities Committee (ESC)

DETAILED INFORMATION FOR REGIONAL POLICY

DETAILED INFORMATION FOR TAXATION AND CUSTOMS UNION

DETAILED INFORMATION FOR EDUCATION AND CULTURE

Abolished committees :

- MEDIA Plus (2001-2005) Committee Transferred to INFORMATION SOCIETY in 2005

- Advisory Committee for the European year of Education through Sport 2004

DETAILED INFORMATION FOR HEALTH AND CONSUMER PROTECTION

Newly created committees :

- Consumer Protection Cooperation Committee Basic legal act: Regulation (EC) No 2006/2004 of the European Parliament and the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, OJ L 364, 9/12/2004, p. 1.

- Tissues and Cells Committee Basic legal act: Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells, OJ L 102, 7/4/2004, p. 48.

Cases referred to the Council:

- Standing Committee on plant health (SCPH) Draft measure concerned: Draft Commission Directive amending Annex IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.Related basic legal act: Council Directive 2000/29/EC (in particular point d), second paragraph of Article 14)Date of vote: 21/01/2005Result of vote: No opinion - (94 votes for, 215 votes against and 12 abstentions) Follow-up in the Council: Adopted by the Council (see Council Directive 2005/15/EC of 28/2/2005, OJ L 56, 2/3/2005, p.12)

- Standing Committee on seeds and propagating material for agriculture, horticulture and forestry (SCS) Draft measure concerned: Draft Commission Decision concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 entered in the Common Catalogue of varieties of agricultural species, pursuant to Directive 2002/53/ECRelated basic legal act: Council Directive 2002/53/ECDate of vote: 20/07/2005Result of vote: No opinionFollow-up in the Council: Submitted to the Council on 30/08/2005; no qualified majority reached within 3 months; the Commission adopted its initial draft Decision on 10/01/2006 (Decision 2006/10/EC, OJ L 007, 12/01/2006, p. 27)

- Standing Committee on the Food Chain and Animal Health - Section: Genetically Modified Food & Feed and Environmental Risk Draft measure concerned: Draft Commission Decision authorising the placing on the market of foods and foods ingredients produced from genetically modified maize line GA21 as novel foods or novel food ingredients under Regulation (EC) No 258/97 of the European Parliament and of the CouncilRelated basic legal act: Regulation (EC) N 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (Article 7)Date of vote: 27/04/2005Result of vote: No opinionFollow-up in the Council: No qualified majority reached within 3 months – The Commission adopted its initial draft Decision (Commission Decision 2006/69/EC of 13 January 2006, OJ L 034, 7/2/2006, p. 29)

- Standing Committee on the Food Chain and Animal Health - Section: Genetically Modified Food & Feed and Environmental Risk Draft measure concerned: Draft Commission Decision authorising the placing on the market of foods and foods ingredients derived from genetically modified insect-protected maize line MON 863 as novel foods or novel food ingredients under Regulation (EC) No 258/97 of the European Parliament and of the CouncilRelated basic legal act: Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (Article 7)Date of vote: 19/05/2005Result of vote: No opinionFollow-up in the Council: No qualified majority reached within 3 months – The Commission adopted its initial draft Decision (Commission Decision 2006/68/EC of 13 January 2006 OJ L 034 , 7/2/2006, p. 26 )

- Standing Committee on the Food Chain and Animal Health - Section: Genetically Modified Food & Feed and Environmental Risk Draft measure concerned: Draft Commission Decision concerning authorisation for the placing on the market food containing, consisting of, or produced from genetically modified maize line 1507 under Regulation (EC) No 1829/2003 of the European Parliament and of the CouncilRelated basic legal act: Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (Article 7)Date of vote: 03/06/2005Result of vote: No opinionFollow-up in the Council: No qualified majority reached within 3 months – The Commission adopted its initial draft Decision (Commission Decision 2006/197/EC of 3 March 2006, OJ L 070, 9/3/2006, p. 82)

DETAILED INFORMATION FOR JUSTICE, FREEDOM AND SECURITY

Newly created (or transferred) committee(s) :

- Crime Victims Committee Basic legal act: Article 15 of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, OJ L 261, 6.8.2004, p. 15.

- SIRENE Manual Committee Basic legal act: Council Regulation (EC) No 378/2004 of 19 February 2004 on procedures for amending the Sirene Manual (OJ L 64, 2.3.2004, p. 5) and Council Decision 2004/201/JHA of 19 February 2004 on procedures for amending the Sirene Manual (OJ L 64, 2.3.2004, p. 45).

- Committee on the Protection of Personal Data Transferred from INTERNAL MARKET in 2005

Newly assigned procedure(s) to existing committees :

- ARGO Committee Procedure assigned: AdvisoryBasic legal act: Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States' Migration Management Services, OJ L 83, 1.4.2005, p. 48.

- Committee Brussels I Procedure assigned: AdvisoryBasic legal act: Article 32 of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims, OJ L 143, 30.4.2004, p. 15.

- SIS II Committee Procedure assigned: RegulatoryBasic legal act: Article 5 of Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS), OJ L 213, 15.6.2004, p. 5.

Detailed information for EXTERNAL RELATIONS

DETAILED INFORMATION FOR TRADE

Newly created (or transferred) committee(s) :

- Committee on Trade Retaliation Basic legal act: Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports for certain products originating in the United States of America, OJ L 110, 30.4.2005, p. 1.

DETAILED INFORMATION FOR ENLARGEMENT

Newly created (or transferred) committee:

- Committee for the implementation of Community Assistance to Reconstruction, Development & Stabilisation for Albania, Bosnia and Herzegovina, Croatia, Serbia and Montenegro (including province of Kosovo) and Fyrom (CARDS) Transferred in 2005 from EUROPEAID

DETAILED INFORMATION FOR EUROPEAID

Abolished (or transferred) committee :

Case referred to the Council:

- Committee on co-financing operations with European non-governmental organisations (NGOs) in fields of interest to the developing countries (NGO Committee) Draft measure concerned: Guidelines 2005Related basic legal act: Regulation (EC) No 1658/98 of 17 July 1998 on co-financing operations with non-governmental development organisations (NGOs) in fields of interest to the developing countries, OJ L 213, 30.7.98, p.1.Date of vote: 07/07/2005Result of vote: Unfavourable opinion – (qualified majority was reached against the Commission’s draft measure)Follow-up in the Council: Council Decision of 18 October 2005, Council document 13279/05 (not published in the OJ)

Detailed information for HUMANITARIAN AID

DETAILED INFORMATION FOR STATISTICS

Newly created (or transferred) committee(s) :

- Balance of Payments Committee (BOP) Basic legal act: Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment (Article 11), OJ L 35, 8.2.2005, p. 23.

Newly assigned procedure(s) to existing committees :

- Committee on statistics relating to the trading of goods between Member States Procedure assigned: RegulatoryBasic legal act: Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Member States and repealing Council Regulation (EEC) No 3330/91, OJ L 102, 7.04.2004, p. 1.

Unfavourable or absence of opinions :

Case referred to the Council :

- Statistical Programme Committee (SPC) Draft measure concerned: Draft Commission Regulation (EC) laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards the temporal coverage of price collection in the harmonised index of consumer prices - (see above under absence of opinion) Related basic legal act: Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (OJ L 257, 27.10.1995, p.1)Date of vote: 25/05/2005Result of vote: The required qualified majority was not achieved - (217 in favour, 65 against, 39 abstentions)Follow-up in the Council: Adoption of Council Regulation (EC) No 701/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards the temporal coverage of price collection in the harmonised index of consumer prices, at the Council meeting of 25 April 2006, OJ L 122 of 9.5.2006, p. 3.

DETAILED INFORMATION FOR BUDGET

DETAILED INFORMATION FOR ANTI-FRAUD OFFICE

[1] Comments are made sector by sector, but only if relevant; they concern newly created (or transferred) and abolished committees and procedures (marked in the lists in italics ), as well as votes which result in disagreement with the Commission’s draft measure, leading to unfavourable or “no opinions”.

[2] This situation occurs where the necessary quorum is not reached either for a favourable or for an unfavourable opinion .

* The TEN Financial Assistance Committee (with its two sections) is listed and counted as one committee (in the previous report, the two sections were counted as one committee each). This reduces the overall number of committees in the policy field compared with the previous reporting year (2004) from 40 to 39.

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