TRANSPARENCY AS A PUBLIC POLICY - FLEP · 2 Transparency as a public policy principle in the...

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TRANSPARENCY AS A PUBLIC POLICY PRINCIPLE IN THE NETHERLANDS

HANNEKE HEUKERS

Director: Legal DepartmentMinistry of Agriculture, Nature and Food QualityThe Netherlands

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Transparency as a public policyprinciple in the Netherlands

• Government and transparency, worldwideand in the European Union

• Principles of Dutch government policy ontransparency

• How is transparency beingapplied in the field of foodquality in the Netherlands?

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Characteristics of open government(OECD)

• Transparency

• Accessibility

• Responsiveness

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• A modern and open government needsto facilitate citizensin making decisions

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European Union and transparency

• Article 255 EC Treaty• Transparency Regulation• Treaty establishing a Constitution for

Europe

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Constitution of the Kingdom of the Netherlands (Article 110)

“In the exercise of their duties governmentbodies shall observe the right to public access to information in accordance withrules to be prescribed by Act of Parliament.”

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Transparency in the Netherlands

• Public Access Act• Transparency policy• Programme ‘A Different Administration’• Transparency in the sphere of supervision

and control

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Example: Inspectorate of Education

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Example: Health Inspectorate

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Report ‘Transparency of Supervision’(December 2006)

Supervising authorities should provideinformation about their activities

(1)Opportunity for the public to make a better choice

(2)Companies and institutions are beingmotivated to improve their achievements

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Ministry of Agriculture, Nature and Food Quality

• Publication of CAP subsidies

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Ministry of Agriculture, Nature and Food Quality

• What type of information?

• Should the information begiven on request?

• Legal limitations?• Active publication?

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Transparency in the field of foodquality

• ‘Story behind the product’

• Properties of the product

• Way in which the product has been manufactured

• Production process

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Transparency in relation to inspectionauthorities

• Methods and themes of inspection

• Policy regarding orders and sanctions

• Risk communication• Access to inspection

results• In general• By name

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Main purpose of the publication of VWA inspection results

• More transparencyfor the parties in the food productionchain, including the consumer, to allowthem to make aninformed choice

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Publication of VWA inspection results: the policy making process

• Interests of all partieshave been considered

• Inquiry• Discussions with

stakeholders• Consumers: 89 % in

favour• Visits to Denmark and

UK• Parliamentary consent

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Publication of VWA inspection results

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Legal aspects

• Control Regulation• General Food Law• Residue Regulation• Århus Treaty• Discussion among

lawyers

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Publication of VWA inspection results: policy framework

• Data shall be published irrespective of being positive or negative

• No mention of sanctions• No inequality• Context information• Due care• Adequate legal protection

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Legal basis, guarantees and protection

• Public Access Act• Policy rule• Companies have been

informed• Administrative decision

3 weeks beforepublication

• Objection and appeal• Companies may add

their comments

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