APPENDIX A

REVISED REPORT OF THE WORKING PARTY ON THE RULES OF PROCEDURE AND RELATED MATTERS

1. The Working Party met on 1st, 2nd and 3rd October 1964 under the Chairmanship of Mr. J.H.V. Davies (United Kingdom). The other members of the Working Party were:

Mr. N. Koenig (USA)
Mr. I.H. Smith (Australia)
Dr. Y.K. Subrahmanyam (India)
Mr. G. Weill (France)

The Working Party was assisted by Mr. J.V.A. Nehemiah (FAO) and by Mlle M.L. Barblé (WHO) and Mr. J.P. Dobbert (FAO), legal advisers.

TERMS OF REFERENCE

2. The Working Party was asked to consider, in the light of decisions taken at the Second Session of the Commission, an extract of the report of the FAO Committee on Constitutional and Legal Matters which dealt with the rules of procedure of the Commission (ALINORM 64/28)*, a Guide to the Preparation of Standards for the Codex (ALINORM 63/9)* and Appendix I to the Report of a Meeting of Countries of the European Region convened by the Co-ordinator for Europe (ALINORM 64 LIM/EURO.2)* and to make recommendations on any amendments of or additions to the rules of procedure and on any other matters as might appear necessary.

AMENDMENTS TO THE RULES OF PROCEDURE

3. The Working Party considered the comments on the present provisional rules of procedure contained in ALINORM 64/28. Its recommendations for amendment are contained in Appendix I to this report.

Rule IV.6

4. The Working Party considered that, in the present state of the Commission's development, there was a strong possibility of a large increase in membership without, for the time being, a corresponding increase in the number of Members attending the Sessions of the Commission. While it recognized the danger under the present rule that a small number of Members could deal with and decide important matters, it thought that, if a quorum of half the whole membership was required, there was a danger of the business of the Commission being seriously hampered. The Working Party therefore recommends that the quorum should consist of not less than 20% of the membership or not less than 25 Members whichever is the greater. This proposal will allow business to be conducted only when a reasonable number of Members are present and at the same time will provide automatically for an increase in the size of the quorum as the membership increases. It was understood that this provision would be reviewed as Membership of the Commission increases.

* See Appendix III to this Report.

5. The Working Party recognised that, as it was recommending that voting on matters concerning the amendment and adoption of draft standards for regions or groups of countries should be confined, by the provisions of Rule VI 3, to Members of the region or group of countries concerned present at a session of the Commission, it would be essential that the quorum necessary when such matters were discussed should include an element relating to the number of Members required from the region or group of countries concerned. The Working Party recommends therefore that there should be an additional provision requiring that the quorum shall include not less than a third of those Members.

6. The Working Party recommends that the proviso whereby a majority of the Members of the Commission form the quorum for the purpose of applying the present Rule XII.1 on the amendment of or addition to the Rules of Procedure should be maintained and that the same quorum should apply for the purpose of making recommendations for amendments to the Statutes of the Commission.

Rule VI.3

7. The Working Party recommends a new formulation of the Rule to make it clear:

1. that the application for the elaboration of a standard may be made in writing by the majority of the Members in a region or designated group of countries even if all the Members forming that majority do not attend the relevant session of the Commission;

2. that in the voting on the elaboration, amendment or adoption of a draft standard for a region or group of countries only Members belonging to that region or group of countries could take part;

3. that the elaboration or adoption of such a standard would not prejudice the elaboration or adoption of a corresponding standard of any different territorial scope.

Rule VI.5

8. The Working Party considered that the FAO Committee on Constitutional and Legal Matters was wrong in thinking that the cross-reference to paragraph 3 was made in error. The clarification of the voting procedure under paragraph 3, however, has made this cross-reference unnecessary and the Working Party recommends that it be deleted.

Rule VII.3

9. The Working Party considered that the reference to Rule IX was unnecessary and should be deleted in accordance with the advice of the FAO Committee on Constitutional and Legal Matters.

Rule IX.1

10. The Working Party thought that, in view of the comments of the FAO Committee on Constitutional and Legal Matters and the decision in principle taken by the Commission on ALINORM 64 LIM/EURO.2, it would be necessary to revise Rule IX.1(b)(2) to take account of the co-ordinating functions and functions in respect of the amendment of draft standards which it was proposed to assign to Advisory Groups.

In view of these changes the Working Party considered that the expression “Co-ordinating Committees” would more properly express the proposed functions of these subsidiary bodies than the expression “Advisory Groups”. At the same time, it seemed advisable to the Working Party not to define the functions of these bodies too restrictively in the Rules of Procedure since it might become necessary to assign other functions to them in the future which might be markedly different from those contemplated at present. The Working Party recommends the acceptance of the re-draft contained in Appendix I.

11. The Working Party draws the attention of the Commission to the advisability of amending the title and terms of reference of the Advisory Group for Europe, the only Advisory Group that has been set up by the Commission (see Paragraph 5 of the Report of the First Session of the Commission, ALINORM 63/12), in the light of the revised proposal for this paragraph of the Rules of Procedure and of the other recommendations of this report.

Rule X, 4 and 5 (Present Number)

12. The Working Party recommends the acceptance of the proposals of the FAO Committee on Constitutional and Legal Matters.

Rule XI, 1 (Present Number)

13. The Working Party recommends the acceptance of the proposals of the FAO Committee on Constitutional and Legal Matters.

Rule XI, 3 (Present Number)

14. The Working Party recommends that in this paragraph “Rule IX 1 (b) 1” should be amended to read “Rule IX 1 (b)”. The effect of this amendment would be to allow Co-ordinating Committees, if they so desired, to use only one of the Commission's working languages. The Working Party took the view that to insist that the provision of translating facilities in all three working languages of the Commission might severely hamper the work of the Co-ordinating Committees, particularly in regions where most of the Members were developing countries.

Rule XII.1 (Present Number)

15. The Working Party recommends the adoption of an amendment to this paragraph in the sense proposed by FAO Committee on Constitutional and Legal Matters.

MINOR AMENDMENTS

16. The Working Party recommends the adoption of the minor drafting amendments listed in Appendix I some of which have been suggested by the FAO Committee on Constitutional and Legal Matters and some by the Working Party itself.

NEW RULE

17. The Working Party considered that it was desirable that a new Rule should be added to the Rules of Procedure to make it clear that the Commission could, subject to the provisions of the Rules of Procedure themselves, lay down the steps to be taken by the Commission, its subsidiary bodies and other bodies assisting it in its work in the elaboration and final adoption of both world-wide standards and standards for regions and groups of countries. The Working Party thought that this was necessary because of the inevitable length and complexity of any procedure for the elaboration of standards and the need to have it clearly understood by all Members. A permissive or enabling clause, such as the one included in Appendix I, would give the Commission power to amend the procedure in the light of experience at any Session so that the amendments came in force immediately and would avoid the difficulties and delays in amending that would arise if the procedure for the elaboration of standards were to be an integral part of the Rules of Procedure themselves. The Working Party therefore recommends the inclusion of the new Rule contained in Appendix I and suggests it be placed after Rule IX as a new Rule X. The present Rules X to XIII would be renumbered accordingly.

PROCEDURE FOR THE ELABORATION OF WORLD-WIDE AND REGIONAL STANDARDS

18. The Working Party considered the formulations contained in ALINORM 63/9 and ALINORM 64 LIM/EURO.2 and concluded that they provided the correct basis for the procedure to be followed in the elaboration of standards. In drawing up a procedure for the consideration of the Commission, the Working Party's aim has been to make it as clear as possible, to set out in sufficient detail the necessary action to be taken at each stage and to make clear which body or person was responsible for taking each action. The proposed procedure is set out in Appendix II to this Report. The Working Party recommends that the Commission agree to this proposed procedure and give it its formal approval when this becomes possible by virtue of the coming into force of the proposed new Rule of Procedure.

19. In formulating its proposals the Working Party recognised that they would permit the simultaneous elaboration of standards in different regions for the same product. While there might be circumstances where such a development would be acceptable or indeed desirable it might lead to restraint of trade and the actual increase in the differences in the food laws of Member countries contrary to one of the aims of the Commission's work. The Working Party was of the opinion that this problem was not one that could or should be dealt with by any procedural device except in so far as the proposals in Appendix II provide for the circulation of all papers to all countries and for the full participation, apart from voting, of all Members in the debates on regional standards at the sessions of the Commission. The main safeguard against the possible difficulties described above must be the good sense and discretion of the Members of the Commission. The Working Party does consider, however, that the Commission should recognise that one of its functions must be the co-ordination and, where appropriate, the harmonization of the work on the elaboration of standards for regions or groups of countries in whatever part of the world it is carried out.

ALINORM 63/9, PARAGRAPHS 1–4

20. The Working Party understood that it was the intention of Sub-Committee I to recommend that the Secretariat prepare a draft statement on the purpose and scope of the Codex and the nature and type of standards to be included. The Working Party would like to recommend in the same sense. Such a statement would, of course, cover, among other things, the matter dealt with in the first four paragraphs of ALINORM 63/9.

A PROCEDURAL HANDBOOK

21. The Working Party finally recommends that the Statutes of the Commission, the statement mentioned in Paragraph 20 above, the revised Rules of Procedure and the Procedure for the elaboration of world-wide and regional standards contained in Appendix II should for the convenience of Members be available in a single document or handbook which should be revised and re-issued whenever necessary.

APPENDIX I

PROPOSED AMENDMENTS TO THE RULES OF PROCEDURE OF THE CODEX ALIMENTARIUS COMMISSION

Rule I - Membership

Paragraph 3

(Delete “(see Rule IV.4)”)

Rule II - Officers

Paragraph 4

(In sub-para. (c), substitute “set up under Rule IX.1(b).1” for “(see Rule IX.1(b).1)”)

(In sub-para. (d), substitute “a Co-ordinating Committee” for “an Advisory Group”).

Paragraph 6

(Delete “(See Rule X.3)”)

Rule IV - Sessions

Paragraph 6

The majority of the Members of the Commission shall constitute a quorum for the purposes of making recommendations for amendments to the Statutes of the Commission and of adopting amendments of, or additions to, the present Rules in accordance with Rule XIII.1. For all other purposes the majority of the Members of the Commission attending the session shall constitute a quorum, provided that such a majority shall be not less than 20 per cent. of the total membership of the Commission, nor less than 25 Members. In addition, in the case of amendment or adoption of a proposed standard for a given region or group of countries, the quorum of the Commission shall include one third of the Members belonging to the region or group of countries concerned.

Rule VI - Voting and Procedure

Paragraph 1

(Insert at the beginning of this paragraph “subject to the provisions of paragraph 3 of this Rule,”)

Paragraph 3

At the request of a majority of the countries constituting a given region or a group of countries specifically enumerated by the Commission that a Standard be elaborated, the Standard concerned shall be elaborated as a Standard primarily intended for that region or group of countries. When a vote is taken on the elaboration, amendment or adoption of a draft Standard primarily intended for a region or group of countries, only Members belonging to that region or group of countries may take part in the voting. The adoption of the Standard may, however, take place only after submission of the draft text to all Members of the Commission for comments. The provisions of this paragraph shall not prejudice the elaboration or adoption of a corresponding Standard with a different territorial scope.

Paragraph 4

Subject to the provisions of paragraph 5 of this Rule, any Member of the Commission may request a roll-call vote, in which case the vote of each Member shall be recorded.

Paragraph 5

Elections shall be decided by secret ballot, except that, where the number of candidates does not exceed the number of vacancies, the Chairman may submit to the Commission that the election be decided by clear general consent. Any other matter shall be decided by secret ballot if the Commission so determines.

Rule VII - Observers

Paragraph 3

Any Member of the Commission may attend as an observer the sessions of subsidiary bodies and may submit memoranda and participate without vote in the discussions.

Rule IX - Subsidiary Bodies

Paragraph 1

The Commission may establish the following types of subsidiary bodies:

1.                    

2. Subsidiary bodies in the form of:

   1.                    

   2. Co-ordinating Committees for regions or groups of countries which shall exercise general co-ordination in the preparation of standards relating to such regions or groups of countries and such other functions as may be entrusted to them.

Paragraph 2

Subject to paragraph 3 below, membership in these subsidiary bodies shall consist, as may be determined by the Commission, either of such Members of the Commission as have notified the Directors-General of FAO or WHO of their desire to be considered as Members thereof, or of selected Members designated by the Commission.

Paragraph 3

(Delete “(but see Rule VII.1)”)

Paragraph 6

(In sub-para.(c), substitute “Co-ordinating Committees” for “Advisory Groups” and “Co-ordinating Committee” for “Advisory Group”)

Paragraph 8

(Substitute “Members” for “Countries”)

Rule X - Elaboration of Standards (new Rule)

Subject to the provisions of these Rules of Procedure, the Commission may establish the procedures for the elaboration of world-wide Standards and of Standards for a given region or group of countries, and, when necessary, amend such procedures.

Rule XI - Expenses (formerly Rule X)

Paragraph 2

(Substitute “Members” for “Countries” and “Member” for “Country” and delete “(see Rule IX.8)”).

Paragraph 4

[ The Trust Fund shall be supported by voluntary annual contributions received through or with the approval of interested governments. No contribution from any one country shall exceed 20% of the annual budget of the Commission now shall any contribution be less than US$ 500 per year. Subject to these limits, the amount of contributions shall be agreed upon between the governments concerned and the Directors-General of FAO and WHO on the basis of each country's interest in the international food trade.]

Paragraph 5

[ The Directors-General of FAO and WHO shall prepare budget estimates to cover income and expenditures for the financial period to which they relate and submit such estimates to the Commission. The Commission shall examine and approve its budget each year. The expenditure estimates may include provision for such costs involved in preparatory work as would be recognized as operating expenses in accordance with the provisions of Article 9 of the Statutes. The Commission shall recommend to the Director-General of FAO whether unused sums remaining in the Trust Fund from the previous year's activities shall be carried over to the current year or be returned to contributors.]

Rule XII - Languages (formerly Rule XI)

Paragraph 1

Subject to the provisions of paragraph 3 below, the official and working languages of the Commission and of its subsidiary bodies shall be respectively the official and working languages of FAO and WHO.

Paragraph 3

The working languages of subsidiary bodies set up under Rule IX.1(b) shall include at least one of the working languages of the Commission.

Rule XIII - Amendment and Suspension of Rules (formerly Rule XII)

Paragraph 1

Amendments of or additions to these Rules may be adopted by a two-thirds majority of the votes cast, provided that 24 hours' notice of the proposal for the amendment or addition has been given. Amendments of or additions to these Rules shall come into force upon approval by the Directors-General of FAO and WHO, subject to such confirmation as may be prescribed by the procedures of the two Organizations

APPENDIX II

PROCEDURE FOR THE ELABORATION OF STANDARDS

Introduction

1. The sequence of the procedure set out in this Appendix is briefly as follows. The Commission decides that a standard should be elaborated and sets up an Expert Committee or entrusts the elaboration to some other body. The Expert Committee or other body produces a draft which at this stage is a proposed draft provisional standard. It is circulated to governments for comments and may be considered and further amended, in the case of a regional or group of countries proposal, by the appropriate Co-ordinating Committee if one exists or otherwise by the Expert Committee or other body. It is ultimately presented to the Commission as a proposed draft provisional standard and the Commission uses it as the basis for producing a draft provisional standard. This is sent to governments for comments and in the light of these comments, and after further consideration by the Co-ordinating Committee or Expert Committee or other body, as the case may be, the Commission reconsiders the draft and adopts it as a provisional standard. This is sent to governments for acceptance and when, as determined by the Commission, a sufficient number have accepted it, the provisional standard is printed in the Codex Alimentarius as a Standard.

2. It will be open to the Commission and to the Co-ordinating Committees, Expert Committees and other bodies dealing with the preparation, amendment or adoption of a standard at steps 4, 5, 7 and 8 of the procedures in Parts 1 and 2 of this Appendix to decide that the draft be returned for further work at any appropriate previous step in the procedure.

3. It will be open to the Commission at any stage in the elaboration of a Standard to entrust any of the remaining steps to an Expert Committee or other body different from that to which it was previously entrusted.

4. It will be for the Commission itself to keep under review the revision of standards after they have been printed in the Codex. The procedure for revision should, mutatis mutandis, be that laid down for the elaboration of standards.

5. The provisions set out in Part 2 of this Appendix apply mutatis mutandis to the elaboration of standards for groups of countries specifically enumerated by the Commission.

PART 1

PROCEDURE FOR THE ELABORATION OF WORLD-WIDE STANDARDS

PART 2

PROCEDURE FOR THE ELABORATION OF REGIONAL STANDARDS

* The meeting of the Co-ordinating Committee could take place immediately before or during the session of the Commission.

PART 3

SUMMARY OF STEPS INVOLVED

This summary is intended to present the procedure in a simple manner to assist the Members of the Commission. It is not part of the proposed procedure itself which is exclusively contained in paragraphs 2 to 5 of the introduction and in Parts 1 and 2 of this Appendix.

APPENDIX III

(ALINORM 64/28 June 1964)

RULES OF PROCEDURE OF THE CODEX ALIMENTARIUS COMMISSION
(Extract of Report of the Committee on Constitutional and Legal Matters)

5. A Joint FAO/WHO Codex Alimentarius Commission was established by Resolution No. 12/61 of the Eleventh Session of the FAO Conference and by action of the Sixteenth World Health Assembly.

6. Paragraph 7 of the Statutes of the Committee provides that “The Commission may adopt and amend its own rules of procedures, which shall come into force upon approval by the Directors-General of FAO and WHO, subject to such confirmation as may be prescribed by the procedures of these Organizations”.

7. The Codex Alimentarius Commission at its First Session held in Rome (June-July 1963) adopted Rules of Procedure for the Commission. These Rules of Procedure together with the comments of the Director-General thereon were submitted to the Twelfth Session of the FAO Conference (November 1963) in document C 63/47 Sup. 1.

8. The Twelfth Session of the Conference (December 1963) noted the comments of the Director-General with respect to the Rules of Procedure adopted by the Codex Alimentarius Commission, and agreed that these Rules of Procedure should be put into force on a provisional basis but decided that they be immediately referred, through the Council, to the Committee on Constitutional and Legal Matters for consideration in the light of the Director-General's comments referred to above.

9. Bearing in mind, however, the delays which would be occasioned by this review, the Conference decided that the Committee on Constitutional and Legal Matters be requested to present its comments and suggestions with respect to any changes to the Rules of Procedure which it might deem necessary directly to the Codex Alimentarius Commission prior to the Second Session of that Commission scheduled to be held in September 1964, so as to enable that Commission to take appropriate action, if necessary.

10. In compliance with this request, the Committee on Constitutional and Legal Matters is submitting the following comments.

Rule IV - Sessions

Paragraph 6

The quorum provided in this Rule is a departure from the standard system under which the required quorum is the majority of the Members of the body considered. It should be noted that under this Rule it would be possible for a decision to be taken even by a very small number of Members of the Commission. The Committee wished to draw the attention of the Commission to the implications of this Rule as regards the adoption of the Budget and decisions on other important questions.

Rule VI - Voting and Procedures

Paragraph 3

The present text is ambiguous and could be clarified.

Paragraph 5

In paragraph 5 a cross-reference is made to paragraph 3. The latter paragraph does not in any way deal with the question of secret ballots. The cross-reference was undoubtedly intended to paragraph 7.

Rule VII - Observers

Paragraph 3

This paragraph contains a reference to subsidiary bodies set up under Rule IX. Neither paragraph 1 nor paragraph 2 of Rule VII contain any reference to Rule IX and it would appear that the reference to Rule IX in paragraph 3 should be deleted or else the same reference to Rule IX be made in paragraph 1 and 2.

Rule IX - Subsidiary Bodies

Paragraph 1

Expert Committees may be established under Rule IX.1(b)(1) for a given region or group of countries. Similarly, under Rule IX.1(b)(2) Advisory Groups may also be establisehd for a given region or group of countries. Membership shall be open only to Members of the Commission. While the membership in these bodies may differ, the difference between the two bodies lies essentially in their function. It might be desirable, in the interest of clarity, to incorporate some further indication to this effect in the text.

Paragraph 2

This paragraph is ambiguous and could be further clarified.

Rule X - Expenses

Paragraph 4

It would seem preferable in the text of this Rule to make it clear that annual contributions are voluntary.

Paragraphs 4 and 5

Paragraph 4 of Rule X indicates that the budget is “determined” by the Directors-General of FAO and WHO while paragraph 5 of Rule X states that the Commission “approves” the budget. There appears to be some ambiguity as a result of the use of these two terms, which should be clarified, particularly as it is now proposed to amend Article 9 of the Commission's Statutes to increase the scope of the financial obligations of the Commission. Under the circumstances, it would appear essential to lay down clearly how any proposed expenditure is covered in the budget and who actually approves the budget. It is therefore suggested that the words between square brackets be delected from the second sentence of paragraph 4:

“No contribution from any one country shall exceed 20% of the annual budget of the Commission [as determined by the Directors-General of FAO and WHO], nor shall any contribution be less than US $ 500 per year”; and that paragraph 5 be redrafted as follows:

“The Directors-General of FAO and WHO shall prepare budget estimates to cover income and expenditures for the financial period to which they relate and submit such estimates to the Commission. The Commission shall examine and approve its budget each year. The expenditure estimates may include provision for such costs involved in preparatory work as would be recognized as operating expenses in accordance with the provisions of Article 9 of the Statutes. The Commission shall recommend to the Director-General of FAO whether unused sums remaining in the Trust Fund from the previous year's activities shall be carried over to the current year or be returned to contributors.”

Rule XI - Languages

Paragraph 3

This paragraph reads as follows:

“The working languages of subsidiary bodies set up under Rule IX.1(b).1 shall include at least one of the working languages of the Commission.”

This working leaves some doubt as to the working languages of the subsidiary bodies established under Rule IX.1(a) and Rule IX.1(b)(2). It is therefore suggested that paragraph 1 of that Rule be amended as follows:

“1. Subject to the provisions of paragraph 3 below, the official and working languages of the Commission and of its subsidiary bodies shall be respectively the official and working languages of FAO and WHO.”

Rule XII - Amendments and Suspension of Rules

Paragraph 1

This paragraph makes use of the term “present and voting” while Rule VI, paragraph 2, uses the term “votes cast”. The definition of “votes cast”, according to Rule XII.4(a) of the General Rules of FAO, is identical with that of the term “present and voting” as given in Rule 127 of the Rules of Procedure of the United Nations General Assembly. It is therefore suggested that in the interests of consistency the term “present and voting” in this paragraph should be replaced by “votes cast”.

11. In addition to the above comments on specific paragraphs of the Rules of Procedure, the Committee has noted that in several instances the term “countries” is used, which term should be replaced by either the term “Members” or “Nations” as appropriate.

12. In addition, in the French text the initials “FAO” should be changed to “OAA”.

( ALINORM 63/9
16 May 1963 )

GUIDE TO THE PREPARATION OF STANDARDS FOR THE CODEX
(Note submitted by the Secretariat for First Session of Codex Alimentarius Commission 25 June - 3 July 1963)

This short guide has been prepared to present in simplified form the proposals of the Joint FAO/WHO Conference on Food Standards held in Geneva, October 1962 (referred to here as the Geneva Conference) and to link them with the draft Rules of Procedure of the Commission (see doc. ALINORM 63/11). It is therefore solely an information note for the use of delegates to the First Session of the Commission. If found useful a revised version incorporating the recommendations of the Commission could be prepared for wider distribution.

The following sections are described below:

1. Nature of Codex Standards.
2. Aspects covered by Codex Standards.
3. Geographical coverage of Codex Standards.
4. Lay-out of the Codex.
5. Methods of preparation of Codex Standards:
   1. World-wide Standards
   2. Standards for regions or groups of countries
6. Publication of the Codex.
7. Amendment of published Standards.

1. Nature of Codex Standards

Two groups of standards are foreseen:

1. “Minimum platform standards” which lay down basic requirements to protect the consumer from health hazards and misrepresentation. Their acceptance by a Government solely implies that compliance with them of the products affected is a necessary condition for their importation and sale within its jurisdiction, but that such products may well have to comply with more stringent national provisions. They are therefore a point of departure of international food standards work.

2. “Trading Standards” on the other hand build upon the minimum platform standards by including additional “higher” requirements (but see on this expression Geneva Conference Report, para. 13). It is here that standards for specific regions or groups of countries (see para. 5(b) below) essentially find their place. The acceptance of such standards by a Government implies that, as far as food law provisions are concerned, compliance with them of the products affected is a necessary and sufficient condition for their importation and sale within its jurisdiction.

   Note - It is of importance however to observe that so-called “recipe standards” are not sought: the standards to be published in the Codex aim at leaving ample place for variations in quality and taste of the foods involved, as well as for the skill and inventiveness of their producers.

2. Aspects covered by Codex Standards

Each standard should in principle lay down the definition, composition, designation and method of labelling of the product affected. Hygienio requirements can often be covered most simply for groups of products. Quality considerations will play a greater role in “trading standards” (see para. 1(b) above). Each standard included in the Codex should also be integrated by a standard method of sampling and of analysis. In the case of methods of analysis, the Geneva Conference (Report, para. 16) recommended that only reference methods and not routine methods be considered. They could be included in the Codex either directly or by reference to outside publications (see doc. ALINORM 63/4 (7)).

3. Geographical coverage of Codex standards

Standards may be elaborated for world-wide use, as will be the case particularly for minimum platform standards (see para. 1(a) above), or else primarily for a specific region or groups of countries as in the case of some trading standards (see para 1(b) above). The method of elaboration and acceptance of the draft standard differs in each case, the underlying aim being to integrate world-wide requirements with those of regional progress and flexibility. In para. 5 below, the various steps involved are set out and linked with the Commission's draft Rules of Procedure.

4. Lay-out of the Codex

The Geneva Conference (Report, para. 25) recommended that the Commission consider at an early stage the following subdivision of the Codex in order to simplify the determination of priorities and the allocation of preparatory work:

Section I: GENERAL
Basic definitions, labelling, sampling, additives, etc.

Section II: INDIVIDUAL PRODUCTS
Detailed requirements for each product.

Section III: METHODS OF ANALYSIS

5. Method of preparation of standards for the Codex (for a summary see Appendix to this note)

Before undertaking the elaboration of any standard whether on a worldwide basis or for a region or group of countries, the Commission will need be guided by the existence of a demonstrated need for such a standard (Geneva Conference, Report paragraph 40).

(a) World-wide standards

Step 1 - The Commission recommends that a certain standard (either a minimum platform standard or a trading standard, see para. 1 above) should be drawn up for world-wide use. In general a favourable consensus of opinion among representatives present at the meeting will be sufficient, full account being taken of the countries principally interested in the product concerned. Where a vote is considered necessary, Rule VI. 3 of the draft Rules of Procedure will apply.

Step 2 - The Geneva Conference recommended that preparation of the draft standard should be entrusted to either:

1. an existing international organization or

2. an ad hoc Preparatory Committee under the Commission, open to all interested member countries.

Alternative (2) is governed by Rule IX of the draft Rules of Procedure which foresees that the organization of each ad hoc Preparatory Committee would be assumed by a member country specifically appointed by the Commission for this purpose. Where alternative (1) is followed and preparatory work accepted by an inter-governmental organization with its own methods of finalization of the standard, special attention must be paid to avoiding overlap at Step 7.

Step 3 - The draft completed by the methods described under Step 2 is circulated by the Secretariat to all Governments and interested organizations for consideration and comment.

Step 4 - The Commission considers the draft in the light of the comments received and draws up a Draft Provisional Standard.

Step 5 - The Draft Provisional Standard is submitted by the Secretariat to all Governments and interested organizations for comment.

Step 6 - The Commission reviews the Draft Provisional Standard in the light of comments received and analysed by the Secretariat and adopts a Provisional Standard.

Step 7 - The Provisional Standard is submitted by the Secretariat to all Governments for acceptance and indication of what measures they intend to take to apply it.

Step 8 - When the Commission finds that sufficient acceptances have been received, again taking into full account the countries principally interested in the product concerned, the standard is published in the Codex accompanied by a list of accepting countries. In the case of minimum platform standards, the list of accepting countries will include mention of any more stringent national provisions.

(b) Standards for regions or groups of countries

Step 1 - When a majority of the countries from a given region, or a group of countries, are in favour of the separate elaboration of a standard for the region or group, full account being taken in both cases of the countries principally interested in the product concerned, the Commission is required to elaborate a standard on that basis, without prejudice to the preparation of a corresponding standard on a wider basis (Rule VI. 3 of the draft Rules of Procedure).

Step 2 - The Geneva Conference recommended that preparation of the draft standard should be entrusted to either:

1. an existing international, especially regional, organization or

2. an ad hoc Preparatory Committee under the Commission open to countries belonging to the region or group (observers from outside countries however being allowed to attend in every case), see Rule XI. 3 and VII. 2 of the draft Rules of Procedure. Where appointed, the coordinator of the region or group furthers the work of preparation of the draft.

Step 3 - The draft completed by the methods described under Step 2 is circulated by the Secretariat to all Governments and interested organizations for consideration and comment.

Step 4 - The Commission considers the draft in the light of the comments received and draws up a Draft Provisional Standard. In so doing, if a majority of countries for which the standard is intended so desires, the Commission need not take into account a comment coming from countries outside the region or group. Wherever of advantage, meetings of the region or group can accompany sessions of the whole Commission.

Step 5 - The Draft Provisional Standard is submitted by the Secretariat to all Governments and interested organizations for comment.

Step 6 - The Commission reviews the Draft Provisional Standard in the light of comments received and analysed by the Secretariat, and adopts a Provisional Standard; however, if a majority of countries for which the standard is intended so desire, the Commission need not take into account a comment received from countries outside the region or group.

Step 7 - The Provisional Standard is submitted to all Governments for acceptance and indication of what measures they intend to take to apply it.

Step 8 - When the Commission finds that sufficient acceptances have been received from countries constituting the region or group, again taking into full account those principally interested in the product concerned, the now finalized standard is published in the Codex, accompanied by a list of accepting countries. In the case of minimum platform standards, the list of accepting countries will include mention of any more stringent national provisions.

6. Publication of the Codex

The Geneva Conference (Report, para. 37) recommended the publication of the Codex in loose-leaf form with a separate edition for each language. Separate reprints could also be prepared of standards primarily intended for specific regions of groups of countries.

7. Amendment of published standards

Published standards will require periodic review and amendment. For this purpose, the Geneva Conference (Report, para. 38) recommen led that each outside body responsible for the preparation of a standard should be requested to keep the text under regular review and to submit proposals for a revised version to the Commission wherever desirable. Similar arrangements could be made for standards drafted by ad hoc Preparatory Committees.

PREPARATION OF INTERNATIONAL FOOD STANDARDS:

Summary of steps involved

Step 1 - Codex Alimentarius Commission

to

Step 2 - International organization or ad hoc Preparatory Committee for preparation of standard

to

Step 3 - All Governments and interested organizations for comment

to

Step 4 - Codex Alimentarius Commission which draws up a Draft Provisional Standard

to

Step 5 - All Governments and interested organizations for further comment

to

Step 6 - Codex Alimentarius Commission which adopts a Provisional Standard

to

Step 7 - All Governments for acceptance

Step 8 - Finalized standard printed in “Codex Alimentarius” when sufficient acceptances received.

N.B. - See para. 4 of this paper for details of each step involved, especially in relation to standards primarily intended for regions or groups of countries.

(ALINORM 64 LIM/EURO. 1
29 September 1964 )

MEETING OF COUNTRIES OF THE EUROPEAN REGION

CONVENED BY THE CO-ORDINATOR FOR EUROPE

4 p.m., 29 September 1964, Salle XVI, Palais des
Nations
Geneva, Switzerland

Agenda

1. Adoption of Agenda.

2. Report by co-ordinator for Europe on Food Standards Work in the Region.

3. Discussion of ALINORM 64/28(5).

4. Discussion of Proposals of the Co-ordinator for Europe concerning the Advisory Group for Europe.

5. Other business.

(ALINORM 64 LIM/EURO 2
29 September 1964)

REPORT OF MEETING OF COUNTRIES OF THE EUROPEAN REGION
CONVENED BY THE CO-ORDINATOR FOR EUROPE HELD
on 29 September 1964 at 4 p.m. Salle XVI,
Palais des Nations, Geneva

1. The meeting was attended by delegates and observers of the following countries of the European Region:

   AUSTRIA
   BELGIUM
   CZECHOSLOVAKIA
   DENMARK
   FINLAND
   FRANCE
   FEDERAL REPUBLIC OF GERMANY
   HUNGARY
   ISRAEL
   ITALY
   LUXEMBURG
   NETHERLANDS
   NORWAY
   POLAND
   PORTUGAL
   SWEDEN
   SWITZERLAND
   UNITED KINGDOM
   YUGOSLAVIA

2. After a brief report from the Chairman, in his capacity as Co-ordinator for Europe the meeting had a full discussion of all aspects of procedures for the elaboration of regional standards.

3. The meeting drew up the procedure contained in Appendix 1 for the elaboration of regional standards. This was accepted without dissent.

(ALINORM 64 LIM/EURO 2 - Appendix 1)

PROCEDURE FOR THE ELABORATION OF REGIONAL STANDARDS