(ALINORM 64/LIM.4
2 October 1964)
(Note prepared by the Delegate of France, Prof. M. Cépède)
In order to proceed actively with the carrying out of the task assigned to it,
in accordance with the general directives laid down at
the Geneva Conference, the Commission,
considers it necessary to remove any ambiguity regarding
the purposes of its work.
It therefore decides to specify as follows:
The standards to be defined.
The field to be covered.
Relations with other international organizations.
1. STANDARDS
The Commission will arrange to draw up food standards defining the intrinsic features of the products to which they relate and their health criteria.
The Codex Alimentarius will contain two categories of standards:
“Codex” food standards
Minimum platform standards,
it being understood that the term “Codex food standards” replaces the term “trading standard” used in the Report of the Geneva Meeting (1–5 October 1962).
Excluding on principle from its field strictly trading standards, (that is to say, standards which concern primarily criteria of presentation of products, such as size, colour, form, uniformity, method of packing etc.), the Commission does not wish to question the importance of their preparation in the development of international trade, but it so decides, in the assurance that this work is being actively and effectively carried out by a number of other international organizations.
It considers that these strictly trading standards must be observed by the parties to the agreements who have established those standards, and may amend them according to their own procedures. This cardinal principle of international law may usefully be formally invoked as a general principle of the Codex; the provisions of the Codex could not, in any case, be opposed to the application of this cardinal principle, even when it relates to agreements which are outside the scope of the Codex.
The Commission further expresses its conviction that the adoption of “Codex” food standards and, to a lesser degree, minimum platform standards will in any event constitute a positive contribution to the desired development of international trade.
Admittedly, food standards are established to protect the health of the consumer and to ensure fair competition, but the effect of their adoption will be to facilitate trade in these goods.
A minimum platform standard may be adopted by a country either as an objective standard, which it will endeavour to attain and to enforce in its own territory,
or as an imperative minimum standard, which its legislation lays down as a minimum to be observed.
A Codex Food Standard is a standard which it should be possible to regard in countries with an advanced food legislation as sufficient to enable them to accept products which conform to such standards in free commercial practice in their territory.
A country whose legislation is less severe than the standard should even more accept products which conform to the “Codex” Standard in free commercial practice in its territory and may admit the “Codex” Standard as an objective standard to guide its own legislation.
A country, on the other hand, whose legislation is more severe may approve the standard without according to it the effect of the “Codex” Standard in its territory, but in approving this standard it undertakes at least to enforce its observance in that territory. It must therefore accord to it the status of an “imperative minimum standard.”
2. FIELD TO BE COVERED
The Commission will endeavour to work out standards which in principle concern only food stuffs for consumption, with the exception of raw materials, except when, as in certain countries, these raw materials are normally consumed unprocessed.
3. RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS
In endeavouring to carry out to the utmost the role of co-ordinating agency assigned to it, the Commission will, in accordance with the relevant rules of procedure, maintain appropriate contacts with the international, inter-governmental or non-governmental organizations working in associated fields, on the understanding that such organizations have sole responsibility for agreements concluded under their auspices and are free to decide their own working methods and processes of improvement.
