7. The following persons were appointed as Regional Coordinators:
| Africa | Mr. David Nhari (Zimbabwe) | |
| Asia | Dr. Yuzo Hayashi (Japan) | |
| Latin America and the Caribbean | Dr. Galdos Ugarte (Uruguay) | |
| Europe | Prof. S. Slorach (Sweden) | |
| North America and the South-West Pacific | Mr. P.J. O'Hara (New Zealand) |
REPORT ON THE FINANCIAL SITUATION OF THE JOINT FAO/WHO FOOD STANDARDS PROGRAMME FOR 1994/95 AND 1996/974 (Agenda Item 3)
8. The Commission:
noted the financial situation of the Programme for 1994/95, especially the fact that the Programme was operating effectively within its budgeted resources;
noted that the level of the Joint FAO/WHO budget for 1996/97 would remain at the same level as for 1994/95, subject to confirmation by the parent agencies in the light of budgetary constraints to which both organizations were being subjected;
endorsed the proposal to establish a new Professional post within the Secretariat and within the existing budget for collecting and disseminating technical information on the scientific and technical bases for Codex Standards and other recommendations;
noted the reduction by $US100 000 of additional Codex funds provided by FAO for documentation and called for continued effort to reduce costs in this and other areas;
requested the Secretariat to report on the cost implications of providing documentation and interpretation in the Arabic language;
requested the Secretariat to report on the implications of establishing innovative mechanisms (such as trust fund) with contributions from external partners for the purpose of strengthening the work of the Commission, at the national and international level and particularly participation of developing countries in the various aspects of work of the Codex;
endorsed the recommendation of the Executive Committee that future reports should also provide estimates of the financial support provided by Host Governments.
4 ALINORM 95/5 and ALINORM 95/5, Revised (page 4 only).
5 ALINORM 95/6.
6 See Item 11 of the Agenda.
IMPLEMENTATION OF THE MEDIUM-TERM PLAN OF THE CODEX ALIMENTARIUS COMMISSION5 (Agenda Item 4)
(A) Report on Progress in Achieving the Medium-Term Plan
(B) Strategies for Achieving the Medium-Term Plan
9. The Commission expressed its satisfaction on the progress made in achieving the Medium-Term Plan adopted at its 20th Session (1993). It noted that some areas of work were proceeding more slowly than expected. However, in the programmed review and revision of standards it was noted that a considerable number of draft revised standards were being submitted for adoption at Step 8. 6 The Commission endorsed the recommendations and conclusions of the Executive Committee in regard to the need for flexibility in adjusting to problems not foreseen in the Medium-Term Objectives and for urgent work on some specific microbiological concerns.7
10. The Commission agreed that work on biotechnology, including safety, labelling and nutrition aspects, being undertaken by relevant Codex Committees should be co-ordinated by the Executive Committee and that no new Committee would need to be established. Support was expressed for the initiative of holding a second Joint FAO/WHO Consultation on safety of food produced by biotechnology. The Commission noted the initiatives of OECD in the area of biotechnology and was assured that contact was maintained with that organization in order to avoid duplication of efforts.
11. With regard to the programme area on “Participation”, the Commission welcomed proposals to hold sessions, especially of General Subject Committees in developing countries or in the Headquarters of the parent organizations so as to facilitate attendance by developing countries.
12. The Commission approved the strategic planning approach for implementing the Medium-Term Plan. It approved the Project Plans8 submitted to it and agreed to also include work on aflatoxins. The Commission requested the relevant Committees to take immediate action as required in respect of the Project Plans.
IMPLEMENTATION OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS (Agenda Item 5)
(A) Working Arrangements between the Codex Alimentarius Commission and the World Trade Organization9
13. The Commission noted the recommendations made by the 41st Session of the Executive Committee on the orientation of Codex activities in the perspective of the WTO Sanitary and Phytosanitary (SPS) and Technical Barriers to Trade (TBT) Agreements and the action taken so far in this area, and the views of the 42nd Session of the Executive Committee10. The Commission also noted that in order for Codex recommendations in the area of chemical contamination and food safety in general to be of use under the SPS Agreement, they would continue to be reviewed regularly on the basis of scientific evaluation.
14. The Commission noted the specific provisions of the SPS and TBT Agreements to facilitate their implementation by developing countries, and also that regional workshops were being organized in cooperation with WTO to explain the privileges and obligations under the Agreements for member countries.
7 ALINORM 95/4, paras. 4 and 5
8 ALINORM 95/6, Appendix II
9 ALINORM 95/7 Part 1 (Revised)
10 ALINORM 95/4, paras. 12–16.
15. The Commission noted with satisfaction the working arrangements which had been established between WTO and itself. There was general consensus on the need for Codex to retain its own objectives and procedures while co-operating closely with WTO, in order to avoid duplication of work and to optimize resource utilization.
16. The general recommendations contained in paragraphs 5 and 6 of the working paper were endorsed in principle and the Commission requested the Codex Committee on General Principles to develop guidance on the modalities to be used for the implementation of these recommendations. The Commission called upon WTO, FAO and WHO to pursue their efforts to develop the awareness of governments as to their obligations and to facilitate the implementation of the Agreements, especially by developing countries.
(B) Acceptance of Codex Standards in Relation to the SPS and TBT Agreement11
17. The Commission expressed its appreciation for the paper which examined the present system of notification by Member governments of the acceptance, in its varied specified forms, of Codex standards; explored the relationship between Codex acceptances and the new disciplines provided by the SPS and the TBT Agreements; and considered proposals on developing a revised system of notification by Member governments of their use or otherwise of Codex standards and related texts which would meet the needs of Codex Members and might also meet the needs of the World Trade Organization (WTO) Members under the SPS and TBT Agreements.
18. In examining the implications of the WTO Agreements the Commission noted that the new role for Codex standards and related texts is a significant recognition of the importance of the work of the Commission, the international standing of the Codex standards and related texts and the role they play in furthering international harmonization and facilitating international trade. In regard to the current revised approaches to some commodity standards, it was suggested that the Commission may need to accord more importance on the objective in the Statutes of ensuring fair practices in the food trade so that words, including quality and trade descriptions, if used in international trade, would have internationally consistent and clearly understood meanings.
19. The Commission agreed in principle to revise the form of notification of acceptance by Codex Members of Codex standards to include information about the use of Codex standards and related texts, to meet the needs of Codex Members and also the needs of the WTO Members under the SPS Agreement and to make consequential revisions to the Guidelines for the Acceptance Procedure for Codex Standards.
11 ALINORM 95/7 - Part 2 introduced by Ms. Gae Pincus (Australia).
20. The Commission further agreed that:
The revision be taken up as a high priority by the Committee on General Principles under Item 1b of the Medium Term Programme of Work - Adoption of improved acceptance procedures.
The Committee on General Principles should also consider whether further minor revision of the section on Acceptance of Codex Standards in the General Principles of the Codex Alimentarius might be needed.
The Committee on General Principles should develop the format of a revised notification scheme, with assistance from the Secretariat, to report to the 44th Session of the Executive Committee and the 22nd Session of the Codex Alimentarius Commission in 1997, after consultation with Members of the Commission, on the format and substance of the proposed requirements. The Committee should also advise on priorities and a time-frame for Members reporting under the revised notification scheme.
21. The Commission agreed to refer the question of which Codex standards and related texts have major trade impact to the Regional Coordinating Committees which would report to the next sessions of the Executive Committee and the Commission. The Commission noted that the Regional Coordinating Committees will need guidance from the Secretariat on this matter.
22. Bearing in mind that until a new scheme is ready, Members should continue to notify acceptance of Codex standards to the Secretariat under the current scheme. The Commission also agreed to remind Members:
of their existing obligations under the General Principles and the Guidelines for the Acceptance Procedure for Codex Standards to respond to the Secretariat on every issue of new of amended standards, including giving detailed responses as to local requirements where Codex standards are not formally accepted, and the reasons for those differences; and
of the need to keep this information up to date when national laws or practices are later changed.
23. The Commission examined the paper12 summarizing the background of the recommendations by the Executive Committee at its 41st Session (June, 1994) to set out four statements of principle which confirmed the pre-eminent role of science in Codex decision-making processes while allowing for other factors to be taken into account.
24. The Commission had a lengthy and exhaustive debate on the recommendations by the Executive Committee, including all the four statements of principle contained in Paragraph 20 of the paper. The Delegation of Spain, on behalf of the member countries of the European Community, submitted at the session a proposal to amend these statements as follows13:
The food standards, guidelines and other recommendations of Codex
Alimentarius shall be based on the principle of [sound] scientific analysis and evidence,
involving a through review of all relevant information, in order that the standards
assure the protection of consumers' health and the quality and safety of the food supply.
When elaborating and deciding upon food standards Codex Alimentarius will
have regard, where appropriate, to other legitimate factors relevant for the [health
protection of] consumers and for the promotion of fair practices in food trade, assessed
in a transparent manner.
In this regard it is noted that food labelling can play an important role in
furthering [both of] these objectives.
Fourth paragraph deleted.
25. The Commission overwhelmingly confirmed that Codex standards and other texts should be based on the principle of sound science. The wording of the fourth statement was also discussed extensively but inconclusively by a working group. Following intensive discussions on proposed amendments the Commission adopted the four statements of principles as originally drafted (Appendix 2) for the guidance of the work of Codex. Spain, on behalf of the Member Countries of the European Community, expressed its opposition to the Commission's decision.
26. In order to strengthen the role of science in the Codex decision-making process, the Commission asked the Secretariat to draw the attention of the Directors-General of FAO and WHO to the Commission's desire to increase transparency in the working procedures of expert panels, specifically JECFA and JMPR, including procedures for the selection of experts, declaration of interest, and assurance of adequate geographical representation of experts.
RISK ASSESSMENT/RISK ANALYSIS IN CODEX: RECOMMENDATIONS OF A JOINT FAO/WHO EXPERT CONSULTATION14 (Agenda Item 7)
27. The 42nd Session of the Executive Committee15 considered the report of the Joint FAO/WHO Expert Consultation on the Application of Risk Analysis to Food Standards Issues, which was held in Geneva, Switzerland from 13–17 March 1995. The Consultation had defined risk analysis terms, reviewed current practices in the CAC and FAO/WHO committees and addressed the issues on risk assessment of chemical and biological agents in food and the problems related to uncertainty and variability in risk analysis. Subsequent to the Consultation, FAO and WHO suggested a number of minor modifications to these definitions, based on existing definitions in the wider risk analysis context. The efforts of other international organizations in the elaboration of similar definitions, and the importance of eliminating conflict between these definitions, were also stressed.
28. The Commission expressed its appreciation to FAO and WHO for holding the Consultation and endorsed the recommendations arising from the Consultation in principle, especially in regard to the importance of further work on the review of methodology and guidelines currently used for predicting dietary intake, particularly on a regional basis. It noted that there was need for further clarification of terms and definitions used for risk analysis and asked that the proposal contained in Annex V of ALINORM 95/9 be circulated for government comments. It was decided to draw the attention of governments to amendments proposed for the terms risk communication (to include explicit reference to consumers) and to risk analysis, risk assessment, (to include reference to severity of effects) and risk characterization (to include reference to probability). The importance of transparency in communicating with consumers was also stressed.
29. The Commission also recommended further work to address risk management, risk communication and defining the roles and responsibilities of the different bodies involved in the risk analysis process as well as on uncertainty and variability in risk analysis in relation to standard setting and food regulation.
30. The Commission agreed that the Report and recommendations of the Consultation should be examined by relevant Codex Committees especially the Committee on General Principles so that the risk analysis concept would be incorporated into the Codex procedures and in the list of terms and definitions for Codex purposes. The Commission noted the need for taking into consideration the problems of developing countries in regard to implementing the risk analysis approach into their food regulations.
14 ALINORM 95/9 and WHO/FNU/FOS/95.3
15 ALINORM 95/4, paras. 25–28
COOPERATION WITH THE UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE (UNECE) IN THE ELABORATION OF WORLDWIDE STANDARDS FOR FRESH FRUITS AND VEGETABLES16 (Agenda Item 8)
31. The Commission recalled that at its 20th Session the request of the Codex Committee on Tropical Fresh Fruits and Vegetables (CCTFFV) to change its terms of reference to cover the standardization of all fresh produce was postponed pending consultations between the Codex, FAO and UNECE to arrive at a workable solution to the coordination of standardization activities between Codex and the Working Party on Standardization of Perishable Produce and Quality Development of UNECE. The 42nd Session of the Executive Committee17 had noted the opinion of the United Nations Under-Secretary for Legal Affairs that UNECE as a “regional commission” did not have the authority, unless explicitly so authorized by the Economic and Social Council, to establish subsidiary bodies which are anticipated to elaborate worldwide standards or which are instituted to transfer regional standards into worldwide standards.
32. The Commission adopted a revision proposed by the Executive Committee to the Terms of Reference18 of the Codex Committee on Tropical Fresh Fruits and Vegetables to cover the standardization of all fresh fruits and vegetables by deleting the word “Tropical” throughout. Several delegations opposed this decision. The Commission stressed that the newly named Codex Committee on Fresh Fruits and Vegetables should continue to cooperate and coordinate with the UNECE towards the elaboration of harmonized standards without duplication of effort, and noted that the present decision should allow the Codex Alimentarius Commission to use UNECE standards and recommend them for worldwide application. The Secretariat and the Executive Committee were requested to monitor work in this area, particularly as regards duplication.
CONSIDERATION OF AMENDMENTS TO THE PROCEDURAL MANUAL OF THE CODEX ALIMENTARIUS COMMISSION19 (Agenda Item 9)
33. The Commission decided to retain the present quorum specified in Rule IV.6. However, recognizing the difficulties to reach a quorum, the need to maintain the rights of all Members, the need to encourage greater participation and the necessity to proceed efficiently with its work, the Commission requested the Committee on General Principles and Coordinating Committees to study mechanisms which might facilitate the expression of consensus.
34. As the quorum was constituted, the Commission agreed to amend Rule II - Officers, as proposed in order to clarify the role of the Chairman, Vice-Chairmen and Coordinators. The amended Rule will be submitted to the Directors-General of FAO and WHO for their approval as required by Rule XIII.1 of the Rules of Procedure.
16 ALINORM 95/10
17 ALINORM 95/4, para. 29–32.
18 CAC/LIM 8
19 ALINORM 95/14.
Guidelines for Codex Committees and General Principles of the Codex Alimentarius
35. The Commission adopted the amendements to the Guidelines for Codex Committees in order to clarify the relationship between commodity and general committees, and other working arrangements.
The Commission noted that specific attention should be paid to the way in which referral from one Committee to another should be organized. It adopted an amendment to the General Principles of the Codex Alimentarius to emphasize the need for transparency in the process of revision of its standards and related texts. The Commission also adopted a number of changes to the English version of the Procedural Manual to remove gender-specific expressions.
36. Regarding para. 7 (a) of the Guidelines for Codex Committees, the Commission was assured that the provisional agendas of the Codex Committees and Coordinating Committees will be prepared in close cooperation between FAO and WHO.
37. The amendments to the Procedural Manual are attached as Appendix 3.
CONSIDERATION OF DRAFT AND PROPOSED DRAFT STANDARDS AND RELATED TEXTS FOR GENERAL APPLICATION (Agenda Item 10)20
38. Appendix 4 to this report contains a list of Draft and Proposed Draft Standards and Related Texts for General Application considered by the Commission at Steps 8 and 5 respectively. Decisions of the Commission in regard to the adoption of texts are tabulated in this Appendix. The remainder of this part of the report contains certain specific observations on the texts under consideration.
- Draft Preamble to the Codex General Standard for Food Additives22
39. The Commission asked the Codex Committee on Food Additives and Contaminants to reconsider and examine those provisions related to the carry-over of food additives into foods.
- Amendments to the International Numbering System
40. The Commission, after discussions and on the basis of a majority decision, decided to close the list of speakers and allocated INS Number 407(a) to Processed Eucheuma Seaweed (thickener/stabilizer). The Commission noted the reservations the Delegation of Chile expressed concerning the procedure used in adopting the allocated number which it considered to be contrary to the Rules of Procedure of the Commission. The Commission also allocated INS number 956 to alitame (sweetener). It noted that a previous proposal to assign INS Number 275 to calcium behenate had been withdrawn.
41. The Delegation of Spain expressed reservations on certain MRLs for parathion, phorate, cyfluthrin, flusilazole and profenofos at Step 8 and for piperonyl butoxide, triazophos and benalaxyl at Step 5/8 as they were either different from those of Spain or the EC, or too high in relation to the ADIs. The Delegation of Germany expressed reservations on Part 1 and Part 2 of ALINORM 95/24A-Addendum, due to health concerns of certain MRLs.
20 ALINORM 95/21 - Part I
21 ALINORM 95/12; ALINORM 95/12A; ALINORM 95/21 - Part I, Addendum 5 (CRD)
22 ALINORM 95/12, Appendix II
23 ALINORM 95/24; ALINORM 95/24A; ALINORM 95/24A-Addendum; ALINORM 95/21 - Part 1;
ALINORM 95/21 - Part I, Addendum 6 (CRD)
- General comments on the work of the Codex Committee on Pesticide Residues
42. The Commission also noted the opinions of some delegations that the shortened meeting of the Committee could have serious implications for its work taking into consideration its heavy workload. The Commission encouraged the development of guidelines for minimum data requirements for establishing MRLs and Good Agricultural Practice (GAP) and welcomed the revision of existing guidelines for predicting the dietary intake of pesticide residues.
- Draft Maximum Residue Limits for 5 Growth Hormones at Step 8
43. The Commission was split into two opinions: (1) in favour of adopting these MRLs at Step 8 without delay; and (2) in favour of postponing the consideration to the next session of the Commission awaiting an international conference organized by the EC scheduled later this year to study this issue.
44. After a lengthy debate on the issue in relation to whether to base a decision on currently available scientific evidence or to take into account factors other than health concerns, the Delegation of Spain, on behalf of the member countries of EU, proposed a roll-call vote on the adjournment of debate on the adoption of certain growth-promoting hormones at Step 8. The result of the vote was:
| In favour of adjournment: | Algeria; Austria; Belgium; Cyprus; Denmark; Finland; France; Germany; Greece; India; Iraq; Ireland; Italy; Kenya; Latvia; Malta; Netherlands; Norway; Poland; Portugal; Romania; Russian Federation; Slovak Republic; Spain; Sweden; Switzerland; Turkey; United Kingdom |
| Against adjournment: | Australia; Botswana; Brazil; Canada; Chile; China; Costa Rica; Egypt; Ghana; Hungary; Indonesia; Islamic Republic of Iran; Israel; Japan; Lebanon; Malaysia; Mexico; New Zealand; Nigeria; Paraguay; Peru; Philippines; Qatar; Republic of Korea; Saudi Arabia; Singapore; South Africa; Sudan; Tanzania; Thailand; United States of America |
| Abstaining: | Burkina Faso; Cuba; Uganda; Senegal; Zimbabwe |
| Tally: | 28 votes in favour; 31 votes against; 5 abstentions |
| Result: | The motion for adjournment failed. |
45. A majority of Member countries voted to proceed by the use of a secret ballot, as requested by the Delegation of the United States. As a result of the secret ballot, the Commission adopted the MRLs for growth-promoting hormones (33 votes in favour of adoption, 29 votes against adoption, and 7 abstentions).
24 ALINORM 95/31 and Corr.1; ALINORM 95/21, Part I, Annex I
46. The Observer of the European Community commented that it was regrettable that this important and far-reaching decision was made by a secret ballot which was contradictory to the Commission's decision to increase transparency. He further noted that it cast doubts on the validity and value of Codex work and standards and that consequences would be grave including the European Community's rethinking of participation in Codex work. The Delegations of The Netherlands, Sweden, and Finland stressed that the latter statement by the Observer was made on behalf of the European Commission but not on behalf of the European Union or its member countries and dissociated themselves from the latter statement. The Delegation of Spain, on behalf of the European Union, recalled the right of the Commission of the European Community to make as many comments as it felt necessary as an observer, but also dissociated itself from the latter statement. The Delegation of the United Kingdom dissociated itself from the entire statement.
- Draft Maximum Residue Limits for Bovine Somatotropins at Step 8
47. The Delegation of Spain, on behalf of the Member States of the European Union, proposed a roll-call vote on the adjournment of debate on the adoption of maximum residue limits for bovine somatotropins at Step 8. The result of the vote was as follows:
| In favour of adjournment: | Algeria; Austria; Belgium; Burkina Faso; Cameroon; Cyprus; Denmark; Finland; France; Germany; Greece; Guinea; Hungary; India; Ireland; Islamic Republic of Iran; Italy; Latvia; Lebanon; Lithuania; Luxembourg; Malta; Netherlands; Norway; Poland; Portugal; Republic of Korea; Romania; Russia; Slovak Rep; Spain; Sweden; Switzerland |
| Against adjournment: | Argentina; Australia; Brazil; Canada; Cape; Verde; Chile; China; Cuba; Egypt; Ghana; Indonesia; Iraq; Israel; Japan; Kenya; Malaysia; Mexico; New Zealand; Nigeria; Pakistan; Peru; Saudi Arabia; Singapore; South Africa; Sudan; Tanzania; Thailand; Uganda; USA; UK; Zimbabwe |
| Abstaining: | Botswana; Ecuador; Lesotho; Philippines; Senegal; Tunisia |
| Tally: | 33 votes in favour; 31 votes against; 6 abstentions |
| Result: | The motion for adjournment passed. |
48. The Commission adjourned the debate until its next sitting. The Chairperson of the Codex Committee on Residues of Veterinary Drugs in Foods expressed his disappointment at the Commission's decision to postpone the debate.
49. The Commission emphasized the importance of keeping under regular review provisions relating to nutrition claims in the light of new scientific information including aspects of fats and oils and noted that further work would be necessary on the Guidelines, inclusive of the Table of Conditions for Claims and Nutrient Contents, while recognizing that the present Conditions for Claims resulted from thorough consideration by the Codex Committee on Nutrition and Foods for Special Dietary Uses. The Commission adopted the proposed draft Guidelines at Step 5, but requested the Committee on Food Labelling and the Committee on Nutrition and Foods for Special Dietary Uses to consider all comments made by Member countries for re-evaluation of the Table of Conditions at their next sessions.
- Proposed Draft (Regional) Code of Hygiene Practice for Street Foods - Africa
50. The Commission noted that these Codes would need to be amended in the near future to incorporate the new approach contained in the revised General Principles of Food Hygiene and the use of the Hazard Analysis and Critical Control Point (HACCP) System.
- Proposed Draft (Revised) International Code of Practice: General Principles of Food Hygiene
51. The Commission noted that the Draft (Revised) Code considered risk analysis and the HACCPbased approach in the revised Code and that relevant provisions in other Codes would be amended in light of this Code.
Methods of Analysis and Sampling27
52. The Delegation of France considered that adoption at Step 8 of the two Protocols was not timely because their content was not in conformity with ISO texts.
53. The Commission noted that the references to AOAC methods were unchanged in the 16th Edition of the Official Methods of Analysis. The Commission also noted that the Committee had recognized that both SI and other units were in use in Member countries.
Import/Export Inspection and Certification Systems28
- Draft Principles for Food Import and Export Inspection and Certification
54. The Commission deleted the phrase “or risk of contamination” at the end of paragraph 9 of the Principles, and asked the Committee to give further consideration to the implications of this phrase.
CONSIDERATION OF DRAFT AND PROPOSED DRAFT STANDARDS AND RELATED TEXTS FOR SPECIFIC COMMODITIES29 (Agenda Item 11)
55. Appendix 4 to this report contains a list of Draft and Proposed Draft Standards and Related Texts for Specific Commodities considered by the Commission at Steps 8 and 5 respectively. Decisions of the Commission in regard to the adoption of texts are tabulated in this Appendix. The remainder of this part of the report contains certain specific observations on the texts under consideration.
26 ALINORM 95/13 and Corr. (English only); ALINORM 95/36, Appendix II; ALINORM 95/28,
Appendix II.
27 ALINORM 95/23; ALINORM 95/21 - Part I, Addendum 4
28 ALINORM 95/30; ALINORM 95/30A; ALINORM 95/21 - Part I, Addendum 1
29 ALINORM 95/21, Part II
56. The Commission considered the status of trade-related quality provisions of an advisory nature, which had been transferred to “advisory” appendices in several standards30. It confirmed that only essential aspects subject to acceptance should be included in the main body of the standard. It further agreed that, as the provisions included in the annex were not subject to Codex acceptance, a statement to this effect should be retained at the beginning of the standards under consideration, as follows:
Appendix 1 to this standard contains provisions which are not intended to be applied within the meaning of the acceptance provisions of Section 4.A (I)(b) of the General Principles of the Codex Alimentarius.
57. The Commission also noted that the advisory provisions constituted a “standard” under the definitions in the TBT Agreement. The Commission agreed to request the Committee on General Principles to consider this important issue.
58. The Commission agreed that Provisions concerning Food Additives should be included as an integral part of the standards until such time as the General Standard for Food Additives was finalized. In the meantime, food additive provisions should continue to be endorsed in accordance with present procedures.
59. The Commission recalled that the standards had been revised in accordance with the recommendations of the Commission for the simplification of Codex standards, especially through the transfer of quality provisions of an advisory nature to the codes of Practice, currently under review.
- Draft Standard for Quick Frozen Shrimps or Prawns
60. The Commission noted the concern expressed concerning the use of sulphites and agreed that the Committee might reconsider this question.
- Draft Standard for Canned Crab
61. The Commission amended the Scope of the standard to include other edible parts of crab so as to reflected current trade practices.
62. The Commission invited countries wishing to include additional species to the Definitions for Shrimps and Prawns; Sardines; Tuna and Bonito to submit relevant data on taxonomy, resources and processing technology to the Committee on Fish and Fishery Products. It also asked the Committee to give further consideration to the size designation of canned shrimps. The Commission agreed that the Accelerated Procedure should be used for the addition of species to the relevant standards.
- Draft Standard for Palm Olein and Draft Standard for Palm Stearin
63. The Commission noted that a number of technical comments had been made and that the Standards would ultimately be integrated into the General Standard for Named Vegetable Oils. This would allow for further consideration of the issues raised. The Delegation of Germany did not support the adoption of these two standards.
30 ALINORM 95/21, Part II, Addendum 7 (CAC/LIM 2)
31 ALINORM 95/18, ALINORM 95/21 - Part II; ALINORM 95/21 - Part II, Addendum 2
32 ALINORM 95/14, ALINORM 95/21 - Part II; ALINORM 95/21 - Part II, Addenda 1 and 1/1
- Proposed Draft Standard for Olive Oil and Olive Pomace Oils
64. The Commission noted amendments might still be proposed by the International Olive Oil Council and that these would to be taken into account when finalizing the standard.
- Proposed Draft Standard for Products Sold as an Alternative to Ghee
65. The Commission noted the objections raised in relation to the need for and the name of the standard. It was suggested to retain and update the current standards for related products instead of combining them. The Commission returned the Proposed Draft Standard to Step 3 for further consideration by the Committee on Fats and Oils.
- Proposed Draft Standard for Fat Spreads
66. The Commission endorsed the recommendation of the Executive Committee that the Committee on Milk and Milk Products should retain responsibility for the provisions concerning butter and cooperate with the Committee on Fats and Oils in the elaboration of the Fat Spreads Standard. In view of a number of objections raised to the scope and definitions, the Commission agreed that the standard should be returned to Step 3 for further consideration.
- Proposed Draft Standard for Mayonnaise
67. The Commission asked the Committee on Fats and Oils to give careful consideration to the issues of fat content and the content of egg yolk.
- Proposed Draft Code of Practice for the Storage and Transport of Edible Oils and Fats in Bulk
68. The Commission noted objections of the Delegation of Malaysia to the present text, in view of its possible implications for international trade.
69. The Commission noted that buffalo milk was commonly used as well as cow milk in various milk products and therefore asked that consideration might need to be given to this in the section concerning the labelling of milk other than cow milk. This matter was referred to the Committee on Milk and Milk Products.
- Draft Standard for Whey Powders
70. The Delegation of France expressed its reservation on the adoption of the standard, stating that the pH which distinguished whey powder from acid whey powder should be 5.8 rather than 5.1.
- Draft Standard for Edible Casein Products
71. The commission agreed to delete the word “acid” in square brackets in the Scope and to increase the maximum pH of caseinates from 7.5 to 8.0.
Tropical Fresh Fruits and Vegetables34
72. The commission agreed that comments on the Provisions concerning Sizing (Section 3) would be considered by the Sixth Session of the Committee on Fresh Fruit and Vegetables.
33 ALINORM 95/11; ALINORM 95/21 - Part II; ALINORM 95/21 - Part II, Addenda 5 and 5/1
34 ALINORM 95/35; ALINORM 95/21 - Part II; ALINORM 95/21 - Part II, Addendum 4
73. The Commission added “Syn. Persea gratissima Gaertn” to the botanical description of the species, in order to take account of large avocado varieties.
74. The Commission agreed that comments related to Provisions on Hygiene (Section 8) would be considered by the 6th Session of the Codex Committee on Fresh Fruits and Vegetables.
Cereals, Pulses, Legumes and Derived Products35
75. The Delegation of France reserved its position on these Standards, stating that their optional provisions could be used as a reference for WTO36 and that these provisions should therefore be reviewed with this approach in mind.
76. The Delegations of Austria, Belgium, France, Germany, Greece and Italy reserved their position on sections 4.2.6 to 4.2.9 of the Standard. The Observer of the European Community opposed adoption.
77. The Commission confirmed that the Scope of the standard did not include cassava starch.
78. The Delegation of Japan referred to the importance of developing guidelines for consumers on the processing and handling of pulses, especially in view of potentially high levels of cyanogenic glucosides.
- Guideline Level and Sampling Plan for Total Aflatoxins in Peanuts Intended for further Processing
79. The Commission was informed that the 27th Session of the Codex Committee on Food Additives and Contaminants postponed the endorsement of the proposed guideline level, pending JECFA evaluation of aflatoxins B, G and M in February 1996. The commission adopted the text at Step 5, with the understanding that future work on the establishment of a guideline level will be handled through the Codex Committee on Food Additives and Contaminants. The Delegations of France, Sweden and the United Kingdom reserved their positions on the level quoted in the text.
- Adjournment of the Committee on Cereals, Pulses and Legumes sine die.
80. The Commission concurred that the Committee be adjourned sine die.
81. The Commission adopted at Step 8 the Draft Standard for Formula Foods for Use in Very Low Energy Diets for Weight Reduction, with the understanding that provisions for vitamins and minerals should be subject to regular review.
35 ALINORM 95/29; ALINORM 95/28 and Addendum; ALINORM 95/21 - Part II; ALINORM 95/21 -Part
II, Addenda 3, 3/1 and 8
36 See the discussion reported under Agenda Item 5 and ALINORM 95/7.
37 ALINORM 95/26; ALINORM 95/21 - Part II
- Revised Codex Standard for Sugars and Honey
82. The Commission, noting that substantial late comments had been submitted for consideration, adopted the Draft Standards at Step 5, but not at Step 8. It agreed that further revision by the Host Secretariat should be carried out through correspondence.
- Draft Revised Codex Standard for Bouillons and Consommés
83. The Commission adopted the Standard at Step 8 as proposed and noted that a revision of the Standard in light of late substantive comments would be initiated immediately. The Delegation of Germany expressed its reservation on the adoption of the Standard.
84. The Delegation of Sweden informed the Commission that the revision of the Standard for Edibles Ices had been initiated; however, as these products did not appear to be of relevance for international trade, it was suggested to discontinue work on the standard as well as the activities of the Committee. The Commission agreed that a study should be provided on the subject, for consideration by the next session of the Executive Committee.
CONSIDERATION OF PROPOSALS TO ELABORATE NEW STANDARDS AND/OR RELATED TEXTS40 (Agenda Item 12)
85. The Commission endorsed the proposals made by the Executive Committee41 on the elaboration of new standards and or related texts at step 1, which were found to meet the Medium-Term Objective of the Commission and to be within the mandate of the Commission.
86. It also noted the recommendations made by the Executive Committee on items for which work should not be undertaken, including: the development of Guidelines for Consumer Education in Food Hygiene, and Consideration of Dietary Modelling.
87. Proposals were made by the delegations of Egypt, China and Iran for new work on: the evaluation of two sweeteners (Thaumatin and Monelline); plants and herbs for medicinal use; pesticide residues in honey; MRLs of pesticides and maximum levels of contaminants in fish and low-fat meat; foods for athletes; and on packaging. The Commission noted that plants and herbs for medicinal use were not within the mandate of the Commission. The Secretariat was asked to prepare a study on the matter of packaging for the consideration by the Executive Committee and the Commission's next sessions. The Commission referred the other proposals to the relevant Committees for consideration.
MATTERS ARISING FROM CODEX COMMITTEES42 (Agenda Item 13)
88. The Commission noted that these matters had been effectively dealt with by the Executive Committee43 or else under previous items on the present Agenda. The Commission regretted that provision had not been made for a more in-depth consideration of the matters discussed by Regional Coordinating Committees.
38 CL 1995/5 - S; ALINORM 95/21 - Part II; ALINORM 95/21 - Part II, Addenda 6, 6/1 and 6/2;
CAC/LIM 12
39 ALINORM 95/20; ALINORM 95/21 - Part II; ALINORM 95/21 - Part II, Addenda 9 and 9/1
40 ALINORM 95/21 - Part 3
41 ALINORM 95/4, Appendix.
42 ALINORM 95/21 - Part 4.
43 ALINORM 95/4, paras. 35–41
CONFIRMATION OF CHAIRMANSHIP OF CODEX COMMITTEES44 (Agenda Item 14)
89. In accordance with Rule IX.10 of the Rules of Procedure, the Commission confirmed the Chairmanship of the Codex Committees hosted by Member governments, as listed in Appendix 5, and expressed its appreciation to the support provided by the respective Host Governments to its work.
Consumer Involvement in the Work of Codex45
90. The Commission regretted that it had insufficient time to consider in detail the valuable paper prepared by Consumers International.46 It reiterated its strong support for greater consumer involvement in Codex matters, in particular it:
agreed that this working paper should be considered by the next Session of the Committee on General Principles and that a paper on consumer involvement in Codex should be considered as a specific item early in the Agenda at the Commission's next Session;
agreed to advise FAO/WHO that the presence of consumers and other organizations as observers in meetings of the Joint FAO/WHO Expert Committee on Food Additives and the Joint FAO/WHO Meeting on Pesticide Residues would improve transparency of decision-making;
noted that consumers' and other organizations would be invited to nominate potential experts for scientific panels, but that final decision on selection would remain the prerogative of the Directors-General of FAO and WHO in consultation with Member governments; and
recommended that countries which had not yet established a national Codex Committee with consumer representation should do so as a matter of priority.
Status of Potential European Community Membership of the Codex Alimentarius Commission47
91. The Commission noted the current status of the informal consultations with the European Commission to consider the legal implications of European Community membership and the modalities of its participation. Since only a preliminary request for membership had been made at this stage, whatever action might be taken in the future would be contingent on further information received from the European Community, especially on the essential question of competence.
44 ALINORM 95/14
45 CAC 21/INF-2
46 Consumers International stated that whilst frequent reference was made to transparency in Codex
procedures and the necessity for consumers confidence in them, in Consumers International's opinion
neither of these things had been improved by this Session, both in the conclusions reached and in the
way in which some decisions were made.
47 CAC 21/INF-3
92. The Commission noted that the Asia and Pacific Coconut Council had begun an extensive programme of standardization of coconut products. While encouraging the development of standards in this area, the Commission agreed that this work should be co-ordinated with its own work and asked that the matter be considered by the Regional Coordinating Committee for Asia.
Duration of Commission Sessions
93. The Commission noted that the shortened Agenda for the present Session had been recommended by the 41st Session of the Executive Committee on an experimental basis. It expressed concern that the time allocated did not provide for adequate debate of all of the significant issues before the Commission, especially when many issues required extended debate in light of the new relevance of Codex standards within the context of the WTO Agreements. It requested the Executive Committee to take this into consideration when reviewing proposals for the Provisional Agenda and the time allocated for the commission's 22nd Session.
