69. The Committee recalled its discussions on this matter at its previous session and the consideration given to the subject by the 45th Session of the Executive Committee.[12] In particular, it was noted that the Executive Committee had requested the Committee to develop concepts, identify issues for consideration of the Commission and other Codex Committees, and suggest how a systematic approach might be applied. The Executive Committee had suggested that as soon as work had proceeded beyond the initial stages, other relevant Codex Committees should initiate their own work as appropriate. It was noted that Commission had identified the matter as one of priority.
70. The Committee discussed the document in general terms and then considered in detail some elements of the proposed guidelines attached to the discussion paper before considering how work in this area might be developed further.
GENERAL ISSUES
71. Delegations stressed the importance of the issue in relation to the work of the Commission and the Committee. They noted the relationship between the proposals contained in the paper and the work already undertaken on Guidelines such as the Guidelines for the Design, Operation, Assessment and Accreditation of Food Import and Export Inspection and Certification Systems and the Draft Guidelines for the Development of Equivalence Agreements regarding Food Import and Export Inspection and Certification Systems (see paras. 10 - 30, above). The importance of the guidelines as a means of applying the provisions of Article 4 of the SPS Agreement uniformly and consistently to food safety matters was also stressed. Several delegations and observers also referred to Article 2.7 of the TBT Agreement in relation to the recognition of equivalence for technical food control regulations other than food safety.
72. The Committee discussed the speed with which the work should be undertaken and at what point other Codex Committees should be invited to take up related areas of work within their own areas of responsibility. Several delegations were of the opinion that the paper should be developed carefully and slowly through a step-by-step approach, involving other Codex Committees along the way in order to achieve a Codex-wide consensus in this area. Some delegations expressed the view that it would be premature to initiate the Step Procedure for the future development of the text.
73. Many delegations referred to the new concepts in the paper, especially that of Food Safety Objectives, which had broad implications for the work of the Commission and other Committees, and that had yet to be fully discussed. Other delegations noted that several definitions and other issues had yet to be satisfactorily resolved. Attention was also drawn to the implications for some developing countries in their ability to judge equivalence and the need to improve the infrastructure capabilities of these developing countries.
74. The Delegation of New Zealand, on behalf of the author countries, noted that the 22nd Session of the Commission had given the Committee the mandate to develop guidelines for the determination of equivalence between food import and export inspection and certification systems. However, as the SPS Agreement made no distinction between systems and measures, the framework of the guideline had to be broadly based. The work of other Codex Committees, particularly the Committee on Food Hygiene, had already provided a basis for continued work in certain specific areas. The Delegation confirmed that more refinement was needed on the concept of Food Safety Objectives with guidance on how they should be developed and expressed, and on how they could be used in food import and export inspection and certification systems. The Delegation suggested that work on TBT-related issues could be developed in parallel to the present document.
CONSIDERATION OF THE PROPOSED DRAFT GUIDELINES
Preamble and Scope
75. A number of delegations supported the development of guidelines for determining the equivalence of non-safety (TBT) measures, taking into account the provisions of Article 6 of the TBT Agreement. It was noted however, that the SPS and TBT Agreements treated the matter of equivalence differently. Opinions were therefore divided as to whether the present paper should be expanded to cover TBT matters; whether a separate paper covering TBT matters should be developed in parallel with the present paper; or whether a paper covering TBT matters should be developed only after guidelines on determining the equivalence of food safety matters had been completed, thereby allowing the Committee to concentrate on the latter.
76. Several delegations were of the opinion that the concept of Food Safety Objectives required further development, possibly in a parallel paper or Annex, especially in relation to the application of the “appropriate level of protection” concept. Some delegations also pointed out that emphasis in this Committee should be on the determination of equivalence of systems and not of measures since the technical expertise in regard to specific measures was within the competence of other Codex Committees.
Definitions
77. Several delegations pointed to the differences between the definitions used in the text and the corresponding definitions adopted by the Commission or used in other texts developed by the Committee. It was agreed to use previously adopted definitions where these existed. It was noted that the definitions used in the text would need to be referred to the Committee on General Principles and other Codex Committees at an appropriate time.
78. It was agreed that more work was needed on the definition of Food Safety Objective, and that careful consideration should be given to the legal and political interpretations of this term. It was also suggested that the term “objectively demonstrated” required definition. Some delegations expressed concern over the proposed definition of Appropriate Level of Protection.
General Principles for the Judgement of Equivalence
79. One delegation was of the opinion that the rights of the importing country were insufficiently explained in this section.
Guidelines for the Judgement of Equivalence
80. Several editorial comments were made and one delegation expressed concern that the procedure outlined was excessively rigid and did not take into account the possibility of using approaches other than those based on Food Safety Objectives.
CONSIDERATION OF FUTURE DEVELOPMENTS
81. It was decided that the Commission should be requested to initiate formal work on the elaboration of Guidelines for the Judgement of Equivalence of Sanitary Measures associated with Food Inspection and Certification Systems. Should the Commission approve such work at Step 1, a revised draft of the text would be prepared in the light of the present discussion (Step 2) and circulated to Governments and interested international organizations for comments at Step 3. As noted above, some delegations expressed the view that the time was not yet right for the initiation of the formal Codex Step Procedure and stated that it would be better for the present paper to be redrafted and re-issued as a discussion paper. The Committee recalled, however, that the Step Procedure was used for the elaboration of Codex texts in order to ensure transparency and the full participation of Codex Member countries, and for effective communication at the appropriate time with other Codex Committees. It was noted that entry into the Step Procedure did not imply automatic advancement of any Codex text as the Committee or the Commission could at any time return a text to a previous Step in the Procedure.
82. During the discussion several delegations expressed their willingness to assist in further work on this subject. The Committee requested the Delegation of New Zealand, with the assistance of the other author countries to undertake a revision of the present text, taking into account the present discussion. This text would either be circulated at Step 3 of the Procedure or as a discussion paper, depending on the decision of the Commission.
83. It was agreed that all relevant Codex Committees would be informed of the present discussion and of the current status of work on the Guidelines, bearing in mind that the Guidelines could have implications for their present and future work programmes.
84. In regard to the proposal to develop guidelines on the judgement of equivalence of technical regulations other than sanitary measures, some delegations were of the view that it would be appropriate not to commence work on this aspect until the work on food safety related aspects of the judgement of equivalence had been well advanced. Others were of the view that such a sequential approach would mean the postponement into the indefinite future of important and relevant work. The Committee requested the advice of the Executive Committee and the Commission on how to proceed in this matter.
