CRITERIA FOR EVALUATING ACCEPTABLE METHODS OF ANALYSIS FOR CODEX PURPOSES: DISPUTE SETTLEMENT PROCEDURE[18]
100. In relation to its work in the above area, the Codex Committee on Methods of Analysis and Sampling had referred to this Committee for consideration, a technical annex[19] on a proposed dispute settlement procedure to be used in cases where the results of laboratory analyses were not in agreement.
101. Delegations were of the opinion that the Annex as presented was overly technical for consideration by CCFICS and that the model presented was only one of several possible solutions to the problem. By being overly prescriptive, it was considered that the model could restrict the rights that WTO Members had acquired under the SPS and TBT Agreements. It was also suggested that under the circumstances described in the document consideration might be given to developing advice based on relevant principles that took into account problems relating to sampling (including consideration of the inherent heterogeneity of samples and which party bore the cost of re-sampling) and the time period for the settlement of the dispute.
102. Although the Committee noted the number of issues raised, it questioned whether it was competent to consider such technical issues. The Committee recommended the use of laboratory accreditation systems based on objective quality assurance criteria as a means of minimizing situations where disputes might arise.
