| ALICOM 99/3
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| ALICOM 99/3
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Conference on International Food Trade
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The Codex Alimentarius Commission |
by |
Dr A.W. Randell
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1. In just over two years time, in November 2001, the Codex Alimentarius Commission (CAC) will celebrate 40 years since its establishment by FAO Conference. The next session of the Commission, also in 2001, will coincide with the tenth anniversary of the March 1991 Conference on Food Standards, Chemicals in Food and Food Trade. It will be the first session of the Commission in the new Century; the new Millennium.
2. It is timely to reflect on the work of the Commission, how it has responded to the challenges set out by the 1991 Conference, and where it is going in the future.
3. The CAC is charged with implementing the Joint FAO/WHO Food Standards Programme. The primary objectives of the Programme are, and will continue to be, protecting the health of the consumer and ensuring fair practices in the food trade by the elaboration of internationally acceptable standards for food. "Standards" are meant in the broadest sense: - specific standards for commodities; general standards for labelling, additives, hygiene, contaminants, etc. for application across a wide range of foods; maximum limits (MRLs) for residues of pesticides and veterinary chemicals; and codes of good manufacturing and hygienic practice.
4. At the time of the 1991 Conference, the CAC had adopted over 240 commodity-specific food standards plus general standards, codes or guidelines in the fields of food labelling, nutrition labelling, and food hygiene including a recently revised version of the Code of Practice for Low-Acid Canned Foods, bringing it up to date with current practices. More than 2,000 MRLs for pesticides had been established and work was beginning on MRLs for veterinary drugs.
5. The main issue before the 1991 Conference was the impending inclusion of references to Codex standards in the trade agreements being negotiated under the Uruguay Round. It had become clear that the status which would be accorded to Codex Standards as part of the Uruguay Round Agreements meant that the CAC would have to place greater emphasis on the scientific basis of Codex work, with special emphasis on the use of risk assessment in relation to food safety. The 1991 Conference called for much greater stress on the so-called "horizontal" aspects of Codex work: food additives, labelling, hygiene. It also called for existing Codex standards to be reviewed and revised if necessary to bring them into line with current practices. A number of other issues were also raised, in particular questions relating to the length of time required to elaborate Codex standards, the openness and transparency of the elaboration process, and the role of over-prescriptive standards in an environment of "deregulation". The Conference also recommended that the CAC begin active work on standards to establish the equivalency of import and export inspection and certification systems.
6. The CAC responded immediately. New elaboration procedures were put into place which included the accelerated adoption of Codex standards and related texts. A new Committee was established, under the Chairmanship of Australia to develop principles and guidelines for import/export inspection and certification. Codex committees began the process of review of their older standards and texts. Work on the newer "horizontal" standards, such as the General Standard for Food Additives, was given the highest priority.
7. These changes helped convince the Uruguay Round negotiators that Codex standards, guidelines and other recommendations were indeed the international reference points for food quality and food safety that were needed if arbitrary and unjustified national food standards and regulations were to be brought under the disciplines of the General Agreement on Tariffs and Trade (GATT).
8. In April 1994 the Final Act of the Uruguay Round was signed, establishing the World Trade Organization and the Agreements on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) and on Technical Barriers to Trade (TBT Agreement). The SPS Agreement makes specific reference to Codex standards, guidelines and other recommendations and the Codex is recognized as the source of international food standards on non-SPS issues under the TBT Agreement. The Agreements entered into force on 1 January 1995.
9. The impact of the 1991 Conference and the 1994 Final Act are still being felt in Codex. It is worth examining the scorecard to see what the major changes in Codex have been in the period between 1991 and now and then look at what might be the picture in the future.
Since 1991, the CAC has:
10. The process initiated by the 1991 Food Standards Conference is still underway. Standards are being revised in the following areas: Processed Fruits and Vegetables; Foods for Special Dietary Uses (including foods for infants and children); Cocoa Products and Chocolate; and Fruit Juices.
11. In the years since the 1991 Conference, the CAC has also been required to examine new issues that were not foreseen in 1991. It has undertaken new work in some critical horizontal areas, for example: labelling conditions required for foods prepared from (or with the help of) biotechnology; labelling for health and nutrition claims; labelling requirements for "organic foods"; and requirements for inter-laboratory testing and analysis. It has also had to examine its working procedures to strengthen the consensus behind its decision-making; provide for greater transparency in its dealings with international non-governmental organizations; and arrange for the establishment a more flexible structure of subsidiary bodies able to tackle specific problems not amenable to the fixed structure put in place in the 1960's and '70's.
12. The Codex "scorecard" in 1999 looks a little different to that of 1991. There are fewer standards, but they cover a far wider range of food products. Codes of practice are less prescriptive, but at the same time they cover a broader range of production, processing and marketing activities. Entirely new areas, on inspection, certification and conditions for determining equivalence, have emerged. Risk analysis has been established as a basic step in the decision-making process.
13. Although Codex reports to two "parent" organizations, the Food and Agriculture Organization of the United Nations (FAO) is far and above its greatest supporter. FAO pays more than 80% of the costs of the Codex Programme; a level which has been fairly constant over more than 30 years. Moreover, the Codex Programme is an integral part of the FAO Regular Programme, funded by the statutory contributions of FAO Member States to the Organization itself. The importance of Codex and its role in food security and food trade has been recognized in such fundamental statements as the Rome Declaration on World Food Security adopted at the World Food Summit in 1996. The ability of the Codex Programme to continue to act as a facilitator of international food trade will be determined by the ability of FAO to continue to support Codex within the framework of its budget.
14. The close linkages between the Codex programme and FAO's Regular and Field Programmes are further exemplified by the work done by FAO in developing countries to support the introduction and application of Codex standards and in creating efficient and effective food control structures. FAO is the leading source of Technical Assistance to developing countries in these areas. Both of the Uruguay Round Agreements call on WTO Members to provide technical assistance to support the implementation of the Agreements in developing countries. The type of assistance provided varies according to the needs of the country and the availability of resources. Short seminars and workshops, funded from FAO's Regular Programme and often supported by contributions from the private sector, have been used to inform government officials, industry and consumers about the importance of Codex and the WTO Agreements. Longer term development projects which involve revision of national regulations so that they are in line with Codex, technical training or the up-grading of physical facilities are funded through FAO's Technical Cooperation Programme or by external donors.
15. Another aspect of the strong relationship between the Codex Programme and the work of FAO in general is highlighted by scientific support to the Codex process by JECFA and JMPR, both of which are directly funded from FAO's Regular Programme as independent expert scientific bodies.
16. The new status which has been accorded to Codex under the SPS and TBT Agreements has not been without some negative effects. Until there is a clearer understanding of the implications of these two Agreements, it can be expected that Codex members will continue to act very cautiously in approving new standards, guidelines and other recommendations. The Codex tradition of arriving at consensus in its decision-making is being restored, not only because this is necessary for effective progress, but also because it is specifically required under the TBT Agreement.
17. Another aspect which is leading to caution on the part of Codex member countries is the lack of a clear understanding of the obligations on countries when Codex does indeed adopt a standard or other text. It is now clear that the provisions of the SPS Agreement cannot be interpreted to mean that all national requirements must "conform" to the requirements of Codex standards. This means, among other things, that claims made to the effect that Codex standards have the force of international law, or are binding on Member countries, or automatically override national legislation and regulations, are false and indeed are misleading. A better understanding of the implications of recent WTO decisions in this area should lead to an acceleration of the development of draft Codex standards which have been held pending in several areas. Nevertheless, the harmonization of national and international Codex standards remains a goal of the WTO Agreements, and countries which adopt Codex standards for their national regulations enjoy the status of these regulations being presumed to be consistent with the SPS Agreement.
18. Recent WTO decisions will also assist in the interpretation of the four Statements Of Principle Concerning the Role of Science in the Codex Decision-Making Process and the Extent to which Other Factors are taken into Account. The outcome of discussions on the "other legitimate factors" should give the CAC to opportunity to differentiate between scientifically-based food safety and quality requirements and other attributes of food trade and consumer opinion which affect the sale and distribution of foods. In any case, there can be no doubt that Codex standards will continue to be based exclusively on scientific principles in all elements which deal with protecting the consumers' health and ensuring fair trade.
19. As more cases are dealt with by the WTO, many of the uncertainties facing Codex Member countries will be clarified. This process is likely to be continuous and incremental, and as time goes by, it will strengthen the Codex process and the relationship between the way in which Codex elaborates its standards and the way in which Member countries apply them under the Rules of the WTO.
20. The basic structures and Rules of the Codex Alimentarius Commission were laid down in the 1960's and `70's. They have served Codex well and there are no plans to make radical changes. Nevertheless, there are a number of proposals either under consideration or in the process of development which will "fine tune" some Codex structures and procedures and bring more transparency in general to the Codex process.
21. The first of these is the review of the current Codex structures. FAO, along with other UN Agencies, is in the process of eliminating a number of old, out-dated or ineffective subsidiary bodies. Codex is not immune from this process, and there are a number of inactive Codex Committees being considered for elimination or being merged into broader committees. This is not at all a criticism of the Codex process, and looking at the positive side, it will allow the CAC to establish ad hoc bodies to deal quickly with specific problems and single issues as required, and then be dissolved.
22. The increasing demands of consumer organizations, and indeed governments, for improved participation in Codex is also being addressed. Principles for establishing so-called "Observer status" with Codex have been adopted. Since these rules will also apply to industry observer groups, there will at long last be a clear understanding of the process by which all non-government organizations will be able to participate in Codex work, and clear statements of both the rights and the obligations of participating non-government organizations.
23. The Membership of the CAC continues to grow: it now stands at 165 Member nations. We expect that Codex will continue to attract new Members in view of its central role in facilitating international trade in food products, including processed food.
24. Future Codex standards will see a continued strengthening of the scientific basis behind the formulation of their quality and safety requirements. Codex will provide the basic framework for integrating the risk analysis process into national and international food standards and into the application of standards through inspection and certification procedures. Part of this process has begun. FAO is promoting the use of adequate quality control mechanisms in all aspects of food production, harvesting, storage, processing and marketing, including HACCP, an industry based control system for food safety, to promote better quality and safer foods in all countries. Factoring these developments into Codex standards and codes and achieving the necessary levels of consensus will take some time.
25. There will be an acceleration of the process by which the horizontal measures in different Codex standards will be drawn into a series of general standards. The General Standard on the Labelling of Pre-packaged Foods is a fore-runner of this process; the General Standard on the Use of Food Additives is still in the process of development. When the process is complete (or near to completion) reference to the set of Codex General standards and texts will give all necessary information on labelling, additives, contaminants, residues, analytical methods, inspection and certification.
26. Codex commodity standards, which describe the many quality factors required for ensuring fair practices in the food trade, will continue to be prepared and maintained albeit in a form that is more compact and user-friendly without losing the comprehensive detail contained in them. The last ten years have seen the emphasis in the field of food standards move towards food safety concerns and the protection of human health. There is now a strong indication that the traditional aspects of food standardization; quality, conformity to compositional criteria, and labelling, are once again coming to the forefront.
Elaborating international food standards requires a number of critical inputs. These are;
27. The CAC is a unique institution because it brings together all interested parties and acts as a catalyst in providing resources and technical assistance to food control authorities throughout the world. It has shown its ability to respond to the needs of its Members and to society at large.
