4. The Committee noted the information presented in document CX/S 00/2 concerning the matters referred to the Codex Committee on Sugars by the Codex Alimentarius Commission and other Codex Committees. The Committee noted in particular the decision of the Commission, amending the Rules of Procedures of the Codex Alimentarius Commission that every effort should be made to adopt Codex Standards by consensus.
5. The Committee noted further that the Codex Committee on General Principles ruled that from the viewpoint of WTO the Annexes to Codex Standards had the same status as the body of Standard. The Committee noted that the consideration of the legal implications of the Annexes was outside the terms of reference of this Committee; the decision should be taken by the WTO Commission. The Committee agreed that the Committee would retain the current practice under the common understanding that discretionary elements should be placed in the Annex.
6. The Delegation of Portugal, speaking on behalf of the European Union, drew the attention of the Committee to the importance of discussing other legitimate factors. The Committee recalled that the Codex Committee on General Principles (ALINORM 99/33A, paras 64-74) while considering the role of Science and Other Legitimate Factors in Relation to Risk Analysis, had asked for information from relevant Committees on other relevant factors taken into account in their work. The Committee agreed to report back to the Codex Committee on General Principles that in its own work the following factors were relevant:
