Improvement of Procedures for the Adoption of Codex Standards and Measures to Facilitate Consensus (Agenda Item 4)[8]

67. The Committee reviewed the document "Improvement of procedures for the adoption of Codex standards and measures to facilitate consensus". The Committee noted the amendments made to Rule X.2 of the Rules of Procedure by the Commission at its 23^rd Session and the on-going efforts of the Chairpersons of Codex Committees to exchange information and experience in this matter. The Committee focussed on a number of practical measures for achieving consensus and on specific amendments to the Rules of Procedure concerning voting in cases where consensus could not be achieved.

68. The Committee noted that much of the responsibility for facilitating the achievement of consensus lay in the hands of the Chairpersons and members of Codex Committees. In addition and more generally, it noted possible additional practical measures that might facilitate consensus-building that could be used as a reference by the Chairpersons of concerned committees, Codex members and the secretariat as appropriate. These included the following:

• Refraining from submitting proposals in the step process where the scientific basis is not well established on current data and, where necessary, carry out further studies in order to clarify controversial issues;

• Providing for thorough discussions and documentation of the issues at meetings of the committees concerned;

• Organizing informal meetings of the parties concerned where disagreements arise, provided that the objectives of any such meetings are clearly defined by the Committee concerned and that participation is open to all interest delegations and observers in order to preserve transparency;

• Redefining, where possible, the scope of the subject matter being considered for the elaboration of standards in order to cut out issues on which consensus could not be reached;

• Providing that matters are not progressed from step to step until all relevant concerns are taken into account and adequate compromises worked out;

• Emphasizing to Committees and their Chairpersons that matters should not be passed on to the Commission until such time as consensus has been achieved at the technical level;

• Facilitating the increased involvement and participation of developing countries.

69. It was suggested that these proposals be drawn to the attention of the Commission.

70. The Delegation of Australia proposed that there should be greater use of the Executive Committee and the informal meeting of the Chairpersons of Codex Committees in order to facilitate consensus.

Rule VI.4

71. The Committee noted that Rule VI.4 could be interpreted as implying that any Member of the Commission had the right to call for a vote to be taken on any matter at any time. It was noted that such an interpretation was contrary to the decision of the Commission when it adopted Rule X.2 to enhance consensus building.

72. The Delegation of Chile proposed to specify that Rule VI.4 (majority) applied "in cases where it is necessary to vote, because it has not been possible to reach consensus on a standard" and that Rule VI.4 (roll-call vote) applied "in the event that it is decided to proceed to a vote", for clarification purposes.

73. The Committee agreed to propose an amendment to Rule VI.4 to clarify this situation. In response to a question of the Delegation of Malaysia, it was stated that the proposed amendment did not abridge the right of a Member to call for a roll-call vote in the cases where the Commission proceeded to a vote on matters such as the adoption and amendment of standards. The proposed draft amendment is presented in full in Appendix II to this report.

Rule X.2

74. The Committee also had before it two proposals to amend the Rules of Procedure to provide for a qualified majority to be used in the case where voting was required. These proposals were for (i) a two/thirds majority, or (ii) a majority of two/thirds on two consecutive sessions of the Commission with a simple majority at the following third session, if required.

75. Most of the Delegations that expressed a preference for one or other of these options expressed a preference for the first option. The Delegation of India also supported this option but stated that it would be useful to examine other means of ensuring the participation of the full Membership of the Commission where decisions had to be taken but consensus could not be reached. It suggested that this might be done through postal balloting or by requiring that a majority of the Members in each Region were in agreement. 76. Several delegations stressed the importance of Codex working by consensus and were of the opinion that the proposals to amend Rule X.2 were premature, and that the effect of the application of the new Rule X.2 and the additional practical measures intended to facilitate consensus needed to be examined before further changes were introduced.

77. The Committee noted that there was no consensus for proposing amendments to the current Rule X.2 and therefore decided not to take further action until further experience was gained in this matter.