MATTERS REFERRED TO THE COMMITTEE BY THE CODEX ALIMENTARIUS COMMISSION AND/OR OTHER CODEX COMMITTEES[2] (ITEM 2)

3. The Committee noted that the 23^rd Session of the Commission had adopted the Proposed Draft Standards for Cocoa Butters, for Cocoa (Cacao) Mass (Cocoa/Chocolate Liquor) and Cocoa Cake for the Use in the Manufacture of Cocoa and Chocolate Products, and for Cocoa Powders (Cocoas) and Dry Cocoa-Sugar Mixture at Step 5 as proposed and advanced them to Step 6. It was noted that these matters would be taken up under Agenda Item 3.

Endorsement of food additives provisions

4. The Codex Committee on Food Additives and Contaminants (CCFAC, 31st Session) endorsed the food additives provisions in the Proposed Draft Standards for Cocoa Butters, for Cocoa (Cacao) Mass (Cocoa/Chocolate Liquor) and Cocoa Cake for the Use in the Manufacture of Cocoa and Chocolate Products, and for Cocoa Powders (Cocoas) and Dry Cocoa-Sugar Mixture, except Potassium aluminium silicate (555) as an anti-caking agent in Cocoa Powders (Cocoas) and Dry Cocoa-Sugar Mixtures since this substance had no Acceptable Daily Intake (ADI) allocated by JECFA.

Endorsement of Contaminant Provisions

5. The CCFAC considered the contaminant provisions in the Proposed Draft Standards for Cocoa Butters, for Cocoa (Cacao) Mass (Cocoa/Chocolate Liquor) and Cocoa Cake for the Use in the Manufacture of Cocoa and Chocolate Products, and for Cocoa Powders (Cocoas) and Dry Cocoa-Sugar Mixture. The CCFAC decided to refer these levels to this Committee for further consideration. Opinions were expressed at the 31st Session of the CCFAC that:

• the maximum levels for lead were too high;
• more information should be provided to the CCFAC to justify the maximum levels of lead; and
• the levels should be based on sound science and reflect what was technologically feasible.

Status of Codex Texts in the Framework of the TBT Agreement

6. The Committee noted that this matter had been discussed by the Codex Committee on General Principles (CCGP, 14^th Session, 1999) and it had been agreed that all Codex texts, including standards and their annexes were covered by the WTO Agreement on Technical Barriers to Trade[3]. It was further noted that under the Agreement, countries were not obliged to implement international standards automatically, but if an international standard existed or their completion was imminent, such standards or relevant parts of them, should be used in the development of any national standards for the same products except where such international standards or relevant parts would be ineffective or inappropriate[4].