41. The Committee noted that the 23rd Session of the CAC made a number of recommendations addressed to FAO, WHO and Codex member governments in relation to risk analysis[16] and, in this regard, the 47th Session of the CCEXEC made several decisions to implement the Commissions recommendations.[17] In addition, the CCEXEC reviewed[18] matters arising from the Codex Committee on Food Additives and Contaminants related to risk analysis principles and “other legitimate factors” as well as matters arising from the 33rd Session of the Codex Committee on Food Hygiene[19] on the proposed draft Principles and Guidelines for the Conduct of Microbiological Risk Management.
42. The Committee strongly supported the CCEXEC recommendation that “programmes that contribute to risk analysis should have high priority” and in this regard, reaffirmed the importance of “risk communication” in facilitating transparency and consumer information as stated at the Melbourne Conference. It was noted that risk analysis provided Codex member governments with a framework to help ensure that risk management decisions are appropriately based on the principles of sound scientific analysis and evidence.
43. However, several delegations were of the opinion that slow progress in the consideration of “other legitimate factors” under the Codex Committee on General Principles (CCGP) contributed to the delay in progressing principles in regard to risk analysis. In this regard, it was noted that at the 14th Session of the CCGP[20] the representative of the World Trade Organization indicated “that under the TBT Agreement member countries could take measures addressing environment, animal welfare or other legitimate objectives and that under the SPS Agreement they could take measures to protect animal and plant life and health on their territory”.
44. In this regard, the Committee recommended that the Commission should request the WTO to undertake the holding of a workshop, in collaboration with the Codex Secretariat, at the next session of the CCNASWP as well as prior to other Codex coordinating sessions, to address the differences between the provisions and application of SPS and TBT measures. Several delegations and the representative of the ITIC felt that such a Workshop might help clear up confusion concerning “legitimate objectives” under the TBT Agreement and the use of “other legitimate factors relevant for the health protection of consumers and for the promotion of fair practices in food trade” as referred to in the Statement of Principle Concerning the Role of Science in the Codex
Decision Making Process and the Extent to Which Other Factors are Taken Into Account which pertains to both the SPS and TBT Agreements.
