103. The 23rd Session of the Codex Alimentarius Commission (1999) discussed a number of issues related to the composition of the Executive Committee and the participation of observers in its work[14]. These questions were referred to the Committee, which discussed them at its 15th Session on the basis of a paper provided by the Secretariat (CX/GP 00/6). In the course of the discussion, questions were raised about the role of the Executive Committee. It was proposed by some delegations that the role of the Executive Committee be reviewed with a view to its possible abolition; its functions being assumed by the Commission which would meet annually as provided for in Rule IV.1 of the Rules of Procedure.
104. The Secretariat was requested to provide a paper on this matter for consideration of the Committee at its 16th Session and was also requested to provide for consideration specific modalities for improving transparency, for the representative participation of international non-governmental organizations, and for additional participation of developing countries in case that the Executive Committee would not be abolished.[15]
105. The paper before the Committee analysed the current status and work of the Executive Committee; examined the issues that needed to be addressed should the Executive Committee be abolished; examined alternatives to the Executive Committee including annual meetings of the Commission; examined a proposal to restructure the Executive Committee to provide for increased participation from developing countries; and set out proposals for the participation of INGO observers and the observer status of countries that were Members of the Commission, but not Members of the Executive Committee.
106. The Delegations of the United States, Sweden (on behalf of the EC), and Australia expressed the view that the process of considering the role and appropriate composition of the Executive Committee should be a step-wise one, with a decision first being made on annual meetings of the Commission. Should there be annual meetings, it was clear that the role of the Executive Committee would be diminished. In this case, it was suggested that the size of the Executive Committee could be reduced. The Delegations of the Czech Republic, Uganda, Japan also expressed a preference for holding annual meetings of the Commission while retaining the Executive Committee. The Delegation of Japan stressed that the Executive Committee should be made more open and transparent in the conduct of its work.
107. The Delegation of Chile stated that, independently from the decision concerning annual meetings of the Commission, in view of the Medium Term Plan, the Executive Committee performed important functions of strategic planning and monitoring that could not be carried out by the Commission itself. The Delegation expressed the view that the Executive Committee should be retained and strengthened.
108. The Delegation of India stated that annual meetings of the Commission would create a considerable burden for developing countries and also called for a restructuring of the Executive Committee by providing additional representation to countries of different regions and restricting its work to executive functions only.
109. The Observer from Consumers International stated that this organization could support the proposal for annual meetings of the Commission as well as keeping the Executive Committee, provided that in the latter case the issue of transparency and consumer representation was resolved. The Observer from IACFO drew attention to the proposal (also included in the Chairperson's Action Plan) to establish a more restricted advisory body and the problems that this would raise in relation to transparency. The Observer from the 49th Parallel Consortium drew attention to the problems of ensuring adequate civil society participation in Codex Committees and Task Forces in general.
110. The Delegation of Canada pointed out that any change must result in an enhancement of the Codex structures and procedures, and noted that the proposal to hold annual meetings of the Commission solved a number of outstanding problems pertaining to the Executive Committee such as transparency and representative membership. The Delegations of Malaysia and Singapore stated that the Executive Committee should be abolished and that there should be annual meetings of the Commission.
111. A number of Delegations (South Africa, India, Swaziland, Brazil, Kenya, Uganda, Tunisia) drew attention to the potential cost burden to developing countries of holding annual sessions of the Commission. The Delegation of Chile expressed its concern with possible annual meetings of the Commission, as the trust fund was still a project and in addition to the costs of participation it was indispensable to consider the costs and other aspects involved in the preparation of meetings at the national level, recognizing the great complexity of the process in which various public and private sectors participate. Although the Delegation of South Africa did not oppose annual meetings, it noted that there were already considerable resource problems for developing countries in view of the additional work of Codex in important areas such as animal feeding, foods derived from biotechnology and meat hygiene.
112. In reply to a question from the Delegation of India, it was noted by the Secretariat that the proposal to hold annual meetings of the Commission did not imply that all Codex Committees (especially Regional Coordinating Committees) would also need to meet annually. The Representative of WHO stated that questions relating to the cost burden of annual meetings were closely linked to the proposals to establish as trust fund or other support facility.
113. The Committee noted that since a large number of Delegations had expressed themselves in favour of annual meetings of the Commission with or without the abolition of the Executive Committee, and others has expressed themselves in favour of Executive Committee's retention with or without restructuring, that there was no consensus in this matter and agreed to inform the Commission accordingly.
