114. The 13th Session of the Committee had proposed to revise the Code of Ethics with the following purpose: to take into account the texts on food import and export developed by the CCFICS and the entry into force of the SPS and TBT Agreements; to address the specific situation of developing countries; and to generally update its provisions to make them consistent with current Codex texts. Following approval as new work by the 22nd Session of the Commission, a first draft had been circulated at Step 3. The 15th Session of the Committee (2000) had agreed that the text would be redrafted for circulation at Step 3 and further consideration.
115. The Secretariat recalled that the last session of the Committee had not discussed the text in detail and that several issues put forward in the comments remained to be addressed: the relevance of the Code in the framework of WTO, the applicability of a Codex text to trade operators in addition to governments, and non-compliance with the provisions of the Code.
116. Many delegations supported the revision of the Code with its current scope and format to provide guidance both to governments and food traders, while pointing out that several important questions had not been addressed and required detailed consideration in the Committee; further amendments would also be required to simplify and update the text. Several delegations pointed out that time constraints had not allowed substantial discussion of the Code so far, and that it should be considered prior to or as a matter of priority at the next session.
117. Many delegations supported the simplification of section 5 and the alternative section 5.1 with a general reference to Codex standards. Some delegations and observers proposed to retain sections 5.10 and 5.11 on foods for infants, children and vulnerable groups in view of their importance to address these specific public health concerns. Reference was also made to the linkage between section 5.9 (foods derived from biotechnology) and the Cartagena Protocol.
118. Some delegations proposed to recommend that national standards should be harmonized with Codex standards in view of the provisions of the WTO SPS and TBT Agreements. Other delegations expressed the view that Codex standards should be taken into account but that governments had the right to establish national standards that might differ from international standards, provided they complied with their obligations under WTO.
119. The Delegation of Sweden, speaking on behalf of the EC and referring to its written comments, presented the EC proposal to amend the scope and purpose of the code in order to focus on certain broader ethical considerations in relation to practices in the food trade. Several delegations expressed concern about some elements of the EC proposal and supported the use of the Secretariat's current draft as the basis for further revision.
120 The Delegation of India, supported by other delegations and observers proposed to consider the problems caused by export to developing countries of food with a short remaining shelf life. The Delegation also supported a strengthening of Article 11 concerning developing countries in the light of specific provisions in the SPS Agreement. The Delegation of Morocco expressed the wish that developed countries should implement programmes to strengthen the capacity of developing countries to produce, import and export safe food well before the Code was finalized, as its completion should take a certain time.
121. The Delegation of Uganda, supported by other delegations and observers, stressed the problems caused by the export to developing countries of foods rejected at the import stage in other countries, especially in the case of foods for infants and children. The Committee agreed that the provisions of the Code should include clear recommendations to address such situations. The Observer from IBFAN proposed to retain the reference to a regular review mentioned in Article 10 of the present Code.
122. The Committee noted that the following points would require further consideration: export of food which did not meet the requirements of the exporting countries; the export of food that requires further processing in the importing country; the requirements to be applied to food in transit; and the need for food aid transactions to comply with the Code even in emergency cases. The Observers of CI and IACFO proposed to include a reference to transparency in the selection of experts. The Secretariat indicated that the Code addressed import/export issues and was directed to those engaged in international trade, while transparency in risk analysis was currently under consideration in the Working Principles for Risk Analysis.
123. In reply to some questions on the status of the Code, the Representative of WTO indicated that the code could be considered relevant under the SPS Agreement to the extent its provisions applied to sanitary measures, but it appeared unlikely that the Code would be a decisive factor in a dispute situation. The Chairperson suggested that further clarification from the WTO regarding the status of the Code under the SPS and TBT Agreements would be helpful.
STATUS OF THE PROPOSED DRAFT REVISED CODE OF ETHICS FOR INTERNATIONAL TRADE IN FOODS
124. The Committee agreed that the Proposed Draft Code would be redrafted by the Secretariat in the light of the comments received and the discussion at the present session, for circulation at Step 3 and consideration at the next session early in the Agenda.
