PROPOSED CRITERIA FOR THE CONSIDERATION OF OTHER
FACTORS
- when health and
safety matters are concerned, the Statements of Principle Concerning the Role
of Science and the Statements of Principle Relating to the Role of Food
Safety Risk Assessment should be followed;
- other legitimate
factors relevant for health protection and fair trade practices may be
identified in the risk management process, and risk managers should indicate how
these factors affect the selection of risk management options and the
development of standards, guidelines and related texts;
- consideration of
other factors should not affect the scientific basis of risk analysis; in this
process, the separation between risk assessment and risk management should be
respected, in order to ensure the scientific integrity of the risk
assessment;
- it should be
recognized that some legitimate concerns of governments when establishing their
national legislation are not generally applicable or relevant
world-wide[22];
- only those other
factors which can be accepted on a world-wide basis, or on a regional basis in
the case of regional standards and related texts, should be taken into account
in the framework of Codex;
- the consideration
of specific other factors in the development of risk management recommendations
of the Codex Alimentarius Commission and its subsidiary bodies should be clearly
documented, including the rationale for their integration, on a case-by-case
basis;
- [albeit not within
the mandate of Codex, certain factors may be taken into account, if
recommendations of relevant multilateral intergovernmental organizations exist.
Codex standards should avoid having a negative impact on the application of such
internationally agreed recommendations];
- the feasibility of
risk management options due to the nature and particular constraints of the
production or processing methods, transport and storage, especially in
developing countries, may be considered; concerns related to economic interests
and trade issues in general should be substantiated by quantifiable
data;
- the integration of
other legitimate factors in risk management should not create unjustified
barriers to trade, [according to the WTO principles, and taking into account the
particular provisions of the SPS and TBT Agreements]; particular attention
should be given to the impact on developing countries of the inclusion of such
other factors.
[22] Confusion should be
avoided between justification of national measures under the SPS and TBT
Agreements and their validity at the international level
