Review of the Status of Codex Texts under the WTO Agreements
15. The Executive Committee was of the opinion that at least as far as Codex was concerned differences were intended in the application of standards and the application of other (Codex) texts. There was some uncertainty as to how these other texts would be handled within the framework of WTO. It proposed that the Commission request the SPS Committee through the Secretariat to clarify how the SPS Committee would differentiate "standards, guidelines and other recommendations" in relation to the implementation of the SPS Agreement by WTO members.
16. The Executive Committee noted the five recommendations made by the Codex Committee on General Principles as contained in paragraph 8 of the working paper. It proposed that the Commission endorse these recommendations with the following amendment to be made to the third of these:
Codex standards or any other texts which establish quality criteria for products additional to essential quality factors should clearly indicate that such criteria are intended for voluntary application by commercial partners, as follows: "This text is intended for voluntary application by commercial partners and not for mandatory application by governments."17. The Executive Committee also stated that in regard to the elaboration or revision of texts intended to guide internal working arrangements (paragraph 9 of the working paper) these should not be considered as standards, guidelines or recommendations for the purposes of either the SPS or the TBT Agreements.
18. The Executive Committee discussed whether or not texts not intended for application by governments should continue to be considered by Codex but came to no firm conclusion on the matter.
Acceptance Procedure for Codex Standards
19. The Executive Committee recommended that the Commission proceed with a revision of the acceptance procedures along the lines proposed by the Codex Committee on General Principles. In the opinion of the Executive Committee, a revision of the Acceptance Procedures was more appropriate than their abolition.
Identification of those Standards, Guidelines and Recommendations having a Major Trade Impact
20. The Executive Committee concurred with the recommendation contained in paragraph 25 of the working paper that the current exercise initiated by the 21st Session of the Commission be discontinued.
