21 April 2009 1

Codex Alimentarius ?It’s a waste of time, isn’t it ?

Jérôme LepeintreEuropean CommissionHealth & Consumers

21 April 2009 2

XIXth Century: first general food law, basic food control, scientific basis (Pasteur)1897-1911: Codex Alimentarius Austriacus put in place by the Austro-Hungarian Empire

Origins of the Codex Alimentarius

21 April 2009 3

Early 1800s: Canning is invented (Nicolas Appert)Mid-1800s: First shipments of bananas to EuropeLate 1800s: First shipments of frozen meat fromAustralia and New Zealand to the UKEarly 1900s: Food trade associations promoted the use of harmonised standards1945: Foundation of FAO1948: Foundation of WHO1949: Latin American food code (Argentina)

Milestones in the evolution of food standards

21 April 2009 4

1961-63 Series of FAO and WHO conferencesEstablished the Codex AlimentariusCreated an international food standards programme jointlybetween FAO and WHOEstablished a Codex Alimentarius Commission

Birth of Codex

21 April 2009 5

Codex objectives

(1) Protect the health of consumers

(2) Ensure fair practices in the food trade

21 April 2009 6

Codex AlimentariusThe Codex Alimentarius (« Food Code ») is now a collection of international standards, codes of practice, guidelines and other recommendations that have been adopted by the Codex Alimentarius Commission (CAC).

21 April 2009 7

Codex Alimentarius

what it comprises:- Food standards for commodities (237)- Codes of hygienic or technological practice (41) - Pesticides evaluated (185)- Limits for pesticide residues (2930)- Guidelines for contaminants (25) - Maximum levels for Food additives (1 112)- Maximum Residue Limits for veterinary drugs (441)

21 April 2009 8

Codex structure

Codex Alimentarius Commission

Codex Alimentarius Commission

Executive CommitteeExecutive Committee SecretariatSecretariat

General Committees(10)

General Committees(10)

Commodity Committeesand Task Forces

Commodity Committeesand Task Forces

Regional Committees(6)

Regional Committees(6)

Active Committees(5)

Active Committees(5)

ad hoc Task Forces(3)

ad hoc Task Forces(3)

Committees adjourned(6)

Committees adjourned(6)

21 April 2009 9

Elaboration of standards

Consensus based process

21 April 2009 10

Codex and Science (1)Science-Based Activity

Declaration of Principle

Codex Food standards, guidelines and other recommendations must be based on an analysis and on objective scientific evidence, after a thorough examination of all relevant data.

Clear separation between risk assessment and risk management.

21 April 2009 11

Codex and Science (2)Risk assessment

Joint FAO/WHO MeetingsJMPR Joint FAO/WHO Meeting on Pesticide ResiduesJEMRA Joint FAO/WHO Meeting on Microbiology Risk

AssessmentJECFA Joint FAO/WHO Expert Committee on Food

Additives, Contaminants and Veterinary MedicineResidues

21 April 2009 12

Other legitimate factors

Explicitely recognised in Codex althoughnot clearly definedConfusion over their role in the riskanalysis processSufficient flexibility at WTO level to exercise OLFs

21 April 2009 13

Who comes to Codex ?

Members:180 Countries + EC

Observers:16 UN Organisations157 NGOs46 IGOs

Trust Fund for enhancedparticipation

0

20

40

60

80

100

120

1963 1964-69 1970-85 1997 2006

Developed CountriesDeveloping CountriesTotal

CAC Attendance

21 April 2009 14

Codex and the International Food Trade

• Codex Standards = WTO reference for foodsafety

Sanitary and Phytosanitary Agreement

Technical Barriers to Trade Agreement

• In fact Codex Standards now actuallyconstitute a shadow legislation

21 April 2009 15

Sanitary and Phytosanitary (SPS) Measures Agreement

Right to take sanitary and phytosanitary measures for the protection of human healthDiscrimination bannedScientific justificationHarmonisation promotedReference to the Codex AlimentariusWhen EC legislation is based on Codex, no risk assessment is required

21 April 2009 16

Agreement on Technical Barriers to Trade

Ensure that technical regulations and standards do not create unnecessary obstacles to trade.Reference to Internationally recognised Standards(art. 2)

21 April 2009 17

“The relevant international organisations”

food safetyCODEX

plant healthIPPC

animal healthOIE

Harmonisation ( SPS art. 3)

21 April 2009 18

Hormone dispute

Complainants: US and CanadaMay 1996: Panel establishedAugust 1997: Panel ReportJanuary 1998: Appellate Body ReportMay 1998: 15 months to produce scientific evidenceJuly 1999: DSB authorised retaliation: US$ 116 million

CAN$ 11.3 millionUS and Canada imposed retaliatory surcharges of 100% on imports from EUFollow-up panel

21 April 2009 19

Hormone dispute/Codex

Estradiol-17 beta: “Residues resulting from the use of this substance as a growth promoter in accordance with good animal husbandry practice are unlikely to pose a hazard to human health.”Setting a MRL is unnecessary

21 April 2009 20

Why is CODEX important for the EC/Europe?

Influence on Trade: EU is the world’s largest importer of food and food products…but also exporterWhile Codex Standards do not apply directly to intra-EU trade, it is anticipated that they shall form the basis of most new EU legislationEU/non-EU trading partners: importance ofcoordinated positionsFalling tariffs and increased quotas open up prospect of increased agricultural exports

21 April 2009 21

The role of NGOs in Codex

Purpose - to provide expert information, advice and assistance and to enable organizations which represent important sections of public opinion to express the views of their members. Role – Observer Status – can speak but do not have a vote – in practice views need support from some members to have real influenceNumber - there are 156 International NGOs with Observer Status (CAC, 2006)Privileges and Obligations are specified

21 April 2009 22

EC accession to Codex

EC Accession to FAO in 1991Membership of the Commission is open to all Member Nations and Associate Members of FAO and WHO which are interested in international food standards.Negotiations started in 1994Modification of the Rules of procedure in July 2003 in order to allow a Regional Economic IntegrationOrganisation to become MemberCouncil Decision 2003/822/EC of 17 November 2003 (OJ L309 of 26.11.2003)

21 April 2009 23

Why ?What are the advantages for the

EC of becoming a full Codex member ?

- Ensure that primary health and other EC and MS interests are taken into consideration

-Reinforce the coherence between Codex standards and EC legislation

- Defend the interests of the European Food Industry

21 April 2009 24

Europe Region = 48 Countries

EU: 27 countries/490 million people

Non EU: 21 countries/360 million people

Codex members: 180 (Europe=1/4)

21 April 2009 25

More informationCodex website:www.codexalimentarius.net

EC website:http://ec.europa.eu/food/international/organisations/position_paper_en.htm

21 April 2009 26

FinallyGet involved, Codex is not (always) the

maze it seems at the start !

21 April 2009 27