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Codex Alimentarius ?It’s a waste of time, isn’t it ?
Jérôme LepeintreEuropean CommissionHealth & Consumers
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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
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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
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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
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Codex objectives
(1) Protect the health of consumers
(2) Ensure fair practices in the food trade
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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).
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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)
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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)
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Elaboration of standards
Consensus based process
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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.
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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
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Other legitimate factors
Explicitely recognised in Codex althoughnot clearly definedConfusion over their role in the riskanalysis processSufficient flexibility at WTO level to exercise OLFs
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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
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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
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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
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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)
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“The relevant international organisations”
food safetyCODEX
plant healthIPPC
animal healthOIE
Harmonisation ( SPS art. 3)
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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
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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
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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
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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
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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)
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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
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Europe Region = 48 Countries
EU: 27 countries/490 million people
Non EU: 21 countries/360 million people
Codex members: 180 (Europe=1/4)
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More informationCodex website:www.codexalimentarius.net
EC website:http://ec.europa.eu/food/international/organisations/position_paper_en.htm
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FinallyGet involved, Codex is not (always) the
maze it seems at the start !
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