Introduction
1. The Executive Committee held its Thirteenth Session at WHO Headquarters in Geneva on 3 March 1969. The Committee was presided over by the Chairman of the Codex Alimentarius Commission, Mr. J. H.V. Davies, and in the presence of the three Vice-Chairmen, Mr. I.H. Smith (Australia), Mr. E. Mortensen (Denmark) and Professor Dr. O. Högl (Switzerland). The following representatives from the geographic locations mentioned were present: for Africa, Mr. K.K. Eyeson from Ghana; for Asia, Mr. K. Ando from Japan; for Europe, Mr. J. Serwatowski from Poland; for Latin America, Dr. J.H. Piazzi from Argentina; for North America, Mr. G.R. Grange from the U.S.A.; for South-West Pacific, Mr. N.R. Woods from New Zealand. The Coordinator for Europe, Dr. R. Wildner (Austria) was also present.
Adoption of the Agenda
2. The Committee adopted the provisional agenda.
Amendments to the Guidelines for Codex Committees
3. The Executive Committee considered Appendix I to document ALINORM 69/19 containing proposed amendments to the Guidelines for Codex Committees on food labelling (13(a) of the Guidelines) and methods of analysis and sampling (13(c) of the Guidelines). The amended version of the Guidelines on food labelling had been proposed by the Executive Committee at the Twelfth Session and was confirmed at the current session.
4. In respect of methods of analysis and sampling, the Executive Committee agreed that paragraph 13(c) (iv) of the proposals in Appendix I to ALINORM 69/19 entitled “Methods of Analysis of Food Additives in Food” should be deleted since they considered that there was no reason why the Codex Committee on Food Additives could not elaborate methods of analysis for the determination of food additives in food. Accordingly, for this purpose, the Codex Committee on Food Additives was in the same position as Codex Commodity Committees, and the Executive Committee agreed that the following sentence should be added to paragraph 13(c) (i) of Appendix I to ALINORM 69/19:
“The same procedure will apply to methods of analysis for the determination of food additives in food, elaborated by the Codex Committee on Food Additives and endorsed by the Codex Committee on Methods of Analysis and Sampling.”
5. The Executive Committee made no comments on the other proposals in Appendix I to ALINORM 69/19 except that they considered that the proposal contained in 13(c) (vi) entitled “Microbiological Methods of Analysis and Sampling” needed to be clarified. It was agreed that the criterion for determining whether the Codex Committee on Food Hygiene or the Codex Committee on Methods of Analysis and Sampling would be responsible for the endorsement or the elaboration of the method should be the intended purpose of the method. It was agreed that the undermentioned text should replace the text appearing under 13(c) (vi) of Appendix I of ALINORM 69/19:
“Microbiological methods of analysis and sampling
Notwithstanding the provisions of sub-paragraph (i) above, when Codex Committees have included provisions on microbiological methods of analysis and sampling for the purpose of verifying hygiene provisions, they should be referred to the Codex Committee on Food Hygiene at the most suitable time during Steps 3, 4 and 5 of the Procedure for the Elaboration of Codex Standards which will ensure that government comments on the methods of analysis and sampling are available to the Codex Committee on Food Hygiene. The procedure to be followed will be as in sub-paragraph (i) above, substituting the Codex Committee on Food Hygiene for the Codex Committee on Methods of Analysis and Sampling. Microbiological methods of analysis and sampling elaborated by the Codex Committee on Food Hygiene for inclusion in Codex commodity standards for the purpose of verifying hygiene provisions need not be referred to the Codex Committee on Methods of Analysis and Sampling for endorsement.”
6. The Executive Committee agreed to recommend the above changes to the Commission, but recognized, in regard to such microbiological methods of analysis, that there might be instances where endorsement by both Codex Committees would be necessary.
Proposed Amendments to the Rules of Procedure of the Commission
7. The Executive Committee agreed that, as Rule II.4(a) was in the nature of a paving amendment to Rule VI.3, the Commission should be asked to deal with this amendment before proceeding to the amendment of Rule VI.3.
8. The Executive Committee examined the request of the Canadian authorities that, in view of the revised amendment proposed by Canada to Rule VI.3, the Executive Committee should consider withdrawing its own amendment to Rule VI.3 contained in paragraph 21 of the Report of the Twelfth Session. There was an important difference of substance between the two amendments in that the proposed Canadian amendment was very much more restrictive in the scope it allowed for the elaboration of regional standards than that proposed by the Executive Committee. The Executive Committee therefore decided not to withdraw its own proposed amendment.
Finance
9. The Executive Committee considered document ALINORM 69/8, setting out details of the 1968/69 budget of the Programme. It was noted that the budget proposals for 1970/71 would shortly be submitted by the Directors-General to the governing bodies of both Organizations for approval, and that it provided for the continuation of commitments currently being met out of the residual funds of Trust Fund 40, which would be exhausted at the end of 1969. It was also noted that the 1970/71 budget reflected the needs of the Programme for that period.
Estimation of the Costs of Documentation of the Codex Programme
10. The Codex Alimentarius Commission at its Fifth Session had requested the Secretariat to prepare, for consideration by the Executive Committee, estimates of the total additional cost and extra staffing which would be necessary if FAO/WHO were requested to assume responsibility for (a) translation, printing and distribution of all working documents of Codex Committees, and (b) translation, printing and distribution of reports of Codex Committees. The Executive Committee had before it document EXEC/69/2-13th S., which gave an estimate of the costs which would be involved under (a) and (b) above, excluding postage which it would not be possible to determine specifically in respect of Codex documents. In view of the information provided by the Secretariat, the Executive Committee concluded that the existing arrangements, whereby countries accepting the chairmanship of Codex Committees bore the costs involved under (a) and (b) above, were the most practical and economical way of dealing with the volume of documentation and thought therefore that there was no need to change the existing procedure.
Position of Codes of Practice in Relation to the Statutes of the Codex Alimentarius Commission
11. The Executive Committee noted the information contained in document ALINORM 69/7 and agreed that it would be useful if paragraphs 4 to 6 of that document were set out in an appendix to the Report of the Sixth Session of the Commission.
Progress Report on the FAO/WHO Food Standards Programme
12. The Committee had before it document ALINORM 69/36 which indicated, in summary form, the steps reached by the various standards being elaborated by the different Codex Committees. It was agreed that it would be desirable to bring this document up-to-date at appropriate intervals.
Matters Arising from the Codex Committee on General Principles for Consideration by the Commission
Proposed Amendments to the General Principles of the Codex Alimentarius
13. At its Third Session, the Codex Committee on General Principles considered that provision should be made in the General Principles in respect of Codes of Practice and other matters of a general scope and that the Commission's Secretariat should present to the Commission at its next session an amendment to the General Principles of the Codex Alimentarius, which would incorporate the intention of the French delegation's proposed amendment to “The Purpose of the Codex Alimentarius”. The Executive Committee had before it document ALINORM 69/39 and took note of the amendments proposed to the General Principles of the Codex Alimentarius to provide for the elaboration of codes of practice and other texts of a nonmandatory nature. The Executive Committee noted that document ALINORM 69/39 also included other amendments which had been specifically proposed by the Codex Committee on General Principles at its Third Session.
Proposed Amendments to the Procedure for the Elaboration of Codex Standards
14. The Codex Committee on General Principles at its Third Session considered that there were difficulties in interpreting Steps 9 and 10 of the Procedure for the Elaboration of Codex Standards. The reasons for these difficulties were indicated in paragraph 1 of document ALINORM 69/40. The Secretariat was requested to prepare a paper for the Sixth Session of the Commission, setting out the difficulties and putting forward suggestions for dealing with them.
15. The Executive Committee agreed with the proposed amendments contained in Appendix I to ALINORM 69/40, except in regard to one part of Step 9 of the Procedure for the Elaboration of World-Wide Codex Standards and Regional Codex Standards. The Executive Committee considered that countries which were not Members of the Commission should not be under an obligation to notify their acceptance of Codex standards but that they should be invited to accept the standards under the acceptance procedures laid down. It was agreed therefore that an amendment to this effect should be made in the text proposed by the Secretariat. Thus, in the amendment to Step 9 proposed by the Secretariat, the second sentence should read as follows:
“Members of the Commission notify the Secretariat of their acceptance …”
instead of
“Member States and Associate Members of FAO and /or WHO notify the Secretariat of their acceptance …”
A similar change should be made in the sentence which follows the above sentence. A concluding sentence, as follows, should be added:
“Member Nations and Associate Members of FAO and/or WHO that are not Members of the Commission are likewise invited to notify the Secretariat of their acceptance or to supply appropriate information in the event of non-acceptance.”
A corresponding change should be made in the Procedure for the Elaboration of Regional Standards.
Guide to the Procedure for the Revision and Amendment of Adopted Codex Standards
16. The Committee examined the guidelines contained in Appendix II of ALINORM 69/40, which had been prepared by the Secretariat upon the request of the Codex Committee on General Principles. It was noted that there was one question which had not been covered by the Guidelines and that was whether Codex Committees could initiate the amendment or revision of Codex standards and seek government comments on such amendments without the prior approval of the Commission. The Executive Committee considered that there might be instances such as technological development or an urgent health consideration which would justify the expeditious revision or amendment of an adopted Codex standard. The Executive Committee further considered that any procedure for the revision or amendment of standards should be developed in such a way as not to undermine the status of adopted Codex standards which had been sent to governments for acceptance, unless there were compelling reasons for the consideration of a revision or an amendment.
17. The Executive Committee considered that there were three possible courses of action which should be examined by the Commission. Firstly, that the guidelines prepared by the Secretariat should remain unaltered. Secondly, that the guidelines be amended to authorize Codex Committees to initiate and proceed with the revision or amendment of a standard up to and including Step 3 without the prior approval of the Commission. Thirdly, that the guidelines be amended in such a way that when an amendment has been proposed by a Codex Committee, it should be referred to either the Commission or the Executive Committee, which could authorize the sending out of the proposed amendment at Step 3 for government comments, which would then be considered by the Codex Committee at Step 4.
Consideration of Standards by the Commission at Step 8
18. The Executive Committee agreed that the proposed text for inclusion in the Procedural Manual dealing with the consideration of Codex Standards at Step 8 of the Procedure for the Elaboration of Codex Standards accurately reflected the decision of the Executive Committee at its Twelfth Session.
Timetable of Codex Meetings - 1969
19. The Executive Committee requested the Secretariat to endeavour in future in making arrangements with host governments to so schedule meetings as to facilitate travel of overseas delegates to meetings. The Secretariat undertook to explore the possibility of holding meetings of the Groups of Experts on Fruit Juices and Quick Frozen Foods in 1970 in consecutive weeks in the same location.
Amendments Proposed to the Step 9 Standards for Processed Fruits and Vegetables
20. The Executive Committee was informed that, proceeding under Rule V.5, the United Kingdom and the Netherlands had requested the inclusion of certain specific items in the Provisional Agenda of the Commission. Those items were amendments proposed to certain of the Step 9 Processed Fruit and Vegetable Standards. Concerning the amendments relating to food colours, the Executive Committee was of the opinion that, in those cases where the Codex Commodity Committee had agreed that there was a technological need for the colours, when these were endorsed by the Codex Committee on Food Additives, they should automatically be included in the Standards.
Proposed Argentine Amendment to Rule XII.3
21. The Executive Committee noted that the government of Argentina had proposed an amendment to Rule XII.3 to make it obligatory on subsidiary bodies established under Rule IX.1(b) to work in English, French and Spanish. The Executive Committee, whilst appreciating the reasons for this proposal, wished to draw the Commission's attention to the fact that the Directors-General of the Organizations were to submit a report on the official and working languages of the two Organizations. Some members of the Executive Committee thought therefore that it would be inadvisable for the Commission to take a position on the proposal at this stage, pending receipt of the reports of the Directors-General and consideration of all the implications involved. The Executive Committee was of the view that as this item had been put forward for consideration by the Commission under Rule V.5, it should be discussed by the Commission at its Sixth Session.
Next Session
22. The Executive Committee expressed its appreciation of the kind invitation of the Government of Hungary to hold the Fourteenth Session of the Executive Committee in Budapest. The Executive Committee felt that it had to decline the invitation for a number of reasons, among which were the fact that only members of the Executive Committee could attend its sessions and that Hungary was not currently a member of the Executive Committee, and that it was an established practice for the Executive Committee to meet at the headquarters of either FAO or WHO. The Executive Committee requested the Chairman to reply to the Hungarian invitation.
