Composition of Executive Committee
97. The Delegation of China, referring to the comment made by the Delegation of the Republic of Korea at the 23rd Session of the Commission, proposed that the term of Regional Representatives should be shortened to 2 years to make it compatible with that of the Chairperson and Vice-chairpersons of the Commission. He also proposed to increase the number of membership of the Executive Committee or to increase the number of advisors to improve the representation of the Regions[36].
98. The Delegation of Malaysia, supported by the Delegation of the Republic of Korea, also proposed to increase the number of advisors accompanying a Regional Representative by 2 so as to promote better input from and collaboration among Member countries in the Region. The Delegation also suggested that selection criteria for advisors be elaborated.
99. The Observer from CI referred to the discussion at the 23rd Session of the Commission[37] and stressed the need to allow consumer organizations as observers at the Executive Committee to make its proceeding as transparent as possible. He also referred to the inquiry of the Delegation of Japan at that session as to whether members could be “observers” at the Executive Meetings and stated that the Commission had asked its Secretariat to consult legal counsels and offices of the Directors-General of FAO and WHO on these matters and report to the Codex Committee on General Principles (CCGP).
100. The Delegation of India, however, expressed the view that admitting too many members would hamper the work of the Executive Committee and that if transparency and fair regional representation were ensured, there would be no need for expanding the membership. The Delegation of the Philippines also expressed concerns due to the apparent lack of clear demarcation between the responsibilities of Regional Representatives and those of Coordinators. These views were supported by the Delegation of Nepal.
101. As no consensus was reached and as the Commission requested the CCGP to consider the composition of the Executive Committee[38], the Committee urged those interested Member countries to raise their concerns and proposals at the next session of the CCGP in April 2000.
Need for Improved Cooperation and Interaction among Member Countries in Relation to the Work of Codex
102. The Delegation of Japan presented CRD 12. Referring to the inclusion of “mineral water” in the Proposed Draft Standard for Bottled/Packaged Waters other than Natural Mineral Waters, the Delegation proposed certain measures to improve performances of the Asian Region in the elaboration of Codex standards, including transmitting information, comments and concerns to the Regional Representative for Asia.
103. The Delegation of the Philippines expressed the view that advising the Executive Committee of the views of countries in the Region was rather the responsibility of the Coordinator as stipulated in Rule 4.©(ii) and the responsibilities of Representatives should be of more global and general nature. Several delegations agreed that a clear description was necessary on the responsibilities of Regional Representatives.
104. The Delegation of India requested that work should be initiated within Codex to provide guidelines to establish a data base at national levels on importing countries’ legislation to facilitate exports. It was further stated that guidance to develop such a data base did not conflict with the terms of reference of Codex. A periodic interaction between Members of the Region would help in confirming that application of such legislation was uniform and in harmony with Codex standards. The Committee was informed that assistance for the preparation of such a data base would be sought from FAO, WHO and WTO.
105. The Committee agreed to the following recommendations based on the proposals of India and Japan:
- The Committee should request the CCGP to specify the responsibilities of Regional Representatives so as to clearly distinguish their duties from those of Coordinators:Need for Consensus in Elaborating International Standards- Member countries should help the Regional Representative for Asia and Coordinator for Asia more actively contribute in the Executive Committee by transmitting information, comments and concerns to one of them, as appropriate, to enable him/her to address those problems faced by Member countries;
- Member countries should be encouraged to submit written comments in response to circular letters and working papers so that the Asian conditions and opinions would be known to the Codex committees concerned;
- Member countries should seek opportunities and mechanisms to exchange information, comments, data and concerns and to increase communication between them;
- Member countries should try to develop jointly necessary data for the elaboration of Codex recommendations;
- FAO and WHO should be encouraged to associate with research institutions of developing countries in coordinating studies for generating epidemiological and other related data to be utilized in the elaboration of Codex standards so as to make them truly worldwide standards: and
- FAO and WHO should invite scientists and experts of developing countries to JECFA, JMPR and expert consultations.
106. The Delegation of Malaysia presented Part II of CRD 17 and proposed that: the Codex Rules of Procedure be amended to define consensus in line with the definition of WTO; if voting was necessary, decisions should be taken by a two-thirds majority of the votes cast both at the Commission and Committee levels; and all written comments received before the meeting should be systematically tabled for discussion at Codex meetings and decisions made should take into account these comments made.
107. There seemed to be general support for the use of a two-thirds majority. However, several delegations expressed concerns about voting rights of countries not present at sessions of the Commission or Committees. As the paper became available at the Session and as the issue would be on the agenda of the forthcoming session of the CCGP, the Committee requested Malaysia to express its opinions at that session and encouraged other countries to study the paper before that session.
Special and Differential Treatment to Developing Countries
108. The Delegation of Malaysia presented Part I of CRD 17 and emphasized that special considerations should be given to the needs and conditions of developing countries during the elaboration of Codex standards and other recommendations; and Codex recommendations should not create obstacles to exports of developing countries. The Delegation proposed that Rule X of the Rules of Procedure be amended to reflect these needs.
109. Some delegations expressed their support in principle. However, it was emphasized that the Codex standards should be based on science and this principle should not be abandoned. It was stated that since one of the objectives of Codex standards was to facilitate trade, the second proposal did not seem necessary. The Delegation of Malaysia clarified that the proposal did not compromise the need for food safety.
110. The Committee was informed that a Codex circular letter[39] on the revision of the Code of Ethics for International Trade had been distributed to Member countries for comments, in which the consideration of special and differential treatment of developing counties was mentioned. The Delegation of Malaysia and other delegations were invited to send written comments to the Secretary of the Codex Alimentarius Commission by the middle of December. As the CRD 17 became available at the session, and as the issue would be on the agenda of the forthcoming session of the CCGP, the Committee requested Malaysia to express its opinions at that session and encouraged other countries to study the paper before that session
