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Unit 1. Establishing and maintaining national Codex activities - Lesson 1. What is Codex page 1

ENHANCING PARTICIPATION IN CODEX ACTIVITIES

UNIT 1. ESTABLISHING AND MAINTAINING NATIONAL CODEX ACTIVITIES

LESSON 1. WHAT IS CODEX

NOTE

Please note that this PDF version does not have the interactive features offered through the courseware such as exercises with feedback, pop-ups, animations etc.

We recommend that you take the lesson using the interactive courseware environment, and use the PDF version for printing the lesson and to use as a reference after you have completed the course.

English Version 1.0 © FAO, 2008


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OBJECTIVES

At the end of this lesson, you will be able to:

• identify the main three main FAO/WHO activities related to food standards;

• be aware of how the Codex Alimentarius Commission was established and its recent history;

• understand the mandate of the Codex Alimentarius Commission; and

• identify the legal basis for that mandate.

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INTRODUCTION

The Codex Alimentarius Commission(commonly referred to as Codex) is the body established to develop food standards under the Joint FAO/WHO Food Standards Programme.

This lesson provides a brief history of the establishment of the Codex Alimentarius Commission, a review of its mandate, and also explain its legal basis (i.e. the statutes).


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INTRODUCTION

The Codex Alimentarius, or the food code, has become the global reference point for consumers, food producers and processors, national food control agencies and the international food trade.

The Codex Alimentarius system presents a unique opportunity for all countries to join the international community in formulating and harmonizing food standards and ensuring their global implementation.

The mandate of Codex is to establish international food standards to protect the health of consumer and to ensure fair practices in the food trade, while promoting coordination of food standards work undertaken by international governmental and non-governmental organizations.

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THE JOINT FAO/WHO FOOD STANDARDS PROGRAMME

The work of FAO (Food and Agriculture Organization of the United Nations) and WHO (World Health Organization) with respect to food standards consists of the following three independent yet complementary activities:

• the provision of scientific advice by expert bodies and meetings established by FAO and WHO;

• the provision of scientific advice by expert bodies and meetings established by FAO and WHO;

• the elaboration of food standards by the Codex Alimentarius Commission taking into consideration the scientific advice provided by FAO and WHO; and

• the elaboration of food standards by the Codex Alimentarius Commission taking into consideration the scientific advice provided by FAO and WHO; and

• the creation of capacity building programmes related to strengthening food control systems taking into account the standards developed by the Codex Alimentarius Commission.

• the creation of capacity building programmes related to strengthening food control systems taking into account the standards developed by the Codex Alimentarius Commission.

Click on each box for more information.


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Provision of scientific advice

FAO and WHO implement a joint programme to provide scientific advice to:

• the Codex Alimentarius Commission and its subsidiary bodies;• member countries.

FAO/WHO scientific advice is provided through two main mechanisms:

• expert bodies that have a permanent joint secretariat (e.g. theJoint FAO/WHO Expert Committee on Food Additives – JECFA); or

• ad hoc expert consultations or meetings established to address a specific food safety issue (e.g. The Joint FAO/WHO Expert Consultation on Evaluation of Allergenicity of Genetically Modified Foods).

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Elaboration of food standards

The Codex Alimentarius Commission develops science-based standards taking into account the scientific advice provided by FAO/WHO expert bodies and ad hoc consultations and meetings.

The Commission undertakes its standard setting work through a number of subsidiary bodies (Committees and Task Forces).


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FAO and WHO capacity building programmes

FAO and WHO also complement the work of the Codex Alimentarius Commission through well-established capacity-building programmes on food safety and quality.

In order to be in a position to implement and comply with Codex standards, countries need adequate food legislation, as well as an effective infrastructure (inspection and laboratory functions), with adequate technical and administrative support.

For many years, FAO and WHO have been providing assistance to developing countries to strengthen national food control infrastructures, and to assist countries to more effectively participate in the work of the Codex Alimentarius Commission.

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CODEX HISTORY

The Statutes of the Codex Commission were adopted by its parent organizations, FAO and WHO, and the Commission held its first meeting in Rome, Italy in June 1963.

The Codex Alimentarius Commission currently meets annually, and the meetings alternate between the headquarters of the two parent organizations; Rome, Italy (FAO) and Geneva, Switzerland (WHO).

A significant landmark in the history of Codex, 40 years after its creation, was the joint FAO/WHO Evaluation of the work of the Codex Alimentarius Commission, which took place in 2002.


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Establishing the Codex Alimentarius Commission

The FAO Conference, which is the governing body of FAO, adopted a resolution at its 11th Session (November 1961) to set up the Codex Alimentarius Commission.

During the 16th Session in May 1963, the World Health Assembly also adopted the Statutes of the Codex Alimentarius Commission.

The first session of the Codex Alimentarius Commission was held in Rome, Italy from 25th June to 3rd July, 1963.

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Evaluation of Codex

This “Codex Evaluation” covered all aspects of the food standards work of FAO and WHO, including capacity building and scientific advice.

The Commission considered the report of the Evaluation at an extraordinary session in February 2003, and expressed its commitment to the implementation of the recommendations it contained.

Since then, the necessary work has been implemented to amend the Rules of Procedure, and to initiate reform where needed.

The Evaluation Report is available on the Codex website at: www.codexalimentarius.net/web/evaluation_en.jsp


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The collection of food standards and related texts adopted by the Codex Alimentarius Commission is known as the Codex Alimentarius.

The term “Codex Alimentarius” is Latin and means “food code”.

The term “food standards” is used in its generic sense and includes all categories of Codex texts, i.e. standards, recommended codes of practice and guidelines.

Below are provided some examples of different types of Codex standards.

Code of hygienic practice for milk and milk products

Codex standard for avocado

Guidelines on the judgment of equivalence of sanitary measures

CODEX ALIMENTARIUS FOOD STANDARDS

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EXERCISE

The Codex Alimentarius Commission is an intergovernmental body providing a global reference point for developments associated with food standards. Which of the following is within its mandate?

Establishment of international food standards

Protect consumer health

Protect domestic food producers

Arbitrate in the event of a trade dispute

Ensure fair practices in the food trade

Please select the answers of your choice (2 or more) and press Check Answer.


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CODEX PROCEDURAL MANUAL

The Codex Procedural Manual is one of the most important Codex documents as it contains:

• the Statutes of the Commission;

• the Rules of Procedure; and

• additional procedural information relevant to how the Commission and its subsidiary bodies function.

The Commission can amend its Rules of Procedure and other text in the Codex Procedural Manual, but only the FAO Conference and the Health Assembly of WHO can amend its Statutes.

The Codex Procedural Manual is available online at: http://www.codexalimentarius.net/web/procedural_manual.jsp

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STATUTES OF THE CODEX

The Statutes of the Codex Alimentarius Commission:

• provide the legal basis for the Commission’s work;

• provide its mandate or terms of reference;

• describe the formal operating procedures; and

• reflect the concepts behind and reasonsfor the establishment of Codex.


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Statutes of Codex

There are 10 articles in the Commission’s Statutes which provide the legal foundation for the Commission’s operations.

The Statutes cover mandate, membership, observers, reports and recommendations, the Executive Committee, Rules of Procedure, the establishment of Subsidiary Bodies and allowable operating expenses.

The Statutes can be found in Section I of the Codex Procedural Manual, available on line at: http://www.codexalimentarius.net/web/procedural_manual.jsp

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STATUTES OF THE CODEX - THE MANDATE

Article 1 – Mandate

(a) Protecting the health of consumers and ensuring fair practices in the food trade.

(b) Coordinating all food standards work undertaken by international governmental and non-governmental organizations.

(c) Determining priorities and initiating and guiding the preparation of draft standards.

(d) Finalizing standards and publishing them in a Codex Alimentarius either as regional or worldwide standards.

(e) Amending published standards, after appropriate survey in the light of developments.

The mandate of the Codex Alimentarius Commission is clearly specified in the first article of its Statutes:


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The second article of the Statutes provides guidance as to who may become members of Codex:

STATUTES OF THE CODEX - MEMBERSHIP

Conditions of membership

The updated list of the Codex Commission’s Member Countries is available online at: http://www.codexalimentarius.net/web/members_area.jsp?lang=EN

View and print the Notification of membership form

Article 2 – Membership

Membership of the Commission is open to all Member Nations and Associate Members of FAO and WHO that are interested in international food standards. Membership shall comprise such of these nations as have notified the Director-General of FAO or of WHO of their desire to be considered as Members.

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Membership conditions

In order to become a Member of the Codex Alimentarius Commission, there are two conditions that must be met:

1. The country must be a Member of either FAO or WHO. 2. The country must notify either the Director-General of

FAO or of WHO of its wish to become a Member.

It should also be noted that membership is limited to countries only – the exception being regional economic integration organizations (i.e. the European Community).


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Another important article of the Statutes is the sixth, which provides for the establishment of an Executive Committee which functions as the executive organ of the Commission:

STATUTES OF THE CODEX - EXECUTIVE COMMITTEE

Article 6 – Executive Committee

The Commission shall establish an Executive Committee whose composition should ensure an adequate representation of the various geographical areas of the world to which the Members of the Commission belong. Between sessions, the Executive Committee shall act as the executive organ of the Commission.

More about Article 6

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Article 6 – Codex Executive Committee

This Article provides for ongoing management of the Codex process between sessions of the Commission.

The Executive Committee cannot make decisions on behalf of the Commission(e.g. authorize new work, adopt standards), but it has responsibility for strategic planning, budgeting and managing the standards elaboration process.


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EXERCISE

Which of the following criteria must be satisfied in order for a country to become a member of the Codex Alimentarius Commission?

Please select the answers of your choice (2 or more) and press Check Answer.

The country must be a member of the WTO.

The country must be a member of FAO and WHO.

The country must notify the Director-General of FAO or of WHO that they would like to be a member.

The country must be a member of FAO or of WHO.

The country must submit an application to the Director-General of FAO or of WHO along with the applicable fees.

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EXERCISE

The Codex Alimentarius Commission has clear statutes which govern its structure and organization. Which of the following is the correct statement?

Before a new member joins the Codex Alimentarius Commission, its request for accession needs to be approved by the Commission.

The statutes are amended every five years.

The Statutes can be amended by FAO and WHO.

Please click on the answer of your choice.


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As it is wise for those involved in the work of Codex to be familiar with the Statutes, all ten Articles are summarized below.

STATUTES OF THE CODEX – THE TEN ARTICLES

Click on the buttons to view the Articles View and print the Statutes

2 - Membership2 - Membership

1 - Mandate1 - Mandate

3 - Observers (FAO or WHO Members Nations)3 - Observers (FAO or WHO Members Nations)

5 - Reports and recommendations 5 - Reports and recommendations

7 - Other subsidiary bodies7 - Other subsidiary bodies

8 - Rules of Procedures 8 - Rules of Procedures

4 - Observers (other UN Member Nations)4 - Observers (other UN Member Nations)

6 - Executive Committee 6 - Executive Committee

9 - Expenses (Commission and subsidiary bodies) 9 - Expenses (Commission and subsidiary bodies)

10 - Expenses (preparatory work) 10 - Expenses (preparatory work)

Article 1 – MandateThe Codex Alimentarius Commission shall be responsible

for making proposals to, and shall be consulted by, the Directors-General of FAO and WHO on all matters pertaining to the implementation of the Joint FAO/WHO Food Standards Programme, the purpose of which is:

(a) Protecting the health of consumers and ensuring fair practices in the food trade.

(b) Coordinating all food standards work undertaken by international governmental and non-governmental organizations.

(c) Determining priorities and initiating and guiding the preparation of draft standards.

(d) Finalizing standards and publishing them in a Codex Alimentarius either as regional or worldwide standards.

(e) Amending published standards, after appropriate survey in the light of developments.

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EXERCISE

Please click on the answer of your choice.

True

False

The legal basis for Codex work is provided in the Rules of Procedure (contained in the The Codex Procedural Manual ).


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JOB AIDS AND DOCUMENTS

Click on the icon to download and print the following documents.

Code of hygienic practice for milk and milk products

Codex standard for avocado

Guidelines on the judgement of equivalence of sanitary measures

Notification of membership form

Statutes of the Codex Alimentarius Commission

Examples of Codex standards:

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SUMMARY

FAO and WHO have established the Joint FAO/WHO Food Standards Programme, for the elaboration of international food standards.

The Codex Alimentarius Commission is an intergovernmental body established to develop food standards under the Joint FAO/WHO Food Standards Programme.

The collection of food standards and related texts adopted by the Codex Alimentarius Commission is known as the Codex Alimentarius.

The Codex Procedural Manual contains the Statutes of the Commission, its Rules of Procedure,and additional procedural information relevant to how the Commission and its subsidiary bodies function.

One of the primary mandate of the Codex Commission is to protect the health of consumers and ensure fair practices in the food trade.

In order for a country to become a member of the Codex Alimentarius Commission, the country must be a member of either FAO or of WHO and it needs to notify either the Director-General of FAO or of WHO that it wishes to become a member.

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