Codex Alimentarius Commission (33 rd Session)

Transcription

1 Codex Alimentarius Commission (33 rd Session) Geneva 5-9 July 2010 FINAL European Union Positions 1

2 Agenda item 1 CX/CAC 10/33/1 Adoption of the Agenda Member States Competence / Member States Vote The Member States of the European Union (MSEU) have no additional items to be added to the agenda. According to the Rule of Procedure II.5 of the Codex Alimentarius Commission, the annotated agenda indicating the division of competence and right to vote between the European Union and its Member States in respect of each particular agenda item will be made available as a CRD. Agenda item 2 Report by the Chairperson on the 63rd and 64th Sessions of the Executive Committee ALINORM 10/32/3 and ALINORM 10/32/3 A Member States Competence / Member States Vote Important points raised at the CCEXEC 63: o Guidelines on the application of the criteria for the establishment of work priorities: CCEXEC 63 agreed on Guidelines on the Application of the Criteria for the Establishment of Work Priorities (Criteria applicable to commodities) to be included in the Procedural Manual after the section dealing with the Criteria for the Establishment of Work Priorities. To be kept in mind: the note on the development of regional standards for which the relevant coordinating committee has to provide welldocumented and objective evidence that there is significant intra-regional trade and that there is no significant trade between or within other regions. The objective is to avoid the development of more than one standard for similar products in different regions. o Critical Review: CCFL GM labelling and Draft Amendment to the General Standard for the Labelling of Pre-packaged Foods: Definitions: At CCFL 38, it was agreed to hold a facilitated work session in Brussels (15-16 November 2010) chaired by Ghana and facilitated by the Chairperson of CCFL with the goal of 2

3 exploring the objectives of different delegations and reconcile them in one text if possible. o Critical Review: CCRVDF: Ractopamine + Standards held at Step 8: See EU position under Agenda item 4 Part 3. o CCFH: campylobacter and salmonella Main points on the Agenda of CCEXEC 64: o Critical Review for the Elaboration of Codex Standards and Related Texts o Proposals for the Elaboration of New Standards and Related Texts and for the Discontinuation of Work o Financial and Budgetary Matters o Evaluation of the Capacity of the Codex Secretariat o Study on the speed of the Codex standard-setting process o Relations between the Codex Alimentarius Commission and other International Organizations : Applications from International Non-governmental Organizations for Observer Status in Codex o FAO/WHO Project and Trust Fund for Enhanced Participation in Codex: the mid-term review highlighted the positive aspects of the system and the perspectives to improve it. Agenda item 3 Proposed Amendments to the Procedural Manual CX/CAC 10/33/2 and CX/CAC 10/33/2 Add. 1 1) CCFA Revision of the Section on Format for Codex commodity standards (Food Additives) in Section II Elaboration of Codex texts, ALINORM 10/33/12, para 15 Mixed Competence / Member States Vote. The European Union and its Member States (EUMS) support the proposed revision. Background The CCFA agreed to revise the "Format for Commodity Standards" (Section II "Elaboration of Codex text" of the Procedural Manual) by including the following text at the end of the section on food additives: 3

4 This section should contain the following reference to the Guidelines for the use of flavourings (CAC/GL ), as appropriate: The flavourings used in products covered by this standard should comply with the Guidelines for the use of flavourings (CAC/GL ). The proposed revision was endorsed by the CCGP 26. 2) CCFH - Proposed draft risk analysis principles and procedures applied by the Codex Committee on Food Hygiene Mixed Competence / Member States Vote. The EUMS support the risk analysis principles and procedures. After a lengthy period of time, CCFH 41 finally agreed on the draft text and submitted it for endorsement to CCGP. 3) CCGP - Proposed amendment to the Guidelines to Chairpersons of Codex committees and ad hoc intergovernmental task forces Member States Competence / Member States Vote. The Member States of the European Union (MSEU) support the proposed amendment. This is a continuation of the lengthy discussion on the definition of consensus. Some delegations have insisted on developing a definition for consensus because in their view it would add transparency in the Codex decision making process. Many other delegations, including the MSEU, were not in favour of creating such a definition as in their view a rigid definition for consensus could be counterproductive for the Codex decision making. As there was not enough support for creating a definition for consensus at CAC 32, Malaysia proposed additional text to be inserted in the Guidelines to Chairpersons in the Procedural Manual containing elements of earlier proposals for a consensus definition. CCGP 26 agreed to insert the Malaysian proposal to the Procedural Manual: " Where there is opposition to an issue under discussion, the chairperson should ensure that the views of concerned members be taken into consideration by striving to reconcile conflicting arguments before deciding whether consensus has been reached. 4

5 4) CCGP - Proposed amendment to the Guidelines to Host Governments of Codex Committees and Ad Hoc Intergovernmental Task Forces Member States Competence / Member States Vote. The MSEU support the proposed amendment. This proposal formalises the procedures concerning co-hosting of Codex committees by adding them in the Procedural Manual. 5) CCEXEC - Proposed amendment to the Criteria for the establishment of work priorities and inclusion of new Guidelines on the application of the Criteria for the establishment of work priorities applicable to commodities Member States Competence / Member States Vote. The MSEU support the proposed amendment. An electronic working group led by the Chair and the Vice-Chairs (the Bureau) developed guidance on the application of the Criteria for the Establishment of Work Priorities. The draft document was sent to all members of the Executive Committee for comments. CCEXEC recommended to the Commission to include the Guidelines on the Application of the Criteria for the Establishment of Work Priorities Applicable to Commodities as proposed in the working document, with a small editorial change, in the Procedural Manual after the Criteria for the Establishment of Work Priorities. The Committee also agreed to propose to the Commission to amend the Criteria as proposed in the working document (see Appendix II to this report) The Executive Committee additionally agreed: (1) That when evaluating new work proposals from Regional Committees, it would take careful consideration of the Note under paragraph 2(a) of the Guidelines on the Application of the Criteria for the Establishment of Work Priorities Applicable to Commodities. This Note states that...the coordinating committee concerned should provide well-documented and 5

6 objective evidence that there is significant intraregional trade, and that there is no significant trade, between or within other regions. (2) To advise CCPFV and CCFFV to reconsider developing committeespecific decision making and priority setting criteria, as specified in the Codex Strategic Plan Goal 3 (Activity 3.3), including the need for revision or amendment of existing standard. To be kept in mind: the note on the development of regional standards for which the relevant coordinating committee has to provide well-documented and objective evidence that there is significant intra-regional trade and that there is no significant trade between or within other regions. The objective is to avoid the development of more than one standard for similar products in different regions. Agenda item 4 Draft Standards and Related Texts at Step 8 of the Procedure (including those submitted at Step 5 with a recommendation to omit Steps 6 and 7 and those submitted at Step 5 of the Accelerated Procedure) CX/CAC 10/33/3 and CX/CAC 10/33/3 Add. 1 (SEPTEMBER 2009 TO MARCH 2010) Part 1 Standards and related texts submitted for adoption at Step 8, at Step 5 of the Accelerated Procedure and Step 5/8 1) CCFFV - DRAFT SECTION 6 MARKING OR LABELLING (DRAFT STANDARD FOR BITTER CASSAVA) (STEP 8) (ALINORM 10/33/35 PARA. 23 AND APPENDIX II) 1 The European Union (EU) supports the adoption of Draft Section 6. 1 Note: The draft Standard for Bitter Cassava was held at Step 8 by the 31 st Session of the Commission pending the finalization of the labelling provisions (ALINORM 08/31/REP, para. 38). 6

7 CAC 32 sent the labelling rules of the draft standard for bitter cassava back to CCFFV because, unless properly treated, this plant contains cyanogenic glycosides. CCFFV 15 agreed on additional safety instructions for the labelling of bitter cassava and sent the draft standard for the endorsement by CCFL and for final adoption to CAC. The EU notes that the Joint FAO/WHO Expert Committee on Food Additives (JECFA) is currently reviewing available data on the occurrence of cyanogenic glycosides in foods and feeds, the mechanisms of releasing hydrogen cyanide in the human body and the effects of processing on reducing levels of hydrogen cyanide in the final product and that the Committee on Contaminants in Foods (CCCF) will provide risk management options based on the outcome of the risk assessment performed by JECFA. When all this process would be completed, the labelling provisions for bitter cassava could be reviewed if necessary. CCFL38: Consideration of Labelling provisions in standards elaborated by other committees: The labelling provisions for bitter cassava were endorsed as proposed without discussion. 2) CCFFV - DRAFT STANDARD FOR APPLES (STEP 8) - ALINORM 10/33/35, PARA. 47 AND APPENDIX III The EU supports the adoption of the Draft Standard for Apples. The draft Codex standard on apples has been discussed for 10 years. The reason for the delay is that apples are a very important commodity for many Codex members and it has been difficult to agree on common quality parameters. EXEC 62 set a deadline for the final adoption of the standard in Under the pressure, CCFFV 15 managed to agree on the necessary compromises as regards the quality parameters and the text was sent for final adoption. The text of the draft standard is a result of lengthy and difficult technical discussions where all parties had to compromise. The text should not be re-opened at this final stage. Instead, it should be adopted as it currently stands. CCFL38: Consideration of Labelling provisions in standards elaborated by other committees: The labelling provisions for apples were endorsed as proposed without discussion. 7

8 3) CCFFP - DRAFT CODE OF PRACTICE FOR FISH AND FISHERY PRODUCTS (LOBSTERS AND CRABS AND RELEVANT DEFINITIONS) OF THE CODE OF PRACTICE FOR FISH AND FISHERY PRODUCTS (STEP 8) - ALINORM 10/33/18 PARAS 27 AND 47, APPENDIX II Mixed Competence / European Union Vote The EUMS support the adoption of the Sections on Lobsters and Crabs and Relevant Definitions at Step 8. The most difficult issue for this item was in relation to the use of (hyper) chlorinated water. In order to find a way forward for the two documents under discussion, it was agreed to move the text on the use of chlorinated water to the general part of the Code for further discussion. 4) CCFFP - DRAFT STANDARD FOR STURGEON CAVIAR (STEP 8) - ALINORM 10/33/18 PARA. 68, APPENDIX V Mixed Competence / Member States Vote The EUMS support the adoption of the Standard for Sturgeon Caviar at Step 8. The most controversial issue concerned the inclusion of ovulated eggs in the scope of the Standard. Finally, an agreement was found to include ovulated eggs in the scope subject to labelling requirements and provisions on residues of veterinary drugs (hormones to induce ovulation). CCFL38: Consideration of Labelling provisions in standards elaborated by other committees: The labelling provisions for sturgeon caviar were endorsed as proposed without discussion. 5) CCNFSDU - LIST OF METHODS FOR DIETARY FIBRE (STEP 8) - ALINORM 10/33/26, PARA. 49, APPENDIX II Mixed Competence / Member States Vote 8

9 The EUMS support the adoption of the list of methods for dietary fibre. Background Following the adoption in 2009 of the provisions for dietary fibre in the Table of Conditions for Claims in the Guidelines for Use of Nutrition and Health Claims, the CCNSFDU at its last session, finalised an updated list containing the methods of analysis for dietary fibre. The main discussions at the CCNFSDU were focused on the need to include type II methods (this question was referred to the CCMAS), which methods should be listed (general methods or all the potential methods) and if the standard should refer to "all foods" or "individual foods. CCMAS 31: The list was forwarded to the CCMAS for endorsement, which amended in particular the types of methods: Most methods from CCNFSDU were endorsed as type IV and clarification on their scope was requested. 6) CCFH - PROPOSED DRAFT ANNEX ON LEAFY GREEN VEGETABLES INCLUDING LEAFY HERBS TO THE CODE OF HYGIENIC PRACTICE FOR FRESH FRUITS AND VEGETABLES (N ) (STEP 5/8) - ALINORM 10/33/13, PARA. 85, APPENDIX II Mixed Competence / European Union Vote The EUMS support the adoption of the proposed draft Annex on leafy green vegetables. The document was elaborated by an electronic Working Group (e-wg) chaired by the US and it was discussed in detail at CCFH 41. CCFL38 endorsed the labelling provisions as proposed. 7) CCFH - PROPOSED DRAFT CODE OF HYGIENIC PRACTICE FOR PATHOGENIC VIBRIO SPP. IN SEAFOOD (N ) (STEP 5/8) - ALINORM 10/33/13, PARA. 98, APPENDIX III Mixed Competence / European Union Vote The EUMS support the adoption of the proposed draft code of hygienic practice for Vibrio in seafood. 9

10 The document was elaborated by two physical working groups chaired by Japan and was successfully finalised at CCFH 41. CCFL38 endorsed the labelling provisions as proposed. 8) CCFH - PROPOSED DRAFT ANNEX ON CONTROL MEASURES FOR VIBRIO PARAHAEMOLYTICUS AND VIBRIO VULNIFICUS IN MOLLUSCAN SHELFISH (N ) (STEP 5/8) - ALINORM 10/33/13, PARA. 109, APPENDIX IV Mixed competence / European Union vote The EUMS support the adoption of the proposed draft Annex on control of Vibrio in molluscan shellfish. The document was elaborated by a physical working group chaired by Japan and was successfully finalised at CCFH 41. 9) CCMMP - DRAFT AMENDMENT TO THE CODEX STANDARD FOR FERMENTED MILKS (CODEX STAN ), PERTAINING TO DRINKS BASED ON FERMENTED MILK (STEP 8) - ALINORM 10/33/11, PARA. 39 AND APPENDIX II Mixed Competence / Member States Vote The EUMS support the amendment to the Codex Standard for fermented Milks. The purpose of this work was to amend the Standard on Fermented Milks in order to include drinks based on fermented milk. This was done at the request of Asian countries in which this kind of products is widespread (they also exist in Europe, e.g. Yakult). CCFL38: Consideration of Labelling provisions in standards elaborated by other committees: The labelling provisions for drinks based on fermented milks were endorsed as proposed without discussion. 10

11 10) CCFICS - PROPOSED DRAFT PRINCIPLES AND GUIDELINES FOR THE CONDUCT OF ASSESSMENT OF FOREIGN OFFICIAL INSPECTION AND CERTIFICATION SYSTEMS (ANNEX TO THE GUIDELINES FOR THE DESIGN, OPERATION, ASSESSMENT AND ACCREDITATION OF FOOD IMPORT AND EXPORT INSPECTION AND CERTIFICATION SYSTEMS (CAC/GL ) (N (STEP 5/8) - ALINORM 10/33/30, PARA. 39 AND APPENDIX II Mixed Competence / European Union Vote The EUMS support the adoption of the proposed draft principles and guidelines for the conduct of assessment of foreign inspection and certification systems. The draft guidelines have been elaborated in two physical working groups chaired by Australia and were thoroughly discussed at CCFICS 18. The final document makes it clear that 'systems based audits' are a preferred tool for assessments while inspections can also be used in some instances. 11) CCMAS - PROPOSED DRAFT GUIDELINES ON PERFORMANCE CRITERIA AND VALIDATION OF METHODS FOR DETECTION, IDENTIFICATION AND QUANTIFICATION OF SPECIFIC DNA SEQUENCES AND SPECIFIC PROTEINS IN FOODS N (STEP 5/8) - ALINORM 10/33/23 PARA. 33, APPENDIX III The EU supports the adoption at Step 5/8 of the Proposed Draft Guidelines on Performance Criteria and Validation of Methods for Detection, Identification and Quantification of Specific DNA sequences and Specific proteins in Foods. In addition, the EU believes the excellent web-based tool developed by Argentina to coordinate the e- WG should be made available for use in other e-wgs. After very extensive and difficult discussions the Proposed Draft Guidelines were forwarded to the CAC for final adoption at step 5/8. Argentina did a very good job chairing the in-session working group, both during the ewg prior to the session and during the in-session physical WG. 11

12 12) CCFA - DRAFT AND PROPOSED DRAFT FOOD ADDITIVE PROVISIONS OF THE GENERAL STANDARD FOR FOOD ADDITIVES (GSFA) (STEPS 8 AND 5/8) - ALINORM 10/33/12 PARAS 19, 31, 62 AND APPENDIX III The EU would like to reiterate its reservation to the decision of setting a ML of 350 mg/kg of Cyclamic acid and its salts in food category In addition, the EU wishes to repeat its opposition related to the addition of new provisions for Ponceau 4R at this stage due to safety concerns. The EU is of the opinion that this decision should be postponed until JECFA has conducted the review of its safety assessment. Cyclamates (cyclamic acid): The EU does not support the ML of 350 mg/kg in food category (water based flavoured drinks, including "sport", "energy" or "electrolyte" drinks and particulated drinks. The EU considers that the level is too high and 250 mg/kg would be sufficient and in addition it should only be added to energy reduced drinks or drinks with no added sugar. Ponceau 4R: A recent EFSA opinion has been published which drastically lower down the ADI for Ponceau 4R to newly assigned ADI of 0.7 mg/kg bw. EFSA also underlines the potential exceedence of the newly assigned ADI for both children and adults. At the request of the EU, the CCFA agreed to include Ponceau 4R in the priority list of compounds proposed for evaluation by JECFA (with high priority) to carry out a review of its safety assessment. 13) CCFA - PROPOSED DRAFT GUIDELINES ON SUBSTANCES USED AS PROCESSING AIDS N (STEP 5/8) -ALINORM 10/33/12 PARA. 125, APPENDIX VIII Mixed Competence / Member States Vote The EUMS support the adoption of the Proposed Draft Guidelines on substances used as processing aids at Step 5/8. 12

13 Background The main issues at the CCFA 42 were related to the scope, "removal" of the processing aids in the final product and the legitimacy of the inventory of substances used as processing aids (IPA). It was agreed to develop a database on information on processing aids and to remove any reference to the IPA in the document. Consequently, the original IPA should be revoked by the CAC ) CCFA - PROPOSED DRAFT AMENDMENTS TO THE INTERNATIONAL NUMBERING SYSTEM FOR FOOD ADDITIVES (STEP 5/8) - ALINORM 10/33/12 PARA. 134, APPENDIX IX Mixed Competence / European Union Vote The EUMS support the adoption of the Proposed Draft amendments to the International numbering system for food additives at Step 5/8. Background All the recommendations of the in-session WG chaired by Finland were endorsed by the CCFA. The proposed draft amendments were forwarded to the CAC 33 for adoption at Step 5/8. The Committee agreed to set up an e-wg chaired by Finland, to prepare proposals for changes in the INS list, to address concerns from industry on the use of the term "caustic" which is assigned to caramel (which could mislead the consumers) and to consider deletion of the reference to technological purposes from the parent food additives in section 3. 15) CCFA - PROPOSED DRAFT SPECIFICATIONS FOR THE IDENTITY AND PURITY OF FOOD ADDITIVES ARISING FROM THE 71 ST MEETING OF JECFA (STEP 5/8) - ALINORM 10/33/12 PARA. 142, APPENDIX X Mixed Competence / European Union Vote The EUMS support the adoption of the Proposed draft Specifications for the identity and purity of food additives arising from the 71st Meeting of JECFA at Step 5/8. The EU has no objections regarding the outcomes of the proposed specifications. 13

14 Part 2 Other standards and related texts submitted for adoption 1) CCMMP - REVISED FOOD ADDITIVE LISTINGS IN STANDARDS FOR MILK AND MILK PRODUCTS (ALINORM 10/33/11 PARA. 74 AND APPENDIX IV) The EU supports the maximum level of 30 mg/kg expressed as pure Lycopene as endorsed by CCFA 42. Inconsistencies in food additive provisions were corrected in 29 standards for milk and milk products. The most controversial issue for the EU concerned the Use of lycopenes in fermented milks. The CCMMP agreed that the types of lycopenes included synthetic lycopene, lycopene from tomato and lycopene from Blakeslea trispora. The EU reiterated its concerns as regards the level of 500 mg/kg which is not justified from a technological point of view (The EU industry has indicated that 30 mg/kg are sufficient for the required colouring effect in flavoured milk product). CCFA 42: Due to the EU opposition to the adoption of the maximum use level (ML) of 500 mg/kg of Lycopene in the Codex standard for fermented milks the CCFA did not endorse the maximum level proposed by the CCMMP. The CCFA noted that "lycopene from tomato (INS 160d(ii)) contained approximately 5% of lycopenes, compared with the synthetic lycopene (INS 160d(i)) and lycopene from Blakeslea trispora (INS 160d(iii)) that contained approximately 95% of lycopene. Since the ADI for lycopenes was expressed as lycopene, for consistency with the ADI, the Committee agreed to endorse a maximum level of 30 mg/kg, expressed as pure Lycopene". 2) CCMMP - REVISED MODEL EXPORT CERTIFICATE FOR MILK AND MILK PRODUCTS (CAC/GL ) (ALINORM 10/33/11 PARA. 95 AND APPENDIX V) Mixed Competence / European Union Vote The EUMS support the adoption of the revised Model Export Certificate for Milk and Milk Products. 14

15 Following the final adoption by the CAC 32 of the Generic Model Certificate, it was necessary to align the existing model export certificate for milk and milk and milk products. The CCMMP agreed on a series of alignments to make the two documents compatible. It was recommended that CCFICS take into account the specificities of the milk certificate in a future revision, which might allow, when completed, proposing the revocation of the milk certificate. 3) CCMMP - REVISED SECTION ON CONTAMINANTS IN STANDARDS FOR MILK AND MILK PRODUCTS (ALINORM 10/33/11 PARA. 105) The EU supports the proposed revision of the sections on contaminants in the standards for milk and milk products Review of contaminants section in standards for milk and milk products At the 32nd Session, CAC agreed to replace the provisions for contaminants (including pesticides) with the standardized provision as set out in the Procedural Manual for consistency throughout Codex standards and referred the matter to the Committees concerned when specific technical issues arose that required more than editorial changes to the section on contaminants. CCMMP questioned whether the standard wording adopted by the Commission for provisions on contaminants might not be applicable for milk and milk products. CCMMP agreed to forward the following wording to the 33rd Session of the Commission for adoption and inclusion in standards for milk and milk products, subject to endorsement by the relevant Codex Committees. For inclusion in Section 5 of the milk product standards: The products covered by this Standard shall comply with the Maximum Levels for contaminants that are specified for the product in the Codex General Standard for Contaminants and Toxins in Foods (CODEX STAN ). The milk used in the manufacture of the products covered by this Standard shall comply with the Maximum Levels for contaminants and toxins specified for milk by the Codex General Standard for Contaminants and Toxins in Foods (CODEX STAN ) and with the maximum residue limits for veterinary drug residues and pesticides established for milk by the CAC. 15

16 For inclusion in Section 5 of CODEX STANs , and (blends of milk and vegetable fat) The products covered by this Standard shall comply with the Maximum Levels for contaminants that are specified for the product in the Codex General Standard for Contaminants and Toxins in Foods (CODEX STAN ). The milk used in the manufacture of the products covered by this Standard shall comply with the Maximum Levels for contaminants and toxins specified for milk by the Codex General Standard for Contaminants and Toxins in Foods (CODEX STAN ) and with the maximum residue limits for veterinary drug residues and pesticides established for milk by the CAC. The vegetable oils/fat used in the manufacture of the products covered by this Standard shall comply with the Maximum Levels for contaminants and toxins specified for the oils/fats by the Codex General Standard for Contaminants and Toxins in Foods (CODEX STAN ) and with the maximum residue limits for pesticides established for the oils/fats by the CAC. CCCF4: The proposed sections were endorsed by CCCF noting that they were for purposes of consistency and technical correctness. 4) CCMAS - METHODS OF ANALYSIS IN CODEX STANDARDS AT DIFFERENT STEPS, INCLUDING METHODS OF ANALYSIS FOR NATURAL MINERAL WATERS (ALINORM 10/33/23 PARA , APPENDIX II) Mixed Competence / Member States Vote The EUMS support the adoption of all the proposed methods of analysis for the health related substances in Section 2 of the Standard for Natural Mineral Waters. Following comments sent in response to the Codex CL 2009/12-MAS requesting information on methods of analysis for natural mineral waters, it was decided to update the methods listed by Codex Standard 234. It was noted that some of these methods were outdated and the Committee agreed that the current methods for health related substances would be replaced with the methods reviewed at the current session. The Committee agreed to submit the methods of analysis for the health related substances in Section 2 of the Standard for Natural Mineral Waters for adoption by the 33rd Session of the Commission. 16

17 5) CCFA - AMENDMENT TO THE NAME AND DESCRIPTORS OF FOOD CATEGORIES 06.0, 06.2 AND OF THE GSFA (ALINORM 10/33/12, PARA 16) The EU supports the amendment. Background Food category of the GSFA for sago flour: the CCFA 42 agreed to clarify the scope of category to include sago flour and to revise the title of food category 06.0 in line with this decision. 6) CCFA - DELETION OF NOTE 180 EXPRESSED AS BETA-CAROTENE IN ALL ADOPTED AND PROPOSED PROVISIONS FOR CAROTENOIDS (INS 160A(I), (III), E, F) AND CAROTENE, BETA- (VEGETABLE) (INS 160A(II)) OF THE GSFA (ALINORM 10/33/12, PARA. 61 ) The EU supports the deletion of this note. The current draft provisions on carotenoid and carotene show a lack of consistency with regard the use of the note 180 expressed as beta carotene. In a number of food categories where these food additives are permitted or under discussion, the note 180 was missing. It was considered that this note was not necessary because the reference to beta carotene for the calculation of the food additive concentration was considered unambiguous. Therefore, in order to prevent discrepancies and confusions, it was considered appropriate to delete the note 180 in all categories of food where carotenoids and carotene provisions apply. 7) CCFA - AMENDMENT OF THE PROVISION FOR ASCORBYL ESTERS (INS 304, 305) IN FOOD CATEGORY 13.2 COMPLEMENTARY FOODS FOR INFANTS AND YOUNG CHILDREN OF THE GSFA (ALINORM 10/33/12, PARA. 90) 17

18 The EU supports the amendment. The proposed amendment to the adopted provision for ascorbyl esters (INS 304, 305) in food category 13.2 (complementary food for infants and young children") is to add note 15 "Fat or oil basis" for consistency with the Standard for Canned Baby Foods (CODEX STAN ) and the Standard for Processed Cereal-based Foods for Infants and Children (CODEX STAN ). 8) CCFA - AMENDMENT TO NOTES 130 AND 131 ASSOCIATED WITH THE PROVISIONS FOR PHENOLIC ANTIOXIDANTS, I.E. BUTYLATED HYDROXYANISOLE (BHA, INS 320), BUTYLATED HYDROXYTOLUENE (BHT, INS 321); PROPYL GALLATE (INS 310) AND TERTIARY BUTYLHYDROQUINONE (TBHQ, INS 319) OF THE GSFA (ALINORM 10/33/12, PARA. 91) The EU supports the amendment. This proposed amendment is just to correct the inconsistencies in the application of notes 130 and 131 to the provisions for phenolic antioxidants. 9) CCFA - AMENDMENT TO THE TEXT OF NOTE 136 OF THE GSFA ALINORM 10/33/12, PARA. 92 The EU supports the amendment. ALINORM 10/33/12, PARA. 92: "The Committee agreed to clarify the purpose of note 136 For use in white vegetables, associated with provisions for sulfites in food categories Peeled, cut or shredded fresh vegetables (including mushroom and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds, and nuts 18

19 and seed and Frozen vegetables (including mushrooms and fungi, roots and tubers, pulses and legumes, and aloe vera) seaweeds, and nuts and seeds to read To prevent browning of certain light coloured vegetables. 10) CCFA - AMENDMENT TO SECTION 2 TABLE OF FUNCTIONAL CLASSES, DEFINITIONS AND TECHNOLOGICAL PURPOSES OF CAC/GL (ALINORM 10/33/12, PARA. 129) Mixed Competence / European Union Vote The EUMS support the amendment. ALINORM 10/33/12, PARA. 129: "The Committee endorsed the recommendation to amend in Section 2 Table of functional classes, definitions and technological purposes of CAC/GL and amended the technological purpose density adjustment listed for functional class 11 Emulsifier, by adding agent ". Part 3 Standards and related texts held at Step 8 by the Commission 1) CCRVDF - DRAFT MRLS FOR BOVINE SOMATOTROPIN (ALINORM 95/31, APPENDIX II ) - HELD AT STEP 8 BY 23RD CAC - (ALINORM 03/41, PARA. 34) This issue is not expected to be raised at CAC 33. The EU is strongly opposed to the adoption of the draft MRLs for BST. 2) CCRVDF - DRAFT MRLS FOR RACTOPAMINE (ALINORM 08/31/31, APPENDIX II) HELD AT STEP 8 BY 32ND CAC (ALINORM 09/32/REP, PARA. 78) The European Union is strongly opposed to the adoption of the Draft MRLs for Ractopamine. 19

20 Agenda item 4 Draft Standards and Related Texts at Step 8 of the Procedure (including those submitted at Step 5 with a recommendation to omit Steps 6 and 7 and those submitted at Step 5 of the Accelerated Procedure) CX/CAC 10/33/3 A (PROPOSALS ARISING AFTER 1 APRIL 2010) Part 1 Standards and related texts submitted for adoption at Step 8, at Step 5 of the Accelerated Procedure and Step 5/8 1) CCGP - DRAFT REVISED CODE OF ETHICS FOR INTERNATIONAL TRADE IN FOODS INCLUDING CONCESSIONAL AND FOOD AID TRANSACTIONS STEP 8 - ALINORM 10/33/33 - PARA. 35, APPENDIX II Mixed Competence / European Union Vote The European Union and its Member States support the adoption. At CAC 32, a number of delegations were against the final adoption of the draft Code of Ethics at step 5/8. Therefore, it was only adopted at step 5 and sent back to CCGP. At CCGP 26, some small amendments were agreed to the text but no delegate raised any major issues. 2) CCPR - DRAFT MAXIMUM RESIDUE LIMITS FOR PESTICIDES - STEP 8 - ALINORM 10/33/24, PARAS 28-85, APPENDIX II 20

21 The European Union (EU) supports the adoption of all the draft MRLs in Appendix II of ALINORM 10/33/24 with the EXCEPTION OF the Draft MRL for METHOMYL (094) in APPLES due to acute intake concerns. The EU expressed its concerns in relation to the draft MRL for Methomyl in apples at the CCPR 42. Using EU endpoints (ARfD mg/kg bw/day) and risk assessment methodologies (PRIMo rev2;), apples are 666% of the ARfD, using an HR value of 0.17mg/kg (15 trials). Therefore, the EU cannot support the adoption of the draft MRL for apple. 3) CCPR- PROPOSED DRAFT MAXIMUM RESIDUE LIMITS FOR PESTICIDES STEP 5/8 - ALINORM 10/33/24, PARAS 28-85, APPENDIX III The European Union (EU) supports the adoption of all the Proposed Draft MRLs in Appendix III to ALINORM 10/33/24 4) CCCF - PROPOSED DRAFT MAXIMUM LEVELS FOR MELAMINE IN FOOD (POWDERED INFANT FORMULA AND FOODS OTHER THAN INFANT FORMULA) AND FEED STEP 5/8 - ALINORM 10/33/41, PARA. 68 AND APPENDIX IV The European Union (EU) supports the adoption. There was wide support at CCCF 4 for the recommended MLs of 2.5 mg/kg for melamine in food and feed and 1.0 mg/kg in powdered infant formula. These levels were sent for final adoption at step 5/8. The EU identified certain approved sources of melamine in feed and food that are clearly not related to incidences of adulteration and which could result in levels of melamine in food and feed additives higher than 2.5 mg/kg. Therefore, CCCF agreed the following exemption for the level of 2.5 mg/kg: 21

22 food and feed where it can be proven that the level of melamine is higher because of the authorised use of cyromazine or migration from food contact materials certain feed ingredients/additives where higher levels of melamine are present due to the normal production process (guanidine acetic acid, urea and biuret). 5) CCCF - PROPOSED DRAFT MAXIMUM LEVELS FOR TOTAL AFLATOXINS IN SHELLED, READY-TO-EAT BRAZIL NUTS AND SHELL, DESTINED FOR FURTHER PROCESSING BRAZIL NUTS _- STEP 5/8 - ALINORM 10/33/41, PARA. 76 AND APPENDIX V The European Union (EU) supports the adoption. MLs for aflatoxin in shelled Brazil nuts (10 µg/kg for ready to eat and 15 µg/kg for further processing) were agreed at CCCF 4 and sent for final adoption at Step 5/8. 6) CCCF - PROPOSED DRAFT REVISION OF THE CODE OF PRACTICE FOR THE PREVENTION AND REDUCTION OF AFLATOXIN IN TREE NUTS (ADDITIONAL MEASURES FOR BRAZIL NUTS) - STEP 5/8 - ALINORM 10/33/41 PARA. 85 AND APPENDIX VI Mixed Competence / Member States Vote The EUMS support the adoption. CCCF 4 agreed and sent for final adoption at Step 5/8 a specific appendix concerning Brazil nuts that will be inserted into the Code of Practice for the Prevention and Reduction of Aflatoxin Contamination in Tree Nuts. 22

23 7) CCFL - PROPOSED DRAFT PRINCIPLES AND CRITERIA FOR LEGIBILITY OF NUTRITION LABELLING STEP 5/8 - ALINORM 10/33/22 PARA. 67 AND APPENDIX III The European Union (EU) supports the adoption. A detailed discussion took place on the general principles, the specific elements of presentation, the exemptions and special provisions and additional considerations. The amended paper was proposed for final adoption at Step 5/8. Part 2 Other standards and related texts submitted for adoption 1) CCFFP - AMENDMENT TO SECTION 2.1 GENERAL DEFINITIONS OF THE CODE OF PRACTICE FOR FISH AND FISHERY PRODUCTS - ALINORM 10/33/18 PARA. 30, APPENDIX III Mixed Competence / European Union Vote The EUMS support the amendment. Background The amendment agreed at the CCFFP concerns the definition for clean water and the definition for microbiological contamination in section 2.1 of the General Definitions of the Code of Practice for Fish and Fishery Products. 2) CCCF - PROPOSED MAXIMUM LEVEL FOR TIN IN CANNED FOOD (EXCLUDING BEVERAGES) TO VARIOUS GENERAL STANDARDS FOR CANNED FRUITS AND VEGETABLES IN THE CODEX STANDARD FOR CONTAMINANTS AND TOXINS IN FOOD AND FEED - ALINORM 10/33/41 PARA. 22 AND APPENDIX II 23

24 The European Union (EU) supports the adoption. Background CCCF 4 agreed to apply the ML set in the GSCTFF 2 for tin in canned food (excluding beverages) to the general standards for canned fruits and vegetables. 3) CCFL - DELETION OF SECTION 8 AND RELATED TEXT FROM THE GUIDELINES FOR THE PRODUCTION, PROCESSING, LABELLING AND MARKETING OF ORGANICALLY PRODUCED FOODS (CAC/GL ), ALINORM 10/33/22 PARA. 132 AND APPENDIX VIII The EU supports the proposed deletion. Background A review process jointly proposed by the EU and US was supported by the Committee. Therefore the outdated provisions of the guidelines should be deleted. 4) CCFL - ALIGNMENT OF THE GENERAL STANDARD FOR THE LABELLING OF PRE- PACKAGED FOOD (CODEX STAN ) WITH THE CODEX INTERNATIONAL NUMBERING SYSTEM IN CAC/GL , ALINORM 10/33/22 PARA 167 AND APPENDIX XI Mixed Competence / European Union Vote The EUMS support the adoption. Background Alignment of the General Standard for the Labelling of Pre-packaged Food with the Codex International Numbering System in CAC/GL was agreed by CCFL except for Carriers and Packaging gases. 2 General Standard for Contaminants and Toxins in Food and Feed 24

25 Agenda item 5 Proposed Draft Standards and Related Texts at Step 5 CX/CAC 10/33/4 and CX/CAC 10/33/4 Add. 1 1) CCFFV - Proposed draft revision to the Standard for Avocado (CODEX STAN ) (N ), ALINORM 10/33/35, para. 69 and Appendix IV Mixed Competence / Member States Vote The EUMS support the adoption of the Standard at Step 5. The EUMS have no problems with the Proposed Draft Standard. The work will continue in an e-wg led by Cuba. 2) CCFFV - Proposed draft Standard for Tree Tomatoes (N ), ALINORM 10/33/35, para. 99 and Appendix VI Mixed Competence / Member States Vote The EUMS support the adoption of the Standard at Step 5. The work will continue in an e-wg led by Colombia. 3) CCFFP - Proposed Draft Standard for Smoked Fish, Smoke-Flavoured Fish and Smoke-Dried Fish, ALINORM 10/33/18 para. 98, Appendix VI Mixed Competence / European Union Vote The EUMS support the adoption of the Proposed Draft Standard. CCFFP: On the hygiene provisions of the Standard for Smoked Fish and of the Standard for Fish Sauce, the EU requested the inclusion of a sentence underlining the influence of 25

26 sampling plans in the interpretation of the histamine criterion. This point will be further discussed at the next session of the CCFFP. 4) CCFFP - Proposed Draft Standard for Fish Sauce (N ) ALINORM 10/33/18 para. 144, Appendix IX Mixed Competence / Member States Vote The EUMS support the Proposed Draft Standard. CCFFP: On the hygiene provisions of the Standard for Smoked Fish and of the Standard for Fish Sauce, the EU requested the inclusion of a sentence underlining the influence of sampling plans in the interpretation of the histamine criterion. This point will be further discussed at the next session of the CCFFP. 5) TFAMR - Proposed Draft Guidelines for Risk Analysis of Foodborne Antimicrobial Resistance (N , N , N ), ALINORM 10/33/42 para. 124 and Appendix II. Mixed Competence / European Union Vote The EUMS support the adoption of the Proposed Draft Guidelines for Risk Analysis of Foodborne Antimicrobial Resistance at Step 5. The EU will prepare specific comments on the Draft Guidelines once the Codex document is circulated for comments at Step 6. 6) CCNFSDU - General Principles for Establishing Nutrient Reference Values of Vitamins and Minerals for General Population (N ), ALINORM 10/33/26, para.86, Appendix III The EU supports the adoption of the General Principles at Step 5. 26

27 Background The CCNFSDU had a thorough discussion on this item. In relation to the general principles agreement was reached on the targeted population, definitions, selection of data sources and selection of specific values. Therefore, it was agreed to forward this part to the CAC for adoption at Step 5. However, as regards the proposed NRVs which had been calculated by Australia there was no general support as some delegations expressed their concerns on the data used for the calculation of some of the NRVs, justification on the low/high proposed values for some of the vitamins, the lack of time to consider the proposed conversion factors for vitamins, etc. In view of the lack of support it was agreed to return this section to Step 3 for comments and consider it at Step 4 at the next session of the CCNFSDU. A physical working group was set up that will take place immediately prior to the next session, to be chaired by Korea and co-chaired by Australia to review the comments received and prepare the proposed values for NRVs for vitamins and minerals. 7) CCMAS - Proposed Draft Revised Guidelines for Measurement Uncertainty (N ), ALINORM 10/32/23 para. 56, Appendix IV Mixed Competence / Member States Vote The EUMS support the adoption of the Revised Guidelines for Measurement Uncertainty at Step 5. A new version of the paper had been prepared by the Delegation of the UK containing explanatory notes aiming at helping non-experts at government level to understand and use correctly this concept. The document was extensively debated in the plenary where it was agreed to make it less prescriptive. 27

28 Agenda item 5 Proposed Draft Standards and Related Texts at Step 5 CX/CAC 10/33/4 A Proposals arising after 1 April ) CCPR - Proposed Draft Maximum Residue Limits for Pesticides - ALINORM 10/33/24, paras 28-85, Appendix IV The EU supports the adoption of the Proposed Draft MRLs with the following exceptions: FLUOPICOLIDE (235) due to intake concerns the EU does not support the adoption of the proposed draft MRLs for celery, head cabbage and leafy vegetables. HALOXYFOP (194) due to the EU chronic intake concerns some commodities were only advanced to Step 5. The EU would like to maintain its reservation to the adoption at Step 5 of the proposed draft MRLs for all the commodities. Fluopicolide (235) : The EU has set a lower ARfD than JMPR. Using EU endpoints and risk assessment methodologies, there are intake problems for head cabbage, scarole, kale, celery Chinese cabbage, witloof, lettuce; spinach, purslane. There is a problem even with the variability factor of 5. Therefore, the EU opposes the advancement of the proposed draft MRL for head cabbage due to intake concerns. Even when using JMPR endpoints there are also intake problems for scarole, kale, celery and Chinese cabbage. Therefore, the EU opposes the advancement of the proposed draft MRLs for these commodities. Haloxyfop (194): The EU did not support the advancement of part of the proposed draft MRLs to Step 5/8 due to a chronic intake problem. The IEDI amounted to 217% of the ADI of mg/kg bw/day established by JMPR, using the European consumption data as compiled in the EFSA PRIMo model rev.2. Using the EFSA PRIMo model rev.2. the EU ADI of mg/kg bw/day is exceeded with up to 233 % for an UK infant. Milk appeared to be critical in the 28

29 chronic dietary exposure. The STMR value for milk used in the calculation is mg/kg. 2) CCPR - Proposed Draft Revision of the Codex Classification of Foods and Animal Feeds - Proposals for Three Commodity Groups: Tree Nuts, Herbs and Spices, ALINORM 10/33/24, para. 105, Appendix X The EU supports adoption at Step 5. The CCPR 42 agreed to re-establish the Electronic Working Group led by the Netherlands and the United States of America to prepare new draft proposals for several groups. 3) CCPR - Proposed Draft Principles and Guidelines for the Selection of Representative Commodities for the Extrapolation of Maximum Residue Limits for Pesticides for Commodity Groups, ALINORM 10/33/24, para.116, Appendix XI The EU supports adoption at Step 5. The purpose of this work would be that each country selects representative commodities in accordance with these principles and guidance as the basis for their inclusion as alternative representative commodities at the international level. The CCPR 42 agreed with the EU proposal regarding wider extrapolations ("extrapolations beyond the members of a commodity group may also be possible. These can be considered on a case-by-case basis when commodities (with similar GAPs) have similar size, shape and surface area"). Therefore it was agreed to put all Table 1 in square brackets for further consideration at the next session. The CCPR 42 also agreed to re-establish EWG led by the Netherlands and the USA only to prepare proposals for amendments in Table 1 and to revise Addenda I and II. 29

30 4) CCFL - Proposed draft revision of the Guidelines on Nutrition Labelling (CAC/GL ) concerning the list of nutrients that are always declared on a voluntary or mandatory basis ALINORM 10/33/22, para. 53 and Appendix II The EU supports the adoption. The Committed remained divided on the terminology to be used on sodium, salt or salt equivalent (a specific electronic working group chaired by New Zealand was reestablished to explore this issue); finally it was agreed to keep both terms salt and sodium in square brackets. It was agreed to delete added sugars, dietary fibre and trans-fatty acids from the list; a footnote was added to mention that in countries where the level of intake of trans-fatty acids is a public health concern, consideration should be given to declare them. The revision of the Guidelines was progressed to step 5. Agenda item 6 Texts Revocation of Existing Codex Standards and Related CX/CAC 10/33/5 1) CCFFP - Recommended International Code of Practice for Lobsters (CAC/RCP ) Mixed Competence / European Union Vote. The EUMS support the revocation of this Code of Practice. The Committee agreed to advance the Draft Code of Practice for Fish and Fishery Products (Lobsters and relevant Definitions) to Step 8 for adoption by the 33rd Session of the Commission and the section on hygiene to the Committee on Food Hygiene for endorsement (Appendix II) and the third bullet point in section "Water" for comments at Step 3 and consideration by the next session of the Committee (Appendix IV). 30

31 2) CCFFP - Recommended International Code of Practice for Crabs (CAC/RCP ) Mixed Competence / European Union Vote. The EUMS support the revocation of this Code of Practice. The Committee agreed to advance the Draft Code of Practice for Fish and Fishery Products (Lobsters and relevant Definitions) to Step 8 for adoption by the 33rd Session of the Commission and the section on hygiene to the Committee on Food Hygiene for endorsement (Appendix II) and the third bullet point in section "Water" for comments at Step 3 and consideration by the next session of the Committee (Appendix IV). 3) CCMMP - General Standard for Process(ed) Cheese and spreadable Process(ed) Cheese (CODEX STAN ) Mixed Competence / Member States Vote. The EUMS support the revocation of the General Standard. Following the absence of consensus at the physical working group co-chaired by France and New Zealand in Brussels in January 2009, the Committee logically agreed to discontinue work on this issue. 4) CCMMP - General for Processe(ed) Cheese Preparations (Process(ed) Cheese Food and Process(ed) Cheese Spread) (CODEX STAN ) Mixed Competence / Member States Vote. The EUMS support the revocation of the general standard. 31

32 Following the absence of consensus at the physical working group co-chaired by France and New Zealand in Brussels in January 2009, the Committee logically agreed to discontinue work on this issue. 5) CCMMP - General Named Variety Process(ed) Cheese and Spreadable Process(ed) Cheese (CODEX STAN ) Mixed Competence / Member States Vote. The EUMS support the revocation of the general standard. Following the absence of consensus at the physical working group co-chaired by France and New Zealand in Brussels in January 2009, the Committee logically agreed to discontinue work on this issue. 6 ) CCFA _- Food additive provisions of the GSFA. The EU supports the revocation of the food additive provisions. 7) CCFA - Inventory of Processing Aids (IPA) (CAC/MISC 3) Mixed Competence / Member States Vote. The EUMS support the revocation of the Inventory of Processing Aids. In view of the completion of the work on the proposed draft guidelines and the decision concerning the database for substances used as processing aids, the Committee agreed to propose to the 33rd Session of the Commission to revoke the original IPA (CAC/MISC 3). (Alinorm 10/33/12 para. 124.) 8) CCPR - MRLs for pesticide/commodity combinations. 32

33 The EU supports the revocation of the MRLs for pesticides / commodity combinations as proposed in Appendix V to ALINORM 10/33/24. Agenda item 7 Amendments to Codex Standards and Related Texts CX/CAC 10/33/6 Mixed Competence / Member States Vote. 1) CCCF The EUMS support the proposed amendments. 2) CCFL Delete the entries for dioxins in Schedule I: Index of contaminants and in Schedule I: Others. Justification: As no ML has been established for this compound this is in line with the decision not to list compounds without MLs in the GSCTFF. In the column notes/remarks for Codex Alimentarius in Schedule I delete for Codex Alimentarius. Editorial amendment to the Guidelines on Nutrition and Health Claims (CAC/GL ) table for conditions for nutrient contents4 The EUMS support the proposed editorial amendment. In the table of conditions for nutrient contents amend the footnote reference and footnote text of the footnote for saturated fats and cholesterol: "* In the case of the claims for saturated fat and cholesterol low in saturated fat,, trans fatty acids should be taken into account where applicable. This provision consequentially applies to foods claimed to be low in cholesterol and cholesterol free. 33

34 3). CCPR o Recommended methods of sampling for the determination of pesticide residues for compliance with MRLs (CAC/GL ) o Guidelines on Good Laboratory Practice in Pesticide Residue Analysis (CAC/GL , Rev ) o Portion of Commodities to which Codex MRLs apply and which is analyzed (CAC/GL ) The EUMS support the proposed amendments. The proposed amendments prepared by the Codex Secretariat are to address references to Volume 2 of the Codex Alimentarius, which is no longer printed, and other inconsistencies in a number of documents developed by CCPR. In addition the CCPR agreed to introduce the updated references in the relevant documents for pesticide residues as proposed by the Secretariat in the Annex to CX/PR 10/42/15. Agenda item 8 Proposals for the Elaboration of New Standards and Related Texts and for the Discontinuation of Work CX/CAC 10/33/7 REV. (SEPTEMBER 2009 TO MARCH 2010) TABLE 1: PROPOSALS FOR NEW WORK 1) CCFFV - STANDARD FOR POMEGRANATE (ALINORM 10/33/35, PARA. 113 AND APPENDIX VIII) Mixed Competence / Member States Vote The EUMS can agree with the new work on pomegranate. 34