Codex Alimentarius Commission (33 rd Session)

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

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

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

This section should contain the following reference to the Guidelines for the use of flavourings (CAC/GL 66-2008), as appropriate: The flavourings used in products covered by this standard should comply with the Guidelines for the use of flavourings (CAC/GL 66-2008). 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

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

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

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 2010. 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

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

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 (N04-2008) (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 (N05-2008) (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

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 (N05-2008) (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 243-2003), 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

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 26-1997) (N07-2008 (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 N09-2008 (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) 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 14.1.4. 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 14.1.4 (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 N14-2008 (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

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 33. 14) 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

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 67-2008) (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

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 193-1995). 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 193-1995) and with the maximum residue limits for veterinary drug residues and pesticides established for milk by the CAC. 15

For inclusion in Section 5 of CODEX STANs 250-2006, 251-2006 and 252-2006 (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 193-1995). 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 193-1995) 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 193-1995) 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. 57-82, 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

5) CCFA - AMENDMENT TO THE NAME AND DESCRIPTORS OF FOOD CATEGORIES 06.0, 06.2 AND 06.2.1 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 06.2.1 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

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 73-1981) and the Standard for Processed Cereal-based Foods for Infants and Children (CODEX STAN 74-1981). 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 04.2.1.3 Peeled, cut or shredded fresh vegetables (including mushroom and fungi, roots and tubers, pulses and legumes, and aloe vera), seaweeds, and nuts 18

and seed and 04.2.2.1 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 36-1989 (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 36-1989 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

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

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 0.0025mg/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

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

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

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 32-1999), 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 1-1985) WITH THE CODEX INTERNATIONAL NUMBERING SYSTEM IN CAC/GL 36-1989, 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 36-1989 was agreed by CCFL except for Carriers and Packaging gases. 2 General Standard for Contaminants and Toxins in Food and Feed 24

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 197-1995) (N19-2008), 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 (N18-2008), 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

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 (N12-2007) 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 (N01-2008, N02-2008, N03-2008), 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 (N06-2008), ALINORM 10/33/26, para.86, Appendix III The EU supports the adoption of the General Principles at Step 5. 26

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 (N10-2008), 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

Agenda item 5 Proposed Draft Standards and Related Texts at Step 5 CX/CAC 10/33/4 A Proposals arising after 1 April 2010 1) 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 0.0007 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 0.00065 mg/kg bw/day is exceeded with up to 233 % for an UK infant. Milk appeared to be critical in the 28

chronic dietary exposure. The STMR value for milk used in the calculation is 0.033 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

4) CCFL - Proposed draft revision of the Guidelines on Nutrition Labelling (CAC/GL 2-1985) 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 24-1979) 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 3.4.5.1 "Water" for comments at Step 3 and consideration by the next session of the Committee (Appendix IV). 30

2) CCFFP - Recommended International Code of Practice for Crabs (CAC/RCP 28-1983) 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 3.4.5.1 "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 286-1978) 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 287-1978) Mixed Competence / Member States Vote. The EUMS support the revocation of the general standard. 31

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 285-1978) 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

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 23-1997) 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

3). CCPR o Recommended methods of sampling for the determination of pesticide residues for compliance with MRLs (CAC/GL 33-1999) o Guidelines on Good Laboratory Practice in Pesticide Residue Analysis (CAC/GL 40-1993, Rev.1-2003) o Portion of Commodities to which Codex MRLs apply and which is analyzed (CAC/GL 41-1993) 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

2) CCNFSDU - AMENDEMENT OF THE CODEX GENERAL PRINCIPLES FOR THE ADDITION OF ESSENTIAL NUTRIENTS TO FOODS (CAC/GL 9-1987), (ALINORM 10/33/26, PARA. 96, APPENDIX V) The EU supports the proposed new work. 3) CCNFSDU - REVISION OF THE CODEX GUIDELINES ON FOMULATED SUPPLEMENTARY FOODS FOR OLDER INFANTS AND YOUNG CHILDREN (CAC/GL 8-1991), (ALINORM 10/33/26, PARA. 123, APPENDIX VI) The EU supports the proposed new work. 4) CCNFSDU - AMENDMENT OF THE GUIDELINES ON NUTRITION LABELLING (CAC/GL 2-1985): ESTABLISHMENT OF NRVs FOR NUTRIENTS ASSOCIATION WITH RISK OF DIET-RELATED NON-COMMUNICABLE DISEASES FOR THE GENERAL POPULATION, (ALINORM 10/33/26, PARA. 128, APPENDIX VII) The EU supports the proposed new work. 5) CCFH - REVISION OF THE RECOMMENDED INTERNATIONAL CODE OF HYGIENIC PRACTICE FOR COLLECTING, PROCESSING AND MARKETING OF NATURAL MINERAL WATERS (CAC/RCP 33-1985), (ALINORM 10/33/13, PARAS129-131, APPENDIX) Mixed Competence / European Union Vote The EUMS support the proposed new work. 6) CCFH - REVISION OF THE PRINCIPLES FOR ESTABLISHMENT AND APPLICATION OF MICROBIOLOGICAL CRITERIA FOR FOODS (CAC/GL 21-1997), (ALINORM 10/33/13, PARA.133, APPENDIX VI) Mixed Competence / European Union Vote 35

The EUMS support the proposed new work. 7) CCFA - REVISION OF THE FOOD CATEGORY SYSTEM OF THE GENERAL STANDARD FOR FOOD ADDITIVES (ALINORM 10/33/12, PARA 88 AND APPENDIX VII ) The EU supports the proposed new work. 8) CCFA - REVISION OF THE STANDARD FOR FOOD GRADE SALT (CODEX STAN 150-1985) (ALINORM 10/33/12, PARA. 167 AND APPENDIX XII) Mixed Competence /Member States Vote The EUMS support the proposed new work to revise the Standard for Food grade Salt. TABLE 2: PROPOSALS FOR THE DISCONTINUATION OF WORK 1) CCMMP - PROPOSED DRAFT STANDARD FOR PROCESSED CHEESE (ALINORM 10/33/11, PARAS 41) Mixed Competence / Member States Vote. The EUMS support discontinuation of work. 2) CCFA - DRAFT AND PROPOSED DRAFT FOOD ADDITIVE PROVISIONS OF THE GSFA (ALINORM 10/33/12, PARAS 31, 62, 76 AND APPENDIX V) The EU supports discontinuation of work. 36

Agenda item 8 Proposals for the Elaboration of New Standards and Related Texts and for the Discontinuation of Work CX/CAC 10/33/7 Add. 1 (PROPOSALS ARISING AFTER 1 APRIL 2010) TABLE : PROPOSALS FOR NEW WORK 1) CCPR - PRIORITY LIST OF CHEMICALS SCHEDULED FOR EVALUATION AND RE-EVALUATION BY JMPR, ALINORM 10/33/24, PARA. 186, APPENDIX XII Mixed Competence / European Union Vote The EUMS support the proposed new work. 2) CCPR - THE PILOT PROJECT IN WHICH JMPR WOULD CONDUCT AN INDEPENDENT, PARALLEL REVIEW ALONG WITH A GLOBAL JOINT REVIEW TEAM AND RECOMMEND MRLS BEFORE NATIONAL GOVERNMENTS ESTABLISH MRLS IN 2011, ALINORM 10/33/24, PARA. 202 (PROJECT DOCUMENT TO BE SUBMITTED TO THE EXECUTIVE COMMITTEE) Mixed Competence / European Union Vote The EU does not object the approval of the proposed new work. 3) CCCF MAXIMUM LEVELS FOR DEOXYNIVALENOL (DON) AND ITS ACETYLATED DERIVATIVES IN CEREALS AND CEREAL-BASED PRODUCTS, ALINORM 10/33/41, PARA. 110 The EU supports the proposed new work. 37

4) CCCF - MAXIMUM LEVELS FOR TOTAL AFLATOXINS IN DRIED FIGS, ALINORM 10/33/41 PARA. 114 AND APPENDIX IX The EUMS support the proposed new work. 5) CCFL - ESTABLISHMENT OF CLAIMS FOR SUGARS, SALT/SODIUM AND TRANS-FATTY ACIDS, ALINORM 10/33/22 PARAS 96 98 AND APPENDIX V The EU supports the proposed new work. 6) CCFL - ORGANIC AQUACULTURE, ALINORM 10/33/22 PARA 186 AND APPENDIX XIII The EU supports the proposed new work. 7) CCFL - ESTABLISHING A DEFINITION FOR NUTRIENT REFERENCE VALUES, ALINORM 10/33/22 PARA 191 AND APPENDIX XII The EU supports the proposed new work. Agenda Item 9 and Task Forces Matters arising from the Reports of Codex Committees CX/CAC 10/33/8 A. MATTERS ARISING FROM THE 32nd SESSION OF THE COMMISSION 38

1) FUTURE WORK ON ANIMAL FEEDING Mixed Competence / Member States Vote EU RESPONSE TO CL 2010/08-CAC 1. Background This document is the response of the European Union and its Member States (EUMS) to Codex Circular Letter CL 2010/08-CAC of March 2010 requesting comments on the report of the Electronic Working Group on Animal Feeding. The deadline for comments is 15 May 2010. The EUMS would like to thank Codex and the electronic Working Group, in particular its host and co-chair countries, for their substantial efforts in undertaking this work which has resulted in some extremely valuable outputs with limited resources used 2. Overarching statement and review of existing documents The EUMS support the overarching statement in the report. It is necessary to clarify that the Codex documents reviewed apply to both feed and feed ingredients as they impact food safety. It is also necessary to clarify that the term "food chain" includes feed inputs. It is also important to clarify that the terms "animal feed" and "feed" when used in Codex Alimentarius texts refer only to feed for food producing animals and that feed for pet animals are outside the scope of Codex Alimentarius. It is also essential to clarify that feed trade as such is outside the scope of Codex Alimentarius, without prejudice to the statutes of Codex Alimentarius 3. The overarching statement and the suggestions for modification of the reviewed Codex documents should be sent for consideration to the relevant existing Codex Committees (CCCF, CCRVDF, CCFA). 3. Amending and adding new definitions to the Procedural Manual The EUMS support the transmission of the proposed amendments and new definitions in the report to the Codex Committee on General Principles and the relevant existing committees for endorsement. The information to be sent should include the report of the electronic Working Group. 4. Coverage of residues of different feed additives within the Codex definitions of contaminants or food additives This matter requires further consideration 5. Overview of all Codex documents related to feed 3 Section I Foundation Texts and Definitions, Statutes of the Codex Alimentarius Commission, Procedural Manual, Eighteenth Edition, Rome, 2009. 39

This additional task mentioned during the deliberations of the electronic Working Group, namely to prepare an overview document of all Codex documents related to feed. This would focus on whether all aspects of food safety risk analysis relating to feed addresses food/feed production, use, hygiene, and whether it needs further consideration. The Codex documents and the Code of Good Animal Practice will clearly form the main basis of the review, but there may be other additional documents relevant to animal feeding and thus an overview document along the lines we are suggesting could prove to be most useful 4. Suitable and specific mechanisms for addressing the identified tasks The EUMS believe that the identified tasks should be addressed as soon as possible in an appropriate manner. The EUMS have stated in the past that a time limited ad hoc Codex Task Force on Animal Feeding is a suitable mechanism in particular, in those areas where Codex has not started work on feed. The Task Force would allow considering all identified feed related issues in a holistic manner and would make efficient use of the available expertise and resources at its disposal. However, the EUMS could consider assigning permanently all future tasks relating to animal feeding to an existing Codex Committee and are of the opinion that if such an approach is followed, then the Codex Committee on Contaminants in Foods (CCCF) would be the most appropriate body as its terms of reference already contain provisions in relation to feed. The CCCF has already finalized work on animal feed, for instance on melamine, most incidents with animal feed to date concerned contaminants, and the gathered experience would benefit the work in other feed areas. Moreover, the expertise would still be centralized, facilitating the participation of feed experts. B. MATTERS REFERRED BY OTHER COMMITTEES 1). COMMITTEE ON MILK AND MILK PRODUCTS (9 TH SESSION) Member States Competence / Member States Vote. Adjournment sine die The MSEU support that CCMMP is adjourned sine die. Reference to voluntary application of provisions in Codex Commodity standards The MSEU support the proposal. 40

The Committee agreed to retain the annexes / appendices in all 13 standards for milk and milk products and to amend their title and the introductory paragraph to read as follows: Appendix - Additional Information The additional information below does not affect the provisions in the preceding sections which are those that are essential to the product identity, the use of the name of the food and the safety of the food. 2). COMMITTEE ON FATS AND OILS (21 ST SESSION) Technical amendment of the Standard for Named Vegetable Oils: Update of Variety of Rapeseed Oil Low Erucic Acid Mixed Competence / Member States Vote The EUMS have no objections to the proposed amendment. The CCFO noted the proposal of Canada to amend the scientific name for a species contained in the Standard for Named Vegetable Oils under 2.1.13 Rapeseed oil and 2.1.14 Rapeseed oil low erucic acid. The Committee was informed that while Brassica rapa was the agreed scientific name for this species according to the International Code of Botanical Nomenclature (ICBN), due to the uncertainty regarding the relations between its subspecies in the past, Brassica campestris was still occasionally used to refer to this species, which was the case for its inclusion in Sections 2.1.13 and 2.1.14 of the Standard. Based on this information, the Committee agreed to request the Commission to adopt the amendments to the Standard for Named Vegetable Oils to replace Brassica campestris with Brassica rapa in Section 2.1.13 Rapeseed oil and Section 2.1.14 Rapeseed oil low erucic acid. 3. COMMITTEE ON GENERAL PRINCIPLES (26 TH SESSION) The points below are for information purposes and therefore no need for a common position. 41

Definition of the term competent authority Mixed Competence / European Union Vote The CCGP agreed that there was no merit in having a general definition of the term competent authority. Co-hosting of Codex Committees Member States Competence / Member States Vote The CCGP also agreed that the Codex secretariat would create a specific page on co-hosting on the Codex website to make the information as contained in Appendix VI available to all members. C. MATTERS RELATED TO REQUESTS FROM THE COMMISSION 1. COMMITTEE ON FISH AND FISHERY PRODUCTS (30 TH SESSION) Consistency of the Codex Model Certificate for Fish and Fishery Products (CAC/GL 48-2004) with the Generic Model Official Certificate (Annex to the Codex Guidelines for the Design, Production, Issuance and Use of Generic Official Certification (CAC/GL 38-2001)). Mixed Competence / European Union Vote This is a point for information and therefore no need for a common position. Background The CCFFP considered the request from the 32nd Session of the Commission to consider revision of the Model Certificate for Fish and Fishery Products to ensure consistency with the adopted Generic Model Certificate. The CCFFP noted the need to limit the number of certificates used in international trade and considered a proposal that the Generic Model Certificate be revised to include specifics related to fish and fishery products and to revoke the Model Certificate for Fish and Fishery Products. This matter will be further considered by the next session. 2). COMMITTEE ON FOOD ADDITIVES (42 ND SESSION) Mixed Competence / European Union Vote. 42

The points below are for information purposes and therefore no need for a common position. References to the Carry-over Principle of Food Additives in Codex standards The Committee agreed to establish an electronic working group in order to make a more informed decision on this matter at its next Session. Standards for meat products The Committee agreed to establish an electronic working group to prepare a discussion paper for consideration at its 43rd Session with a proposal for the alignment of the food additive provisions of the five Codex standards for meat products with the adopted food additive provisions of the corresponding food categories and relevant sub-categories of the GSFA and an analysis of the problems and solutions identified in carrying out this work. Provisions for erythrosine in the Codex General Standard for Food Additives (GSFA) The Committee agreed to request an electronic working group to prepare recommendations for all provisions for erythrosine in the GSFA in the Step process, including those that have been returned to the CCFA by the 32nd Session of the Commission, taking into account the latest JECFA exposure assessment, and the information and technological justification for use, for consideration by the 43rd session of the CCFA. Agenda Item 9 and Task Forces Matters arising from the Reports of Codex Committees CX/CAC 10/33/8 Add. 1 CODEX COMMITTEE ON FRESH FRUITS AND VEGETABLES Mixed Competence / Member States Vote A. MATTERS ARISING FROM OTHER ORGANIZATIONS ON THE STANDARDIZATION OF FRESH FRUITS AND VEGETABLES: United Nations Economic Commission for Europe (UNECE) - Working Party on Agricultural Quality Standards Change of Title of UNECE Standards to United Nations (UN) Standards 43

The EUMS continue to support close cooperation between UNECE Working Party on Agricultural Quality Standards and Codex Committee on Fresh Fruit and Vegetables in the development of standards for fresh fruit and vegetables. Over the years, this cooperation has proven very useful for both organisations in providing synergies and avoiding duplication. From the Codex side, the terms of reference of CCFFV set the appropriate framework for this cooperation. B. CODEX STANDARD FOR FRESH FUNGUS CHANTERELLE (EUROPEAN REGIONAL STANDARD CODEX STAN 40-1981) This point is only for information. The issue will be addressed at the next session of CCEURO. Agenda Item 11 Strategic Planning of the Codex Alimentarius Commission (a) (b) General implementation Status Evaluation of the Capacity of the Codex Secretariat CX/CAC 10/33/10 and CX/CAC 10/33/11 (a) General Implementation Status Member States Competence / Member States Vote The MSEU would like to provide comments on the following activities: o Activity 1.5: Develop guidance for safe and prudent non-human usage for containment of resistance: The MSEU would like to congratulate the TF AMR for the progress achieved so far on the development of the "Guidance for Risk Analysis of Foodborne Antimicrobial Resistance". The MSEU would also like to encourage the TF AMR to finalise its work at the next session. o Activity 1.8: Publish and disseminate the Codex Alimentarius 44

The MSEU wish to congratulate and thank the Codex Secretariat for the excellent work carried out to further improve dissemination of Codex activities and in particular for posting the Codex official videos on several public websites. The MSEU would like to encourage the Codex Secretariat to continue with these activities to further promote a better knowledge of Codex activities. The MSEU wishes to report on its activities of capacity building, in particular the specific programme "Better Training for Safer Food" based on Codex standards on food hygiene with the participation of FAO, WHO, STDF and the Codex Secretariat. o Activity 4.4: Consider cooperation with other relevant international intergovernmental organisations (information on the cooperation with OIE and IPPC will be provided at the Commission): see point 12. o Activity 5.1: Promote enhanced participation of developing countries in Codex The MSEU continue to fully support efforts to enhance the participation of developing countries in Codex work through its contribution to the Codex Trust Fund and through specific activities such as the PAN-SPSO project which has the objective to increase the effective participation of African countries to the work of the Inter Africa Standard Setting Bodies, including the Codex Alimentarius Commission, with a budget of 3.35 million managed by the African Union International Bureau of Animal Resources. The MSEU are pleased to see the progress regarding the participation of African countries in Codex work. (b) Evaluation of the Capacity of the Codex Secretariat Member States Competence / Member States Vote The Member States of the European Community (MSEC) wish to thank the Codex Secretariat for the updates and clarifications provided for recommendations 6 to 10. The MSEU take note of the actions already implemented and those which are planned to be implemented in the near future. The MSEU would like to thank the Codex Secretariat for the valuable work and support provided to Codex members. Agenda Item 12 Relations between the Codex Alimentarius Commission and other International Organizations CX/CAC 10/33/12 Member States Competence / Member States Vote 45

The MSEU support reinforced cooperation and coordination between the three sisters with a view to avoid duplication of work and gaps. Furthermore, the MSEU believe that the WTO/SPS Committee is the right forum for the overall coordination. The MSEU are of the opinion that cooperation between the OIE and Codex should be further strengthened in particular as regards horizontal questions such as e.g. antimicrobial resistance, zoonoses and certification. The MSEU in particular welcome the recent agreement between OIE and WHO which should lead to a reinforced cooperation on food safety issues. Agenda Item 13 Consideration of the Impact of Private Standards CX/CAC 10/33/13 Member States Competence / Member States Vote The Member States of the European Union (MSEU) thank FAO and WHO for the comprehensive paper which has been developed on the consideration of the impact of private standards and are pleased to share their position on this subject, the main elements of which being summarised as follows: 1. The MSEU note that private standards are being discussed in the framework of the WTO SPS Committee since 2005 and are of the opinion that this committee should play the central coordinating role taking into account the horizontal nature of the subject and the implications for all international standards setting bodies, in particular the "3 sisters": the World Organisation for Animal Health (OIE), the International Plant Protection Convention (IPPC) and the Codex Alimentarius Commission. 2. The MSEU understand the concerns of developing countries concerning market access but at the same time also wish to underline that private standards are not only a matter regarding developing countries but they are also very relevant for developed countries, e.g. they are very present in the trade between EU Member States. 3. The MSEU do not agree with the interpretation that private standards are covered by the WTO framework and in particular by Article 13 of the SPS Agreement. Nonetheless, there are good reasons why the issue needs to be discussed in international bodies to address in particular the concerns of developing countries. 46

4. The SPS Committee is planning to develop a working definition of private standards. The MSEU support this initiative which would help to clarify the debate. 5. The MSEU also support an improved communication between private standard setting bodies and the official structures, both at national level through direct contacts with the competent authorities and also at international level, with direct participation in the work of official standard setting bodies. 6. There can be no objection to the wish of retailers to address consumer concerns through private standards. However, this has to be consistent with certain requirements. These include respect of competition rules, no misleading advertising or marketing and no conflict or undermining of official standards. In the area of food, private standards must in particular not undermine the requirement that all food on the market is required to be safe. 7. Private standards can also lead to positive effects by improving the level of food safety in the corresponding sectors of production, by supporting the implementation of official standards and by providing access to lucrative market niches. 8. Developing countries have legitimate concerns about private standards. These can be best addressed through the following initiatives: a. Increased transparency by the private standard and certification bodies, for example by improved consultation of developing countries when setting their standards. b. Improved harmonisation of private standards and certification requirements to reduce costs for producers, especially small-scale producers. c. In the case of food safety by clear referencing and bench-marking to official standards, e.g. requirements for microbiological criteria and MRLs should be directly referenced to official standards. Private standards should never imply that other foods on the market are less safe. d. More technical assistance from developed countries to enable developing countries to adapt to private standard requirements. The Pesticides Initiative Programme (PIP), funded by the EU, is increasingly active in this direction. e. Greater efforts by all Codex members to respect existing Codex standards and to ensure that the Codex body of standards is up-to-date and comprehensive. 47

9. In the EU a range of initiatives are underway to address the impact of private standards, including on developing countries. In particular, the retail industry and standards and certification bodies are being encouraged to harmonise their standards and to bench-mark them to official standards. There is encouraging progress in this direction. Agenda Item 14 Matters arising from FAO and WHO (a) FAO/WHO Project and Trust Fund for Enhanced Participation in Codex CX/CAC 10/33/14 Mixed Competence / Member States Vote The EUMS continue to fully support efforts to enhance the participation of developing countries in Codex work. This issue is of high relevance also for the European Region as 22 (7 of which are EC Member States) out of the 47 member countries in the European Region are eligible to apply for support from the Trust Fund and are thus classified as "developing members" in terms of the document prepared by the Codex Secretariat. According to the statistics, the attendance of developing countries in Codex sessions has steadily increased over the years and developed countries are nowadays outnumbered by developing countries in most Codex meetings. The statistics demonstrate the important role of the Codex Trust Fund in facilitating the attendance of developing countries in Codex meetings. The EUMS continue to contribute significantly to the Trust Fund both at European Commission and at Member States level. The EUMS contribution represents 63.8% of the total contributions received in the period 2003-2009. By adding Switzerland and Norway, both members of the Europe Region, this proportion increases up to 72%. To enhance effective participation and contribution of developing countries to Codex work, other means of capacity building must also be employed. For this purpose, a specific additional EU technical assistance project PAN-SPSO was approved in 2006. This 3.35 MEURO project is being implemented by the Nairobi based "African Union - Inter African Bureau for Animal Resources" (AU-IBAR) and technically supports the efficient participation of African countries in SPS standard setting organisations including preparatory trainings and follows-up. Moreover, the European Commission through its specific training programme "Better Training for Safer Food" and several EU Member States have organised training sessions on Codex related issues where developing countries are invited (e.g. EU-ASEAN forum on Codex matters on 21 February 2009, BTSF Africa seminars based on the Codex General principles on Food Hygiene). 48

The EUMS fully agree that it is very important that as many Codex members as possible actively participate in Codex work at all stages of the process. At the same time, it should be borne in mind that not all standards, in particular as regards commodities, are equally important for all Codex members. Therefore, it is natural that Codex members may choose to limit their participation to only certain committees depending on their national priorities. Agenda Item 14 Matters arising from FAO and WHO (b) Other Matters arising from FAO and WHO CX/CAC 10/33/15 PART I: OUTCOMES OF RECENT FAO/WHO EXPERT MEETINGS Mixed Competence / European Union Vote PART II: OTHER RELEVANT INITIATIVES UNDERWAY IN FAO AND WHO Mixed Competence / European Union Vote The EUMS would like to thank FAO and WHO for the comprehensive information provided in document CX/CAC 10/33/15. The EUMS will request some clarifications as regards activities in relation to nutrition described in paragraphs 13-17 of the document. In particular, some clarification would be appreciated concerning the distribution of tasks of the different bodies that are mentioned in the document, in particular between the Joint FAO/WHO Expert Meetings on Nutrition (JEMNU) and the WHO Nutrition Guidance Expert Advisory Group (NUGAG). 49