Dra. Maya Piñeiro, Ph.D. Servicio de Calidad de los Alimentos y Normas Alimentarias

1. El Nuevo Contexto Internacional en el Comercio: el Codex, los Acuerdos de la OMC y su Impacto en los Países en Desarrollo y los ConsumidoresReunión Regional sobre Políticas de Protección del Consumidor, Competencia, Competitividad y DesarrolloCartagena de Indias , Colombia, 23-25 julio 2001 Dra. Maya Piñeiro, Ph.D. Servicio de Calidad de los Alimentos y Normas Alimentarias Dirección de Alimentación y Nutrición

2. World Trade Organization(WTO) • Tariffs to trade declined • SPS/TBT measures impede trade in agriculture and food products • Creation of WTO and SPS and TBT Agreements

3. Assess impact of SPS/TBT measures and WTO SPS/TBT Agreements on exports of developing countries and consumers Identify means by which to reduce negative effect of SPS/TBT and protect consumers

4. Key Problems • Developed countries apply stricter SPS/TBT measures and control to developing countries • Controls in developing countries weak and fragmented • SPS/TBT requirements incompatible with production and marketing systems • Costs for needed changes act as trade restrictions (resources, infrastructure constraints)

5. Impact of SPS/TBT Measures on Developing Countries • Progress since W W II in lowering barriers to trade (tariffs) • Agriculture and food production -Uruguay Round • Non-tariff barriers increased • Great increase in rate of notifications of technical measures to WTO • Technical standards are a third of all non-tariff measures

6. Specific Solutions to Problems Due to SPS/TBT Requirements Longer period of compliance • Greater account of impact on developing countries in setting SPS requirements • Greater harmonization of SPS requirements • Revision of notification procedures • Revision of procedures in int. stds. orgs • Revision of own country’s administrative arrangements for SPS requirements

7. More appropriate technical assistance • Greater level of technical assistance • Legal assistance to participate in dispute settlement • Greater regional co-operation between developing countries on SPS issues

8. Potential Benefits from SPS/TBT Measures • Enhanced transparency, reduced transaction costs • Clear settlement procedures • Greater account of specific situations and problems of developing countries • Greater international harmonization of national SPS measures • Enhanced levels of technical assistance

9. Wider Positive Implications • Improvement in quality management • Quality of products in domestic market • Enhanced export potential

10. Codex Alimentarius Commission PURPOSE: • Protecting consumers’ health • Ensuring fair practices in food trade • Coordinating all food standards work • Facilitating international food trade

11. Structure • Codex Alimentarius Commission • Codex Executive Committee • Codex Secretariat • Codex Committees • Worldwide General Subject Committees • Worldwide Commodity Committees • Regional Coordinating Committees • Ad Hoc Task Forces

12. Relationship Between Codex and the World Trade Organization The WTO Agreement on Sanitary and Phytosanitary Measures (SPS) Says That: • food safety measures which are necessary to protect public health should conform to Codex Standards, and • national regulations which are consistent with Codex meet the requirements of the SPS Agreement

13. SPS and Codex • Codex Standards, Guidelines and other recommendations are presumed to meet the requirements of the SPS Agreement • The SPS Agreement calls on countries to harmonize their national standards, based on Codex

14. For SPS Codex Standards are: • reference points for resolving trade disputes • reference points for harmonizing national food safety standards

15. The Agreement on Technical Barriers to Trade (TBT) • Covers all other aspects of food standards • quality provisions • nutritional requirements • labelling • methods of analysis

16. TBT Measures must be: • shown to have a legitimate purpose • proportional to the desired purpose • based on international standards

17. Food Standards • safety and hygiene • quality • packaging • labelling • handling and storage

18. Safety (Sanitary) Standards • additives • environmental contaminants • agricultural chemicals • radioactivity • micro-organisms and their toxins

19. Activities of the Codex Alimentarius Commission • 204 Food Standards • 43 Codes of Practice • 33 Guidelines • 237 Pesticides evaluated • 2516 Limits for Pesticide Residues • 25 Contaminants evaluated • 1300 Food Additives evaluated • 70 Veterinary Drugs evaluated • 289 Limits for Veterinary Drugs

20. Consumer Protection in theWork of Codex • Since 1945 FAO has assisted in the improvement of standards applied to food and other agricultural products • Since 1960 Codex has emphasized (Article1 Statutes): • protecting consumers’ health • ensure fair practices in food and trade • promoting & establishing international standards for food quality and safety

21. FAO Initiatives in Consumer Protection • The United Nations Economic and Social Council (1970): “Guidelines for Consumer Protection” (Resolution 39/48 of the United Nations General Assembly, April 1985) • Guidelines for Consumer Protection (United Nations, 1986): calls upon governments to develop/strengthen/maintain strong consumer protection policies/programmes in the areas of physical safety/economic interest/safety and quality of consumer goods & services/measures enabling consumers to obtain redress and consumer education.

22. The United Nations General Assembly recognizes such basic consumer rights as: • the right to health and safety • the right to protection of economic interest • the right to choose • the right to be informed • the right of effective consumer redress • the right to be heard

23. FAO Conference on International Food Trade Beyond 2000 (Melbourne, 11-15 Oct 1999) • Considered a paper on Assuring Food Quality and Safety - The Role of Consumers • Governments should clearly acknowledge the role of consumers …. in the development of national and international food standards to improve transparency and engender commitment • FAO, WHO, government agencies and industry should make greater efforts to learn and respond to consumers’ legitimate concerns about food safety and quality • Supported efforts by FAO and WHO to explore strategies to collect information from all regions of the world about consumer perceptions, beliefs and motivations concerning food, nutrition and food safety

24. 23rd Session of the Codex Alimentarius Commission 1999 • Recommendations on Consumer Involvement in the Work of the Codex Alimentarius Commission • Principles Concerning the Participation of INGOs in the Work of the Codex Alimentarius Commission • 121 INGOs registered as Observer Status

25. 24th Session of the Codex Alimentarius Commission 2-7/7/01 • Report by the Secretariat on relations between the CAC and international non-governmental organizations Alinorm 01/8, Part II. • 19 additional INGOs granted Observer Status

26. Some Facts and Figures • INGOs observers in Codex 100% • Professional scientific/assoc. 18% • Consumer and other civil soc. 9% • Industry and trade assoc. 73%

27. More Facts • Delegates at 23 CAC 458 Government 353 Industry 79 Consumers 9 Others (res.inst.) 17

28. Recommendations on Consumer Involvement in CodexConsumers represented since 1965 • Checklist of Measurable Objectives • Development of Guidelines/Models • Funding and Support • Dissemination of Information • Workshops/Seminars • Coordinating Committees

29. Principles Concerning theParticipation of INGOs(Codex Procedural Manual 11th Edition, 2000) • Purpose • Type of Relationship • Organization Eligibility for Observer Status • Procedure for Obtaining Observer Status • Privileges and Obligations • Review of Observer Status • Information Required on Requesting Observer Status • http://www.codexalimentarius.net/Manual/ingos.htm

30. Consumers in Codex • Discussed in depth at 20th and 23rd sessions of the CAC • The CAC has taken steps to improve consumer consultations at the national level

31. Industry, consumers & others • Treated equally in Codex as “NGO’s” • Improved transparency in granting “Observer status” (1999) • Consideration of access to the Executive Committee on an equal basis (CCGP, 2000)

32. FAO Publications on consumer issues • FAO Expert Consultation on Integration of Consumer Interests in Food Control (Rome, June 1993) • Joint FAO/WHO Expert Consultation on the Application of Risk Communication to Food Standards and Safety Matters (Rome February 1998) • Consumer Participation in Food Control, Food, Nutrition and Agriculture: 8/9, 1993

33. Increasing Consumer Participationat the National Level • countries without a developed consumer movement: • governments/international organizations should stimulate consumer awareness of food quality and safety matters, including the work of Codex, by: • giving information via the media • giving information on existing relevant organizations and other appropriate fora • encouraging consumer participation in decision making

34. Countries with a Developed Consumer Movement • governments should be encouraged to consider setting up a regular consultative procedure such as a national Codex advisory group or a National Codex Committee, in which the representative views of consumers are given equal consideration with the views of producers, industry and trade • Numerous FAO/ESNS/TCP to strengthen National Codex Committees

35. To Increase Consumer Participation at the International Level: • regular consultation with consumers when deciding national positions before Codex and related meetings. • governments should encourage support/funding for consumer experts/representatives to participate in Codex and other food quality/safety work.

36. Information and Support • FAO/WHO summaries of Codes issued and discussions for public distribution. • National Codex Contact Point and National Codex Committees guidelines and support to disseminate information to relevant organizations including consumer's organizations. • TCPs on strengthening Codex related work

37. The International Conference on Nutrition (ICN) recommend that: • consumers be protected through improved food quality/safety • consumer/producer organizations be given rights to consultation with advisory/decision making bodies to facilitate open/transparent access to information/participation in the food control process • The Expert Consultation on Integration of Consumer Interest in Food Control, Rome, 1993 examined almost all aspects of consumer interests in Food Control.

38. The World Food Summit (WFS) FAO, Rome, November 1996 Plan of Action - Objective 7.2 “To improve sub-regional/regional/international cooperation and to mobilize/optimize the use of available resources to support national efforts for the earliest possible achievement of sustainable world food security”

39. 7.2 (c) To this end: “Improve the collection, through definition of common standards, and the analysis, dissemination/utilization of information/data, desegregated inter alia by gender, needed to guide and monitor progress toward the achievement of food security; in this context, the contribution of NGOs is recognized.”WFS “Five Years Later”, to be held at FAO, Rome, 5-9/11/01

40. Application of Codex Standards in a National Consumer Protection Programme • To institute procedures and practices to ensure quality and safety food products • To ensure that labelling of food products is not misleading and that the information is sufficient, clear and understandable to enable the consumer to make informed choices • To provide information in order to enable national food control authorities to improve food control

41. Role of Consumer Associations in the Development of Food Standards • Consumer concerns => Food Standards • Consumers feel that they are not always getting fair value for their money, i.e. access to high quality food at prices they can afford • They are discontent with food that spoils, fails in taste, aroma, and palatability expectations

42. There are shortfalls, they believe, resulting from foods that are of low quality; that exceed expiry dates; that are contaminated; that carry insufficient information, e.g. especially in the case of new products and novel foods. They are concerned that unscrupulous producers and distributors are mainly interested in profits and that their governments allow producers and distributors to infringe regulations with minimal penalty on matters of adulteration.

43. Consumer Organizations’ Role in Food Control: • Consumer organizations should be very active in creating awareness of food safety issues among the public • They can play a positive role by motivating and guiding consumers on important issues with regard to specific foods, making appropriate dietary choices and demanding safe food • They can develop special programmes and at the same time cooperate actively with national agencies in the education of the consumer on food safety

44. Consumers Organizations’ role in developing food standards:To make sure that governments/industry and suppliers are working in the best interests of consumers

45. To represent consumer interests at: • National level • National Codex Committees & Subsidiary Bodies • Preparing for Codex meetings • Formulating national positions on Codex issues • Regional level at Codex Regional Committees • International Level • Codex Alimentarius Commission • Codex Worldwide Committees • Expert Consultations/Meetings

46. FAO Assistance related to consumers • Help strengthen food control systems • Assist in establishing consumer organizations • Support National Codex Committees, including consumer representation • Technical cooperation projects (TCP)

47. Technical Assistance and FAO: • Food laws, standards and regulations • Food control administration • Food laboratories • Contamination monitoring and control • Inspection and certification systems • Pesticide control • Plant risk assessments

48. Technical Assistance and FAO: • FAO Technical Cooperation Programme • Joint FAO/WHO Food Standards Programme National and Regional Seminars on: • Establishment/Administration of National Codex Contact Points/Committees • Risk Analysis • Externally Funded FAO Projects

49. New Initiatives • Global Forum of Food Safety Regulators, Morocco 10/01 • Paneuropean Conference on Food Safety and Quality, Budapest 2/02 • Food Safety and Quality Facility for the World’s Least Developed Countries

50. CONCLUSIONS FAO/ESNS technical assistance and activities include and encourage consumer participation CODEX recognizes that consumers play an active, important role in the food control process through their participation in the standard-setting process and discussions on scientific and technical issues. CODEX ALIMENTARIUS COMMISSION can contribute to understanding the issues and to achieving rational standards.