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Documentation for Amending:Revising Codex Standards
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Documentation for Amending:Revising Codex Standards
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Source: http://www.fao.org/docrep/W5975E/w5975e04.htm
GUIDE TO THE PROCEDURE FOR THE REVISION AND AMENDMENT OF CODEX STANDARDS
1. Proposals for the amendment or revision of Codex standards should be submitted to the Commission's Secretariat in good time (not less than three months) before the session of the Commission at which they are to be considered. The proposer of an amendment should indicate the reasons for the proposed amendment and should also state whether the proposed amendment had been previously submitted to and considered by the Codex committee concerned and/or the Commission. If the proposed amendment has already been considered by the Codex committee and/or Commission, the outcome of the consideration of the proposed amendment should be stated.
2. Taking into account such information regarding the proposed amendment as may be supplied in accordance with paragraph 1 above, the Commission will decide whether the amendment or revision of a standard is necessary. If the Commission decides in the affirmative, and the proposer of the amendment is other than a Codex committee, the proposed amendment will be referred for consideration to the appropriate Codex committee, if such committee is still in existence. If such committee is not in existence, the Commission will determine how best to deal with the proposed amendment. If the proposer of the amendment is a Codex committee, it would be open to the Commission to decide that the proposed amendment be circulated to governments for comments prior to further consideration by the sponsoring Codex Committee. In the case of an amendment proposed by a Codex Committee, it will also be open to the Commission to adopt the amendment at Step 5 or Step 8 as appropriate, where in its opinion the amendment is either of an editorial nature or of a substantive nature but consequential to provisions in similar standards adopted by it at Step 8.
3. The procedure for amending or revising a Codex standard would be as laid down in paragraphs 3 and 4 of the Introduction to the Procedure for the Elaboration of Codex Standards (see page 18 above).
4. When the Commission has decided to amend or revise a standard, the unrevised standard will remain the applicable Codex standard until the revised standard has been adopted by the Commission.
ARRANGEMENTS FOR THE AMENDMENT OF CODEX STANDARDS ELABORATED BY CODEX COMMITTEES WHICH HAVE ADJOURNED SINE DIE
I. The need to consider amending or revising adopted Codex standards arises from time to time for a variety of reasons amongst which can be:
A. changes in the evaluation of food additives, pesticides and contaminants;
B. finalization of methods of analysis;
C. editorial amendments of guidelines or other texts adopted by the Commission and related to all or a group of Codex standards e.g. "Guidelines on Date Marking", "Guidelines on Labelling of Non retail Containers", "Carry-over Principle";
D. consequential amendments to earlier Codex standards arising from Commission decisions on currently adopted standards of the same type of products;
E. consequential and other amendments arising from either revised or newly elaborated Codex standards and other texts of general applicability which have been referenced in other Codex standards (Revision of General Principles of Food Hygiene, Codex Standard for the Labelling of Prepackaged Foods);
F. technological developments or economic considerations e.g. provisions concerning styles, packaging media or other factors related to composition and essential quality criteria and consequential changes in labelling provisions;
G. modifications of standards being proposed following an examination of government notifications of acceptances and specified deviations by the Secretariat as required in accordance with the Procedure for the Elaboration of Codex standards i.e. "Subsequent Procedure concerning Publication and Acceptance of Codex Standards", page 23.
II. The Guide to the Procedure for the Revision and Amendment of Codex Standards (see page 26) covers sufficiently amendments to Codex standards which have been elaborated by still active Codex Committees and those mentioned under paragraph 1 (g) above. In the case of amendments proposed to Codex standards elaborated by Codex Committees which have adjourned sine die, the procedure places an obligation on the Commission to "determine how best to deal with the proposed amendment". In order to facilitate consideration of such amendments, in particular, those of the type mentioned in para. 1 (a), (b), (c), (d), (e) and (f), the Commission has established more detailed guidance within the existing procedure for the amendment and revision of Codex standards.
III. In the case where Codex committees have adjourned sine die:
A. the Secretariat keep under review all Codex standards originating from Codex Committees adjourned sine die and to determine the need for any amendments arising from decisions of the Commission, in particular amendments of the type mentioned in para. 1 (a), (b), (c), (d) and those of (e) if of an editorial nature. If a need to amend the standard appears appropriate then the Secretariat should prepare a text for adoption in the Commission;
B. amendments of the type in para (f) and those of (e) of a substantive nature, the Secretariat in cooperation with the national secretariat of the adjourned Committee and, if possible, the Chairperson of that Committee, should agree on the need for such an amendment and prepare a working paper containing the wording of a proposed amendment and the reasons for proposing such amendment, and request comments from Member Governments: (a) on the need to proceed with such an amendment and (b) on the proposed amendment itself. If the majority of the replies received from Member Governments is affirmative on both the need to amend the standard and the suitability of the proposed wording for the amendment or an alternative proposed wording, the proposal should be submitted to the Commission with a request to approve the amendment of the standard concerned. In cases where replies do not appear to offer an uncontroversial solution then the Commission should be informed accordingly and it would be for the Commission to determine how best to proceed.