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Review of New Zealand’s Strategic Objectives in Codex 2005-2008

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Codex and the World Trade Organisation

In 1995, the World Trade Organisation (WTO) concluded a Sanitary and Phytosanitary (SPS) Agreement and identified three international standard setting bodies for the purposes of providing benchmark standards, regulations and guides for international trade. Codex is one of these three bodies. The other two are the World Organisation for Animal Health (OIE) and the International Plant Protection Commission (IPPC).

The SPS Agreement encourages the harmonisation of international standards and the use of standards, guidelines and text where they are already in existence. It places great importance on the role of sound science in standard setting, encouraging Members to base their measures on risk assessment, and to take no more measures than are necessary to meet an appropriate level of protection. The Agreement also provided formal recognition for the concept of equivalence.

Another WTO Agreement, the Technical Barriers to Trade Agreement (TBT Agreement), addresses the development of technical regulations and standards and via its mechanisms seeks to ensure that the regulations developed do not create technical barriers to trade or disguise unjustified barriers to trade.

The SPS and TBT Agreements provide a strong framework for the development of international standards at Codex and underpin the first two of NZFSA’s objectives in the Codex Strategy

Analysis of Current Objectives

The Promotion and Application of Sound Science, Risk Assessment and Fair Trade Principles in Codex Standards Development

In recent years the primacy of science in the role of setting Codex standards has been repeatedly emphasised. New Zealand’s reputation for highly effective and efficient food control programmes, and our experience and expertise in the international food safety arena, are well recognised and respected at Codex and provides an essential contribution in achieving our strategic objectives. Further, for a small country, we have had a very high level of influence on the content of Codex standards and texts over the last decade, especially in the area of risk analysis principles and their application in the various committees. This influence is highly reflective of New Zealand’s interests and commitment to science and risk assessment as the basis for international standards.

Promoting this position at Codex has provided challenges as some member countries work to see standards adopted that reflect their local practices and/or legislation, rather than being objectively based on science and risk assessment. In clearly and consistently advocating for sound science and risk analysis as a basis for standard setting, New Zealand has demonstrated its ethical support for the principles of Codex at a high level. Consumer health protection has also been at the forefront of New Zealand’s position on promoting sound science and risk analysis at Codex. It is considered that the most important contributor to clear and transparent protection of consumers (in relation to food in trade) is the systematic and objective application of good science and risk assessment in the development of standards.

Some countries also argue against updating standards to take better account of new science and risk assessment, gaining comfort from the older more prescriptive standards. However it is essential that international standards reflect the newer environment and facilitate cost-effective and innovative food production processes and regulatory controls. New Zealand has strongly supported and invested in the modernisation of outmoded standards where needed.

The work New Zealand has undertaken as part of the standards developed at the Meat Hygiene and Milk and Milk Products Committees, demonstrates New Zealand’s commitment to sound science and risk assessment as a basis for standards development. The work undertaken by New Zealand in the important general subject Codex Committee on Food Import and Export Inspection and Certification Systems, has promoted fair trade principles through the development of international guidelines on the judgement of equivalence. Examination of New Zealand’s representation at Codex shows delegates have consistently and successfully advocated for standards to be developed that follow this ethos. This is entirely consistent with the key provisions of the WTO SPS Agreement and TBT Agreement and ensures that consumer health is protected and trade facilitated.

Strengthening the Codex System

Another of New Zealand’s objectives was to support the strengthening of the Codex system. An international system is only as good as the extent and level of involvement of the international community. In 2003, Codex was evaluated by FAO/WHO and changes were subsequently made which sought improved efficiencies and better prioritisation of work throughout Codex. The majority of member countries supported the proposal to impose tighter time constraints on work with better critiquing of proposed work. Some members also encouraged restructuring and merging of Committees, however this measure received less support.

To achieve these efficiencies New Zealand has performed critical reviews of Codex work, supported closer collaborative efforts between Codex and other international bodies and contributed at all times to ensuring that, where possible, Codex standards have been focused on health and safety, represented cost-effective and efficient choices in respect of food control measures, thereby encouraging the widest possible application by members.

As noted in the 2005 strategy, New Zealand, along with other member countries, has had concerns about the efficiency of Codex and the length of time it takes to complete work. Helping to correct this was an important strategic goal. As an example of this aspect of the New Zealand strategy in action, New Zealand recently led the Codex Committee on Meat Hygiene (CCMH) through an extensive but highly targeted work programme to reduce five old meat hygiene codes into one and base this consolidation and rework on risk analysis principles. This work was completed in four sessions of the CCMH and the new Code of Hygienic Practice for Meat is held up as one of the best examples of a host country developing a contemporary and wide-ranging standard, which has relevance and application, and was developed in record time.

Codex has also shown some interest in complementing the Committee structure by higher utilisation of task force mechanisms which can operate in an ad-hoc and perhaps more efficient manner, where a specific food control issue needs to be urgently addressed. Further, a task force cannot easily extend its programme without getting approval from Codex, so there is more pressure on them to complete their programme within the timelines provided. In this context, New Zealand participated in the Task Force on Foods Derived from Biotechnology, which completed its work programme ahead of time. Much of this was attributed to the hosting/chairing by Japan but also to the preparedness by Members to undertake considerable intersessional work.
New Zealand is presently involved in the work of the Task Force on Antimicrobials, which is on target to meet its deadlines. The clear expectation is that the combination of reform to review new work proposals, expedite committee work with pre-determined timeframes and the introduction of task force mechanisms will serve to achieve the overall objective of transforming Codex as an efficient and responsive organisation.

Another area in which New Zealand has had a significant level of ongoing influence is through participation in CAC and the Executive Committee. In the Executive Committee, New Zealand has been able to significantly contribute to the development of sound processes for carrying out its responsibilities for strategic oversight on standards management. As part of this evolution, the move towards a critical review of new work proposals at the Executive Committee, determining whether they are important and meet the strategic objectives of CAC before they are approved, has already provided benefits. The application and monitoring of timelines has been part of this process.

As identified in the 2005 strategy, New Zealand attaches great importance to closer collaboration between Codex and other relevant international standards bodies, with particular reference to the World Organisation for Animal Health (OIE). Such collaborative links are important to avoid duplication of work and to ensure that international standards are risk-based to the extent possible and practical and cover the whole food chain. To this end, New Zealand has chaired an OIE committee dealing with zoonotic diseases (those diseases that transfer from animals to humans, such as BSE).

Promote Effective Representation of New Zealand Interests in Codex

A key focus of the current Codex Strategy has been to provide a framework for channelling limited resources into areas of Codex that are most relevant to New Zealand from a food safety and international trade perspective. New Zealand attaches great importance to the work of the horizontal committees, given that their outputs strongly support systematic application of a
risk-based approach to standard setting. From a commodity committee perspective, New Zealand attaches greatest priority to those committees that are most important to us from trade and economic perspectives.

In addition to hosting and chairing the Codex Committee on Milk and Milk Products (CCMMP), New Zealand also participates in the work of the following Codex commodity committees, out of nine currently active:

• Fresh Fruit and Vegetables (CCFFV)

• Fish and Fish Products (CCFFP)

• Fats and Oils (CCFO).

The work of CCMMP has been hugely valuable for New Zealand as one of the largest dairy trading nations in the world. Participation in other committees, such as CCFO, has nonetheless been important to protect the interests of a small, but growing, New Zealand olive oil industry and to uphold the principle that Codex standards should take due account of global variations in composition.

New Zealand, by virtue of its emphasis on addressing issues on the basis of science, risk assessment and ethics (and at times irrespective of their impact on New Zealand), has established a profile of high credibility and confidence in Codex. Even more importantly, New Zealand has demonstrated its commitment by providing a considerable amount of technical expertise, which has had a significant influence on the standards developed since the WTO SPS and TBT Agreement came into force.

This reputation and contribution has worked very well for New Zealand in the following ways:

• the notice taken of our interventions during plenary sessions of Codex committees considering that we are a very small country in relative terms;

• the high level of influence we have established at CAC and the Codex Committee on General Principles (CCGP) level;

• the acceptance of New Zealand’s contribution to the large body of horizontal work that now constitutes the risk analysis principles and guidelines which underpin the work of Codex in a modern food safety world;

• the leadership demonstrated in the milk and meat hygiene committees through developing comprehensive, high utility commodity standards in these areas; and

• the ability to influence standards setting by leading and contributing to taskforces and working groups on an ad hoc basis.

Our credibility has also enabled us to broker solutions between large country blocs when entrenched positions, based on trade considerations, have prevented progress in standards setting.

Consistency of attendance has also been important in advancing New Zealand’s interests. New Zealand’s interests have been protected by our regular attendance at meetings and the experience and technical expertise of our delegations. Attending Codex meetings has provided excellent opportunities to establish international networks, both at the risk management (regulator) and risk assessment (technical expert) level. With the vast amount of science and risk assessment now available in the global food safety environment, fully and rapidly accessing these sources of information has provided an advantage to NZFSA in its desire to be a cutting edge and cost-effective organisation. This has also informed our domestic work (for example the Campylobacter strategy) and provided early access to expert opinion and assistance when emergency food safety issues arise, either in the domestic setting or for food in trade (import and export).

Some NZFSA staff are also members of the expert committees providing the Codex system with the expertise it requires to fulfil its work and mandate. This enhances many of the above benefits to New Zealand.

New Zealand has a traditionally strong relationship with Australia and this is reflected in many international settings and our joint food standards setting body Food Standards Australia New Zealand. In addition, New Zealand has also developed close working relationships with the USA and Canada and collectively Australia, New Zealand, Canada and the USA forms the Food Safety Quadrilateral group that represents a strong coalition of interest. More recently New Zealand and the other Quad countries have sought to establish closer dialogue and links with the members of the European Community to achieve our common interests and to more regularly include the Pacific Island countries in discussions.

Consultation and Communication

NZFSA fully recognises that to effectively represent New Zealand at Codex, engaging with other New Zealand stakeholders and interested parties, and actively seeking their contribution to our Codex work is important. Government departments, industry and consumers have all contributed on a regular basis with technical expertise and submissions on standards, pre and post adoption by Codex.

Regular, pre and post Codex meeting briefings for interested parties are held and there is extensive informal discussion between NZFSA staff and external parties on many aspects of work programmes and standard setting. Codex standards can have a high cost impact on industry sectors and NZFSA takes its responsibilities very seriously in informing industry sectors of progress in specific standard developments and their possible compliance costs and trade implications. NZFSA has also benefited from obtaining a consumer perspective (via members of the Consumer Forum) and having these reflected in our policy positions at Codex.

The NZFSA website is of high utility in engagement with external parties and the Codex section is regularly updated. The Codex Contact Point for New Zealand also proactively engages with third parties encouraging their participation and contributions.

These processes have ensured that New Zealand’s advocacy at Codex meetings has been based on sound consultation and in line with our strategic and policy interests. New Zealand has also had non-governmental representatives (industry, consumer and public interest groups) participate in Codex meetings in an observer capacity and this contributes to a wider experience base.

Summary of Analysis of Current Objectives

A number of New Zealand’s strategic objectives for participation in Codex have been met by New Zealand’s activity at Codex Committee meetings and intersessionally. New Zealand delegations have consistently advocated for the application of sound science and risk-based analysis, as a basis for international food safety standards developments, for health protection and trade in line with our objectives and in accordance with the WTO SPS Agreement. Our regular and considered attendance at Codex has seen our profile and credibility repeatedly confirmed on the international stage. And while some of the objectives contained in the 2005 Strategy remain relevant for New Zealand, others have been completed or objectives are no longer significant.