Task 7: Global Food Law- WTO
influence
Joint FAO/WHO Food Standards Programme
To promote fair trade in food that makes a positive contribution to consumers'life and health, the
FAO and the WHO have joined forces in a common food standards programme. In the context of this
programme, four risk assessment bodies provide a scientific basis for international standards
formulated by the Codex Alimentarius Commission
- Scientific risk assessment bodies: Risk assessment for international standard setting in the
joint food standards programme is undertaken in joint FAO and WHO committees.
o the Joint FAO/WHO Expert Committee on Food Additives (JECFA)
o the Joint FAO/WHO Meetings on Pesticide Residues (JMPR)
o the Joint FAO/WHO Meetings on Microbiological Risk Assessment (JEMRA).
o the Joint FAO/WHO Expert Meetings on Nutrition (JEMNU)
- Codex Alimentarius: set up by FOA. It sets international standards to protect health of
consumers and ensure fair practices in food trade.
The World Trade Organisation (WTO) = platform for negotiation on trade rules, but also a system of
law. Platform on negotiation: comprises a ‘single undertaking’, meaning once accord has been
reached on certain agreements, states have to accept the whole package or nothing at all. WTO is a
supranational organisation, agreements between members are binding. The Dispute Settlement
, Understanding provides an arbitration procedure (rechtspraak buiten de gewone rechter om) to
resolve conflict
- Broad principles:
o Trade in goods: governed by General Agreement on Tariffs and Trade (GATT), for
food law GATT is most important of these agreements. GATT aims to liberalise
international trade by setting equal treatment of all trading partners as the norm.
o Trade in services: governed by the General Agreement on Trade in Services (GATS)
o Intellectual property rights: governed by Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS).
- Extra agreements and annexes dealing with the special requirements of specific sectors or
issues.
- Detailed and lengthy schedules (or lists) of commitments made by individual countries
allowing specific foreign products or service-providers access to their markets.
In food trade, differences in food safety requirements or technical standards, like quality
requirements or labelling, may create trade concerns. Therefore WTO concluded two agreements:
- Agreement on Technical Barriers to Trade (TBT Agreement): ): If a measure does not fall
under the definition of the SPS agreement than the TBT agreement may apply. TBT
agreements covers wider range of products, not only food but also industrial products.
Measures adopted under the TBT agreement can have different objectives including
influence
Joint FAO/WHO Food Standards Programme
To promote fair trade in food that makes a positive contribution to consumers'life and health, the
FAO and the WHO have joined forces in a common food standards programme. In the context of this
programme, four risk assessment bodies provide a scientific basis for international standards
formulated by the Codex Alimentarius Commission
- Scientific risk assessment bodies: Risk assessment for international standard setting in the
joint food standards programme is undertaken in joint FAO and WHO committees.
o the Joint FAO/WHO Expert Committee on Food Additives (JECFA)
o the Joint FAO/WHO Meetings on Pesticide Residues (JMPR)
o the Joint FAO/WHO Meetings on Microbiological Risk Assessment (JEMRA).
o the Joint FAO/WHO Expert Meetings on Nutrition (JEMNU)
- Codex Alimentarius: set up by FOA. It sets international standards to protect health of
consumers and ensure fair practices in food trade.
The World Trade Organisation (WTO) = platform for negotiation on trade rules, but also a system of
law. Platform on negotiation: comprises a ‘single undertaking’, meaning once accord has been
reached on certain agreements, states have to accept the whole package or nothing at all. WTO is a
supranational organisation, agreements between members are binding. The Dispute Settlement
, Understanding provides an arbitration procedure (rechtspraak buiten de gewone rechter om) to
resolve conflict
- Broad principles:
o Trade in goods: governed by General Agreement on Tariffs and Trade (GATT), for
food law GATT is most important of these agreements. GATT aims to liberalise
international trade by setting equal treatment of all trading partners as the norm.
o Trade in services: governed by the General Agreement on Trade in Services (GATS)
o Intellectual property rights: governed by Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS).
- Extra agreements and annexes dealing with the special requirements of specific sectors or
issues.
- Detailed and lengthy schedules (or lists) of commitments made by individual countries
allowing specific foreign products or service-providers access to their markets.
In food trade, differences in food safety requirements or technical standards, like quality
requirements or labelling, may create trade concerns. Therefore WTO concluded two agreements:
- Agreement on Technical Barriers to Trade (TBT Agreement): ): If a measure does not fall
under the definition of the SPS agreement than the TBT agreement may apply. TBT
agreements covers wider range of products, not only food but also industrial products.
Measures adopted under the TBT agreement can have different objectives including
