Codex Alimentarius Commission and the World Trade Organization Legal Order

• Author: Toma-Bianov, A.
• Position: Department of Law, Transilvania University of Brasov
• Pages: 191-196

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 6 (55) No. 1 - 2013

CODEX ALIMENTARIUS COMMISSION

AND THE WORLD TRADE

ORGANIZATION LEGAL ORDER

Ana-Maria TOMA-BIANOV1

Abstract: This article examines the way in which Codex Alimentarius

Commission played an important role in adopting international food

standards, and also the way in which the Codex affected the World Trade

Organization applicable law. The Codex standards are considered the

benchmark for international food standards; still this situation gave rise to

remarkable political and legal consequences for the members of World Trade

Organization whether they were or not also members of the Codex

Commission. According to SPS and TBT Agreements, all WTO members are

obliged to comply with the Codex food regulations. Certain clarifications

regarding the role of Codex have been made through the WTO dispute

settlement mechanism.

Key words: Codex Alimentarius Commission, food standards, World Trade

Organization.

1 Department of Law, Transilvania University of Braşov.

1. Introduction

Codex Alimentarius Commission was

created in 1962 by Food and Agriculture

Organization (FAO) and World Health

Organization (WHO), in order to develop

food standards, guidelines and codes of

practice under the Joint FAO/WHO Food

Standards Programme. The Codex

Commission main goals were to protect

the health of the consumers, to promote

fair trade practices in the food trade and

to promote coordination of all food

standards. Codex Alimentarius is the

main instrument for the harmonization of

food standards, and constitutes a

collection of internationally adopted food

standards, codes of practice and

maximum residue limits of pesticides

and veterinary drugs in fo od. The

objectives of Codex are to protect the

health of consumers, to ensure fair

practices in food trade and to promote

the coordination of all food standards

work undertaken by national

governments. Given its main

responsibilities and purposes, the Codex

Alimentarius Commission was referred

to by the World Trade Organization

(WTO), during the Uruguay Round of

GATT, as the central reference point for

the elaboration of international food

standards. This historical fact is of great

importance since the Codex was legally

and institutionally linked to the most

comprehensive international regime for

regulating global food trade [1].