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laporan bersama perwakilan malaysia - Food Safety and Quality ...

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2.2.9 DISCUSSION PAPER ON USE OF NOTE 161 (Agenda Item 5g)<br />

HIGHLIGHTS OF DISCUSSION<br />

(Documents: CX/FA 11/43/13; CRD 17 (EU <strong>and</strong> Kenya); CRD<br />

25 (EU <strong>and</strong> Japan))<br />

The Committee recalled that the 41 st CCFA had agreed to<br />

request comments (CL 2009/7-FA, Part B, point 7) on the<br />

application of Note 161 “Subject to national legislation of the<br />

importing country aimed in particular at consistency with Section<br />

3.2 of the Preamble” because of the concern of several<br />

delegations on the possible adverse impact of the<br />

extensive use of this Note in the GSFA. The 42 nd CCFA had<br />

agreed to establish an e-WG, led by the Netherl<strong>and</strong>s, to prepare<br />

a discussion paper containing proposals for criteria <strong>and</strong><br />

conditions for the use of Note 161 in the GSFA.<br />

The Delegation of the Netherl<strong>and</strong>s introduced the report of the<br />

e-WG (CX/FA 11/43/13) <strong>and</strong> reported that the e-WG had not<br />

reached agreement on criteria <strong>and</strong> conditions for the use of<br />

Note 161. There was no consensus in the e-WG on how to<br />

deal with instances of the Note already included in the<br />

GSFA or with future requests for including the Note. Several<br />

proposals had been presented to limit the application of the<br />

Note, e.g. to its original purpose for sweeteners <strong>and</strong> colours or<br />

to cases when no consensus existed if a proposal was in line<br />

with section 3.2 of the Preamble of the GSFA. It had also been<br />

suggested that Note 161 would be used less if more discussion<br />

time was available in the physical Working Group on the GSFA.<br />

Several members were of the opinion that the possibility to<br />

use Note 161 was important <strong>and</strong> had often been requested<br />

because the procedures established in Section 3.2 of the<br />

Preamble of the GSFA, as well as in the Procedural Manual,<br />

i.e. Procedures for the entry <strong>and</strong> review of food additive<br />

provisions in the General St<strong>and</strong>ard for <strong>Food</strong> Additives, had<br />

not been followed strictly enough. However, they agreed that<br />

COMMITTEE'S DECISION<br />

The Committee agreed to establish an e-<br />

WG, led by South Africa <strong>and</strong> open to all<br />

Members <strong>and</strong> Observers <strong>and</strong> working in<br />

English only, to continue working on a<br />

discussion paper on the application of<br />

Note 161 <strong>and</strong> in particular to formulate<br />

recommendations to facilitate a uniform<br />

implementation of Section 3.2 of the<br />

Preamble of the GSFA to address the use<br />

of Note 161.<br />

TINDAKAN<br />

MALAYSIA<br />

JKCK FA perlu ambil<br />

perhatian perkara ini.<br />

Nota:<br />

Perkara ini perlu<br />

dibincangkan dengan<br />

lebih teliti mungkin<br />

dengan<br />

mengambilkira<br />

penggunaan klausa<br />

seperti ini di dalam<br />

Codex Committee<br />

yang lain serta<br />

kesannya kepada<br />

negara.<br />

36

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