G/SPS/GEN/2052   
8 July 2022  
(22-5287) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
  
EUROPEAN UNION RESTRICTIONS ON EXPORTS OF CHOCOLATE AND COCOA PRODUCTS  
DUE TO THE APPLICATION OF COMMISSION REGULATION (EU) NO. 488/2014  
OF 12 MAY 2014 AMENDING REGULATION (EC) NO. 1881/2006  
AS REGARDS MAXIMUM LEVELS OF CADMIUM  
IN FOODSTUFFS (PCE NO. 503) 
COMMUNICATION FROM PERU  
The following communication, received on 8 July 2022, is being circulated at the request of the 
delegati on of Peru. 
 
_______________  
 
 
1.  Peru would like to present to WTO Members its trade concern with respect to Commission 
Regulation (EU) No. 488/2014 of 12 May 2014 amending Regulation (EC) No. 1881/2006 as regards 
maximum levels of cadmium in foodstuffs. In specific terms, the European Regulation establishes 
maximum levels for cadmium in chocolate and other cocoa products that, in practice, have a negative 
impact on trade in cocoa beans and cocoa powder.  
2.  Peru considers that Commission Regulation (EU) No. 488/ 2014 violates Article 2 of the SPS 
Agreement because sanitary measures should be applied only to the extent necessary to protect, 
inter alia , human health and life; however, the European Union has not taken into account:  
a. The opinion of the Joint FAO/WHO Ex pert Committee on Food Additives (JECFA), at its 
77th meeting in 2013, which did not consider cadmium in cocoa to pose a risk to public 
health;  
b. The statements made by FAO on behalf of the JECFA Secretariat at the 42nd Session of the 
Codex Alimentarius Comm ission in July 2019, according to which dietary exposure to 
cadmium from cocoa is insignificant compared to other sources of dietary exposure and does 
not amount to a public health concern;  
c. Document JECFA/91/SC of 5 March 2021, which indicates that the cadmium contribution of 
cocoa products continues to be minor, even in countries where the consumption of such 
products is high;  
d. The endorsement of the JECFA position at the 15th meeting of the Codex Committee on 
Contaminants in Foods (CCCF) in May 2022 to the effect that a reduction in maximum 
cadmium levels in cocoa products would have no observable impact on health.  
3.  The European Union has established maximum cadmium levels in different types o f chocolate 
based on a possible maximum tolerable intake (TWI) of 2 .5 µg/kg body weight per week1, while the 
level used by the JECFA is 5 .8 µg/kg body weight per week. Thus, the level established by the 
European Food Safety Authority is less than half (43 .1%) of that established by the JECFA, resulting 
in lower maximum levels in its regional regulations. We therefore call on the European Union to 
 
1 Recital 3 of Regulation No. 488/2014:  
 "(3) In the scientific opinion on cadmium in food, the CONTAM Panel concluded that the mean 
dietary exposures to cadmium in European countries are close to or slightly exceeding the TWI of  2.5 μg/kg 
body weight. Certain subgroups of the population may exceed the TWI by about 2 fold. The CONTAM Panel 
further concluded that, although adverse effects on kidney function are unlikely to occur for an individual 
exposed at this level, exposure to cadmium at the population level should be reduced."  G/SPS/GEN/2052  
 
- 2 - 
 
  share scientific evidence demonstrating that European Union citizens are 232% more sensitive to 
cadmium than ci tizens elsewhere in the world.  
4.  Furthermore, Peru remains concerned that maximum cadmium levels in chocolate and cocoa 
products are still being used as a negotiation tool against producers, who have seen their incomes 
fall owing to maximum levels ranging fr om 0.3 to 1.0 ppm for cocoa beans, cocoa cakes, cocoa 
husks, cocoa paste, etc.  
5.  Moreover, the European Regulation is being used for all cocoa powder, regardless of the risk that 
it may pose. This situation is made worse by the inaccurate messages sent out b y the European 
Union, which indicate that a maximum cadmium level of 0.6 ppm is applicable to all cocoa powder.2 
6.  In light of the above, Peru calls upon the European Union to rescind Commission Regulation (EU) 
No. 488/2014 with respect to chocolate and oth er cocoa products, since it is inconsistent with the 
WTO SPS Agreement and creates unnecessary barriers to trade. In addition, Peru encourages the 
European Union to review its Regulation in line with the conclusions of the CCCF.  
__________  
 
2 European Union fact sheet:  
https://ec.europa.eu/food/system/files/2019 -
03/cs_contaminants_catalogue_cadmium_chocolate_en.pdf .