G/SPS/GEN/2010  
6 April 2022 
(22-2755) 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 4 April 2022, is being circulated at the request of the 
delegat ion of Peru. 
 
_______________  
 
 
1.  Peru would like to present to WTO Members its trade concern with respect to Commission  
Regulation (EU) No. 488/2014 of 1 2 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 of 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 because sanitary measures should only be applied to the extent necessary to protect, inter alia, 
human health and life ; however, document JECFA/91/SC of 5 March  2021 indicates that the 
cadmium contribution of cocoa products continues to be minor, even in countries where the 
consumption of such products is high .1 While document JECFA/91/SC refers to a hypothetical public 
health concern that could not be ruled out invol ving European children who consume only cocoa 
products from Latin America, such  a hypothetical situation has not actually occurred . Even if all 
cocoa bean exports from Latin America and the Caribbean were shipped to the European Union, they 
accounted for a n average of only 9.17 % of total European market imports in the period 2017 -2021.2 
3.  In addition, chocolate intake accounts for a tiny fraction of the European population's total food 
basket  and is even lower elsewhere in the world . Most cadmium consumed co mes from cereals, 
fruits, vegetables, fish and seafood3; however, it is  questionable to apply maximum cadmium levels 
to cocoa and cocoa products but not to other products that also contain high levels of cadmium, 
such as potato and wheat . A slight increas e in maximum cadmium levels in any of these food groups 
would have a greater impact than could be expected from the maximum levels in any kind of 
chocolate . Therefore, reducing cadmium intake from food by reducing cadmium in different types of 
chocolates d oes not significantly contribute to reducing total cadmium intake, including in children.  
4.  This document presents additional evidence that the presence of cadmium in chocolate and cocoa 
products does not constitute a public health concern and that the application of maximum levels of 
cadmium in chocolate and cocoa products is of no significant benefit in reducing dietary exposure to 
cadmium.  
 
1 The document is available at: https://cdn.who.int/media/docs/default -source/food -
safety/jecfa/summary -and-conclusions/jecfa91 -1to12march2021 -summary -and-
conclusions.pdf?sfvrsn=1d79351f_5 . 
2 Information based on data from the International Trade Centre (ITC) Trade Map.  
3 JECFA/91/SC.  G/SPS/GEN/2010  
- 2 - 
  5.  The European Union has established maximum cadmium levels in different types of chocolate 
based on a possible max imum tolerable weekly intake (TWI) of 2.5 µg/kg body weight4, while the 
level used by the Joint FAO/WHO Expert Committee on Food Additives (JECFA) is 5.8 µg/kg body 
weight per week . Thus, the level established by the European Food Safety Authority (EFSA) 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 share scientific evidence demonstrating that 
European Union citizens are 232 % more sensiti ve to cadmium than citizens elsewhere in the world.  
6.  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 maxi mum levels ranging from 0.3 to 1.0 ppm for cocoa beans, cocoa cakes, cocoa 
husks, cocoa paste, etc.  
7.  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 inaccurat e messages sent out by the 
European  Union, which indicate that a maximum cadmium level of 0.6 ppm is applicable to all cocoa 
powder.5 
8.  Peru has already indicated that almost all cocoa powder imported by the chocolate industry, 
including the European indust ry, is used as an input for chocolate confectionery (confectionery with 
minimum cocoa content), and a smaller percentage is destined for final consumption in the form of 
100% cocoa powder . However, in practice, making purchases on a differentiated basis - in other 
words, importing "cocoa powder for the final consumer" and "cocoa powder as an ingredient" 
separately - is not possible for importing companies.  
9.  It should be noted that Peru is the eighth largest producer of cocoa beans in the world . Cocoa 
farming  has a decentralizing and inclusive impact in Peru . It represents 16  producing regions, 
90,000  cocoa -producing families, 136,000 hectares of harvested area and 108,000tonnes of 
production . Moreover, women play a significant role in the agricultural production of cocoa, 
accounting for 21.3 % of the total number of producers . Exports in this chain exceeded 
USD 306 million  in 2021 . Exports are up 9 % from 2020, and an export potential of more than 
USD 165 million  is estimated.6 
10.  In light of t he above, Peru calls upon the European Union to rescind Commission Regulation 
(EU) No.  488/2014 with respect to chocolate and other 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 light of  the progress made this year by the 
Codex  Committee on Contaminants in Foods.  
__________  
 
4 Recital 3 of Regulation No. 488/2014:  
 "(3) In the sc ientific 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."  
5 European Union fact sheet:  
https://ec.europa.eu/food/system/files/2019 -
03/cs_contaminants_catalogue_cadmium_chocolate_en.pdf . 
6 Information based on data from the ITC.