G/SPS/GEN/2122   
27 April 2023  
(23-2987) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
  
EU RESTRICTIONS ON EXPORTS OF CHOCOLATE AND COCOA PRODUCTS  
DUE TO THE APPLICATION OF THE COMMISSION REGULATION (EU)  
NO. 488/2014 OF 12 MAY 2014 AMENDING REGULATION (EC)  
NO. 1881/2006 AS REGARDS MAXIMUM LEVELS OF CADMIUM  
IN FOODSTUFF (STC NO. 503) 
COMMUNICATION FROM PERU  
The following communication, received on 26 April 2023, is being circulated at the request of the 
delegation  of Peru. 
 
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1.  Peru would like once again to present to WTO Members its specific 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 foodstuff.  
2.  In this regard, the European Regulation establishes maximum levels of cadmium in chocolate 
and other cocoa products that, we reiterate, have a negative impact on trade in cocoa beans and 
cocoa powder.  
3.  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 
the following:  
a. The opi nion of the Joint FAO/WHO Expert Committee on Food Additives, 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 Secretariat of the Joint FAO/WHO Expert 
Committe e on Food Additives at the 42nd Session of the Codex Alimentarius Commission 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 
conce rn; 
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 document approved by the Committee on Contaminants in Foods (CCCF15) in May 2022 
through which the maximum levels proposed by the Electronic Working Group for cadmium 
in cocoa products and cocoa powder were established for submission to the 45th Session of 
the Codex Alimentarius Commission. Th ese levels were approved by the Commission at the 
Session, thus finalizing an international standard after many years of work.  
4.  Against this backdrop, Peru wishes to stress that, pursuant to Article 3 of the WTO 
SPS Agreement, Members must base their measur es on international reference standards. 
Developments in the framework of the Codex Alimentarius show that European Union levels are 
more restrictive than is necessary to protect public health.  G/SPS/GEN/2122  
 
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  5.  In light of the above, Peru calls upon the European Union to:  
i. review Regulation (EU) No. 488/2014 taking into consideration the points raised in this 
communication and in the statement made bilaterally in October 2022;  
ii. apply international standards and the conclusions of the Joint FAO/WHO Expert Committee 
on Food Add itives (JECFA);  
iii. consider removing chocolate and other cocoa products from the Regulation's scope of 
application, given the negative effects already produced by the Regulation;  
iv. continue to provide scientific, technological and financial support to Peru to m itigate the 
presence of cadmium in cocoa production.  
 
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