G/SPS/GEN/1935  
16 July 2021 
(21-5634) Page: 1/3 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
EUROPEAN UNION RESTRICTIONS ON EXPORTS OF CHOCOLATE AND COCOA  PRODUCTS  
DUE TO THE APPLICATION OF REGULATION (EU)  NO. 488/2014 OF 12  MAY 2014  
AMENDING COMMISSION REGULATION  (EC) NO.  1881/2006 AS REGARDS  
MAXIMUM LEVELS OF  CADMIUM IN FOODSTUFFS (NO. 503) 
COMMUNICATION FROM PERU  
The following communication, received on 1 3 July 2021, is being circulated at the request of the 
delegation of Peru. 
 
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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 specifi c 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.  First, Peru would like to highlight the trade performance and importance of the cocoa production 
chain:  
a. Peruvian exports of cocoa and cocoa products reached USD 64 million  during the 
January -March  2021 period, an increase of 15.62 % compared to the same period in 2020 . 
Of this total, approximately 39.2 % was destined for the European Union1; 
b. Organic cocoa exports account for 23 % of total cocoa bean exports;  
c. Peru is the world's eighth largest producer of cocoa beans with an estimated production 
of 150,000 tonnes for 2021. Government and private strategies  to promote and develop 
the cultivation of fine or flavour cocoa have contributed to the upward trend in production2; 
d. Peru estimates that by 2030 its production will have reached approximately 
250,000  tonnes, representing a 65 % increase on 20203; 
e. Peru, together with other Members, is leading the development of the code of practice for 
the prevention and reduction of cadmium contamination in cocoa beans within the 
framework of the Codex Committee on Contaminants in Foods;  
f. Peru h as spearheaded the creation of the cadmium working group under the International 
Cocoa Organization (ICCO);  
g. In Peru, cocoa is considered the most important alternative product to illicit crops, after 
coffee.  
 
1 Information based on data from the National Supervisory Authority for Customs and Tax 
Administration (SUNAT).  
2 International Cocoa Organization (ICCO). (2021). Quarterly Bulletin of Cocoa Statistics. 
Volume  XLVII  No.2.  
3 Information based on data from the Ministry of Agrarian Development and Irrigation (MIDAGRI).  G/SPS/GEN/1935  
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  3.  Peru considers that Commission Regulation (EU) No. 488/2014 violates Article  2 of the 
SPS Agreement 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 contributio n of cocoa products continues to be minor, even in countries 
where the consumption of such products is high .4 This document presents additional evidence that 
the presence of cadmium in chocolate and cocoa products  does not constitute  a public health conce rn 
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.  
4.  It should also be noted that, while document JECFA/91/SC refers to a hypothetical public health 
concern that could not be ruled out involving European children who only consum e 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 only 
accounted for an average of 20.8 % of total European market imports in  the period 2016 -2020.5 
5.  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 comes from cereals, 
fruits, vegetables, fish and seafood .6 A slight increase 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 does not significantly contribute to reducing total cadmium intake, including in 
children.  
6.  The European Union has established maximum c admium levels in different types of chocolate 
based on a possible maximum tolerable intake (TWI) of 2 ,5 µg/kg body weight per week7, 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 ev idence demonstrating that 
European Union citizens are 232 % more sensitive to cadmium than citizens elsewhere in the world.  
7.  Furthermore, Peru remains concerned that maximum cadmium levels in chocolate and cocoa 
products  are still being used as a negotiat ion tool against producers, who have seen their incomes 
fall due to maximum levels ranging from 0.7 to 0.8 ppm required by German buyers  and up to 1  ppm 
by French and Dutch buyers for cocoa beans.8 
8.  As previously stated, 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 by the 
European Union, which indicate that a maximum cadmium level of 0.6 ppm is applicable to all 
cocoa  powder.9 
 
4 The document is available at: https://cdn.who.int/media/doc s/default -source/food -
safety/jecfa/summary -and-conclusions/jecfa91 -1to12march2021 -summary -and-
conclusions.pdf?sfvrsn=1d79351f_5 . 
5 Information based on data from the International Trade Centre (ITC) Trade Map.  
6 JECFA/91/SC.  
7 Recital 3 of Regulation No. 4 88/2014:  
"(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."  
8 G/SPS/GEN/1906 . 
9 European Union fact sheet:  
https://ec.europa.eu/food/system/files/2019 -
03/cs_contaminants_catalogue_cadmium_chocolate_en.pdf . G/SPS/GEN/1935  
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  9.  Maximum cadmi um levels in different types of chocolate, as defined by Commission Regulation 
(EU) No. 488/2014, do not contribute significantly to addressing the public health concern that may 
arise from cadmium in food . Nor do maximum cadmium levels established by the European  Union 
create fair trading conditions, as they are harmful to cocoa producers primarily in only one region of 
the world . Such a measure is creating cost overruns for producers and their families in Peru, and in 
other Latin American countries, which  together account for approximately 18 % of world production.  
10.  In light of the 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.  
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