G/SPS/GEN/2150  
31 July 2023 
(23-5172) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
RESTRICTIONS IMPOSED BY THE EUROPEAN UNION 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 FOODSTUFFS (STC NO. 503) 
COMMUNICATION FROM PERU  
The following communication, received on 28  July 2023, is being cir culated at the request of the 
delegation of Peru. 
 
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1.  Peru would like to present to WTO Members its specific trade concern with respect to 
Commission  Regulation (EU) No. 488/2014 of 1 2 May 2014 amending Regulation (EC) 
No 1881/2006 as regard s maximum levels of cadmium in foodstuffs.  
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 conside rs 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 accoun t of: 
i. The opinion 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;  
ii. The statements made by  the FAO on behalf of the Secretariat of the Joint FAO/WHO Expert 
Committee 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 so urces of dietary exposure and does not amount to a public health 
concern;  
iii. Document JECFA/91/SC of 5 March  2021, which indicates that the cadmium contribution of 
cocoa products continues to be minor, even in countries in which the consumption  of such 
products is high;  
iv. 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 submissi on to the 45th Session of 
the Codex Alimentarius Commission . These 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 Art icle 3 of the WTO 
SPS Agreement, Members must base their measures 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/2150  
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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 account the points raised in this 
communication and in the statement made in October  2022 during the SPS subcommittee 
of our bilateral agreeme nt; 
ii. consider removing chocolate and other cocoa products from the Regulation's scope of 
application, given the negative effects already produced by the Regulation;  
iii. continue to provide scientific, technological and financial support to Peru to miti gate the 
presence of cadmium in cocoa production.  
 
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