G/SPS/GEN/1602  
9 February  2018 
(18-0890) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
COMMISSION REGULATION (EU) NO. 4 88/2014 OF 12 MAY 2014  
AMENDING REGULATIO N (EC) NO. 1881/2006 AS REGARDS  
MAXIMUM  LEVELS OF CADMIUM IN FOODSTUFFS  
COMMUNICATION FROM PERU  
The following communication, dated 8  February  2018, is being circulated at the request of the 
delegation of Peru. 
 
_______________  
 
 
1.  Peru would like once again1 to raise before WTO Members its trade concern with respect 
to Commission  Regulation (EU) No. 488/2014 of 1 2 May 2014 a mending Regulation (EC) 
No. 1881/2006 as regards maximum levels of cadmium in foodstuffs . Specifically, this European 
regulation has established maximum levels for cadmium in chocolate and other cocoa products 
which could have a significant negative impact on trade in cocoa beans from Peru to the 
European  Union and other worldwide destinations . While it is true that Regulation (EU) 
No. 488/2014 does not establish limits for cadmium in cocoa beans, importers apply the limits for 
chocolate to cocoa beans.  
2.  This Regulation would constitute an unwarranted barrier to trade, since in  2009, and again 
in 2011, the Scientific Panel on Contaminants in the Food Chain (CO NTAM Panel ) of 
the European  Food Safety Authority (E FSA) found that it was  unlikely that dietary cadmium 
exposure in Europe would produce  adverse effects on an individual . In spite of this, the European 
Regulation has included maximum levels for chocolate and cocoa products which only contribute  
4.3% of dietary cadmium exposure.2 
3.  Moreover, the Joint FAO/WHO Expert Committee on Food Additives (JECFA) considers a food to 
represent a risk when it contributes  5% or more of the maximum tolerable intake of the 
contaminant, so that based on  this parameter, there were no grounds  for incl uding chocolate and 
cocoa products  – which contribute  only 4.3 % to dietary cadmium  exposure – in 
Commission  Regulation (EU) No. 488/2014.  
4.  At the same time, a Codex Standard is being developed for maximum cadmium levels in 
chocolate and cocoa products , which could  serve as a reference in order to avoid adverse trade 
effects when Regulation (EU) No. 488/2014 enters in force in  2019.  
5.  Similarly, at the International Symposium on Cocoa Research (ISCR) held in Lima from 13 to 
17 November  2017, experts recommended  that the stipulated deadline for  the cadmium levels 
established by the European Union be extended.  
6.  The economic impact of this Regulation on Peru's trade would be considerable o wing both to 
the importance  of cocoa  in the different regions of the country , most of which  produce the highest 
quality fine and flavour cocoa, and to its use as an alternative to coca leaf production . In other 
words, not only would the Regulation  damage trade, but  it would also undermine  the alternative 
development initiatives whi ch involve enormous national efforts and rely on the valuable support 
of international cooperatio n, including the European Union.  This, in its turn, would pose a number 
                                                
1 See document G/SPS/GEN/1587 on the same subject, circulated on 30  October  2017.  
2 Source: Machu Picchu Foods.  G/SPS/GEN/1602  
- 2 - 
  of serious challenges in the fight against illicit drug trafficking , undermin ing the  social and 
economic development efforts of the most vulnerable communities.  
7.  Cocoa activities in Peru involve 16 cocoa producing regions3 and generate employment  for 
some 90,000  cocoa families . One hundred and thirty -six thousand hectares are harvested, 
bringing Peruvian exports of cocoa and cocoa products to approximately US$216  million, with 
more than 60  export markets as of November  2017.4 While approximately 80 % of Peruvian cocoa 
is exported to the European market, third markets could also be affected by t he uncertainty 
surrounding the possible unproven effects on human health.  
8.  Peru considers the European Regulation to be contrary to the WTO Agreement on the 
Application of Sanitary and Phytosanitary Measures (SPS  Agreement) . Commission Regulation (EU) 
No. 488/2014 retains the reference to the identification of the danger of the maximum cadmium 
level in chocolate and other cocoa products, and not of the risk that it could represent for human 
health . This would constitute  a violation of the SPS  Agreement in th at it would be an unjustified 
trade barrier . Under Article  2 of the SPS  Agreement, the European  Union's measure should have 
opted for  a less trade restrictive approach.  
9.  For the above reasons, and considering that the dietary cadmium exposure produced by 
chocolate and cocoa products is not classified as  a risk under the JEFCA guidelines, Peru asks the 
European Union to exclude chocolate and cocoa products from the scope of Commission  Regulation 
(EU) No. 488/2014 until the Codex Committee on Contaminants in Foods (CCCF) has been able to 
issue an international reference standard , currently under prepar ation, and until proper scientific 
evidence  has been provided , thus avoiding unnecessary trade restrictions . 
__________  
                                                
3 Amazonas, Ayacucho, Cajamarca, Cusco, Huánuco, Junín, La Libertad, Lambayeque, Loreto, Madre de 
Dios, Pasco, Piura, Puno, San Martin, Tumbes and Ucayali.  
4 Source: Peru Export and Tourism Promotion Board (PROMPERU).