G/SPS/GEN/1218  
 
7 March 2013  
(13-1243)  Page: 1/2  
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
IMPLEMENTATION OF REGULATION NO. 258/97 
CONCERNING NOVEL FOODS 
COMMUNICATION FROM PERU 
The following communication, dated 27 February 2013, is being circulated at the request of the 
delegation of Peru. 
 
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  1.  Peru wishes to reiterate its trade concer n regarding the implementation of Regulation 
No. 258/97 concerning novel foods, which affects and restricts entry into the European market for 
certain traditional products derived from the country's biodiversity that were not marketed in Europe prior to 15 May 1997. 
2.  The Regulation and its implementation constitu te an unwarranted barrier to international trade 
in traditional Peruvian products deriving from the country's biodiversity, owing to the high cost of preparing the request dossier for a particular form of a specific product (due to the scientific 
studies required) and the amount of time needed to approve a product's entry into the European 
market. Despite the interest shown by various EU importers in products deriving from biodiversity, the reality is that for Peru the entry of these products into the European market has been affected by the implementation of Regulation No. 258/97. 
3.  The implementation of this Regulation th erefore undermines international cooperation and 
technical assistance efforts in the areas of market development and research, training for small and medium-sized producers and exporters, qual ity control, and proper production process 
management, and contact with potential European importers of traditional products deriving 
from biodiversity. 
4.  Peru wishes to emphasize its concern regarding this Regulation by highlighting 
another example, that of camu camu ( Myrciaria dubia ), a wild fruit tree originating in the western 
Amazon basin, the fruit of which contains a hi gh content of ascorbic acid (between 2,000 
and 2,994 mg per 100g of fresh pulp) (Ferreyra, 1959; Roca, 1965; Flores, 1997; Villachica, 1996). Camu camu fruit, in juice and pulp  form, has sparked a great deal of interest on 
the international market due to its antioxidant properties (Ramos et al. 2008, Guija et al.  2005). 
Japan and the United States are the main importers of camu camu juice and pulp. 
5.  It should be noted that the Revision to the Codex Classification of Food and Animal Feed (fruit 
commodity groups) was adopted at Step 8 (the final step for the approval of a Codex Standard) 
in the report of the 35
th Session of the Joint FAO/WHO Food Standards Programme - Codex 
Alimentarius Commission, held in Rome in July 2012 (page 102 of the report). In this document, 
camu camu is considered part of the group 'Berri es and Other Small Fruits' ('Assorted Tropical and 
Sub-Tropical Fruits - Edible and Inedible Peel').1 
                                               
1 http://www.codexalimentarius.org/input/download/report/772/REP12_CACe.pdf  G/SPS/GEN/1218 
 
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  6.  The following chart shows the considerable demand for camu camu in large and demanding 
markets such as the United States and Japan, where consumers value products deriving from biodiversity for their nutritional properties. From th e information shown, it is clear that camu camu 
has a history of safe consumption in those countries and that the product has managed to expand 
into the international market. 
Chart 1 Exports of camu camu pulp and juice from Peru 
020000400006000080000100000120000140000160000
2010 2011 2012Amount in dollars
YearJapan
United States
 
Source: PROMPERU. 
7.  For this reason, applying the Regulation to products deriving from biodiversity, such 
as camu camu pulp and juice, runs counter to the biotrade initiatives funded by various countries, 
including the European Union. 
8.  At the last meeting of the Committee on Sani tary and Phytosanitary Measures in October 2012, 
the EU delegation stated that Regulation No. 258/97 was to undergo a new revision process with a 
view to possible modification. We welcome this de velopment and await its implementation. In this 
context, Peru suggests that traditional products deriving from biodiversity be excluded from the 
modified version of Regulation No. 258/97 concerning novel foods, so as to avoid a negative and 
unjustified impact on the sustainable commercial us e of the biodiversity resources of developing 
countries like Peru. 
9.  In conclusion, Peru requests that the European Union provide information on the progress of 
the revision and modification of Regulation No. 258/97 concerning novel foods, and that the 
modified version of this Regulation exclude traditional products deriving from biodiversity that have a history of safe consumption, so as to meet the interests of developing countries like Peru, 
which seek to obtain economic benefits by market ing resources deriving from their biodiversity in 
other markets. 
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