G/SPS/GEN/1422  
29 June 2015  
(15-3333) Page: 1/2  
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
  COMMENTS ON THE PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT 
AND OF THE COUNCIL ON NOVEL FOODS (DOCUMENT G/SPS/N/EU/64) 
COMMUNICATION FROM PERU 
The following communication, received on 26 June 2015, is being circulated at the request of the 
delegation of Peru. 
 
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  1.  Peru reiterates its concern regarding the European Union's proposal for a Regulation repealing 
Regulation (EC) No. 258/97 on novel foods, notified to this Committee in document 
G/SPS/N/EU/64 and the addenda thereto. 
2.  The proposed Regulation appears to run contra ry to Article 2.2 of the Agreement on the 
Application of Sanitary and Phytosanitary Measur es (SPS Agreement), which requires that any 
sanitary or phytosanitary measure be applied only to the extent necessary to protect human, animal or plant life or health, be based on scientific principles, and not be maintained without 
sufficient scientific evidence. Accordingly, Peru requests the European Union to indicate the 
scientific basis for the Regulation on novel foods and for the adoption of 15 May 1997 as a base 
date for ensuring the history of safe consumption of a novel food. 
3.  The proposed Regulation also appears to be inconsistent with Articles 5.1 and 5.2 of 
the SPS Agreement, since the obligation to ensure  that sanitary and phytosanitary measures are 
based on an assessment of the risks to human life or health lies with the importing Member. 
4.  It should be emphasized that Peru's traditional biodiversity products with high export potential 
are being affected by the European Union's current Regulation on novel foods. By way of example, 
the chart below shows Peru's global exports of huito ( Genipa Americana  L.)
1, which increased by 
more than 240% in 2014 and went to markets such as the United States, Japan and Russia. 
5.  The following statistics show that huito has a long history of safe consumption and is therefore 
widely accepted in the international market. Nonetheless, the marketing of this food in the European market is restricted and its real pote ntial cannot be exploited, to the detriment of 
small- and medium-sized Peruvian producers and exporters of the product. As a result, while huito 
exports to the world amounted to US$674,930.28 and US$2,327,728.91 in 2013 and 2014 
respectively, no exports were destined for the European Union during the same period. 
 
                                               
1 Huito is an Amazonian fruit used to make jam, soft drinks, syrups, ice cream, sweets and other 
preparations. Currently, 100% of Peruvian exports of this product are in the form of natural juices. G/SPS/GEN/1422 
- 2 - 
   ‐ 10,000.00 20,000.00 30,000.00 40,000.00 50,000.00 60,000.00 70,000.00
 ‐ 500,000.00 1,000,000.00 1,500,000.00 2,000,000.00 2,500,000.00
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015*
Dollars f.o.b. ‐European  UnionDollars f.o.b. ‐WorldExports of huito
World European  Union
 
* Data as at March 2015. 
Source:  Promperú 
6.  In conclusion, Peru hopes that the European Union will take into consideration the points that 
have been raised both in this document and th roughout the years spent discussing this topic in 
the Committee, since this measure represents an obstacle to real and effective access to the European market for traditional biodiversity products. 
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