. /.  WORLD TRADE  
ORGANIZATION   
G/SPS/GEN/1194 
5 October 2012 
 (12-5408) 
Committee on Sanitary and Phytosanitary Measures Original: Spanish 
  
 
IMPLEMENTATION OF REGULATION NO. 258/97 
CONCERNING NOVEL FOODS 
 
Communication from Peru 
 
 
1. Peru once again wishes to raise before th e Committee on Sanitary and Phytosanitary 
Measures its trade concern regarding Regulation No . 258/97 of the European Parliament and of the 
Council concerning novel foods, the implementation of which continu es to restrict access to the 
European market for traditional products derived from biodiversity that were not marketed in the 
European Union before 15 May 1997 (products wh ich this Regulation refers to as "novel foods"). 
2. Peru considers the provisions of Regulation No . 258/97 to be unneces sary and unjustified in 
so far as they equate products that are new in the strict sense with products that already have a history 
of safe consumption in other markets and so present no risk whatsoever to European consumers, as is 
the case of traditional Peruvian products derive d from biodiversity, such as yacón, sacha inchi and 
camu camu. 
3. The wild or cultivated yacón plant ( Smallanthus sonchifolius ) is a product of biodiversity 
currently found in a large part of the Andean highlands.  Yacón syrup has secured a good position in 
the natural sweetener market thanks to its low calorie  content, which is linked to its high content of 
fructooligosaccharides (FOS). 
4. The following table shows how the consumption of yacón syrup has increased in different 
countries.  From the data shown, it is clear that  yacón syrup has a history of safe consumption not 
only in countries such as the United States, but in so me Member States of the European Union such as 
the Netherlands, the United Kingdom and Germany, and that it has managed to expand into the 
international market while maintaining its original consumer base. G/SPS/GEN/1194 
Page 2  
 
  Exports of yacón syrup from Peru to other countries 
 
 
 
Source :  PROMPERU 
 
5. Peru recognizes that ensuring an appropriate leve l of protection for consumers is a legitimate 
objective.  However, as pointed out in previous  communications, it considers Regulation No. 258/97 
to constitute, in practice, an unnecessary and unjustifie d barrier to trade, as this instrument not only 
fails to distinguish between products that are new in  the strict sense (which have not been consumed 
anywhere in the world) and foods that have not been consumed or marketed specifically in the 
European Union, but discriminates against traditiona l products of biodiversity because they were not 
marketed significantly in Europe be fore an arbitrary date (May 1997). 
6. Peru also wishes to point out that while count ries are able to adopt measures establishing the 
levels of protection they consider appropriate, th ese measures must not be more trade-restrictive than 
required and must be adopted on the basis of a pr oper risk assessment and scientific evidence, as 
stipulated in Article 5 of the WTO Agreement on Sa nitary and Phytosanitary Measures.  In the case of 
the Regulation in question, and despite requests made  in previous communications, we have not been 
given any technical information that supports the need for this Regulation and its application to 
traditional products deriving from our biodiversity. 
7. For the above reasons, Peru requests the Eur opean Union to exclude from the scope of 
Regulation No. 258/97 concerning nove l foods, or from any future amendment thereto, any traditional 
products derived from biodiversity that have a histor y of safe consumption in their country of origin 
or in other markets outside Europe, so that the ma rketing of such products by developing countries is 
not unduly affected. 
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