G/SPS/GEN/1444  
1 October 2015  
(15-5089)  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 30 September 2015, is being circulated at the request 
of the delegation of Peru. 
 
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  1.  Regarding the trade concern arising from th e proposed Regulation of the European Union 
repealing Regulation (EC) No. 258/97 on Novel Food s, which was notified to this Committee in 
Document G/SPS/N/EU/64 and addenda thereto, Peru would like to reiterate some of the issues raised earlier, to which the European Union has not fully replied. 
2.  The proposed Regulation is inconsistent with Article 5.1 and 5.2 (Assessment of Risk and 
Determination of the Appropriate Level of Sanitary or Phytosanitary Protection) and with Article 2.2 (Basic Rights and Obligations) of th e Agreement on the Application on Sanitary and 
Phytosanitary Measures (SPS Agreement), since the ban on the marketing of traditional 
biodiversity foods is not justified by any scientifi c evidence of the need to apply such a measure. 
Similarly, there would appear to be no scientific justification for each exporter having to demonstrate the safety of each product it wishes to place on the European market. 
3.  It should be emphasized that Peru's traditional products with high export potential derived from 
biodiversity are being affected by the Europe an Union's current regulation. The table below 
provides an example of world expo rts of Peruvian ornamental fish.
1 Trade in ornamental fish in 
Peru began in the early 1950s, and exports have spread to more than 80 countries including, for 
example, Australia, Japan, the United States, and Switzerland. Moreover, trade in ornamental fish 
is of paramount importance for vulnerable areas of Peru such as Loreto, Ucayali and Madre de 
Dios; and yet their sale in the European Union market is subject to restrictions that prevent their 
real potential from being exploited. 
                                               
1 According to data from the Peruvian Amazon Rese arch Institute (IIAP), in 2013 there existed more 
than 300 Amazon native species in Peru that could be classified as ornamental fish. G/SPS/GEN/1444 
- 2 - 
  02000000400000060000008000000100000001200000014000000Amount in USD
World EU
 
 *Exports at July 2015 
 Source: PROMPERÚ 
 
4.  Without prejudice to the issues raised earlier,  Peru requests the European Union to explain how 
the proposed Regulation would be consistent with Article 10 (Special and Differential Treatment) of 
the SPS Agreement, since it fails to take account of the special needs of developing countries like Peru as regards access for biodiversity products , and instead raises barriers that prevent such 
products from being placed on the European market. 
5.  In conclusion, Peru hopes that the European Union will be able to settle the concerns that have 
arisen in connection with the proposed Regulation, which constitutes an unwarranted barrier to 
trade in biodiversity products from the developing countries. 
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