. /.   WORLD TRADE  
ORGANIZATION  G/SPS/GEN/976 
6 November 2009 
 
 (09-5545) 
Committee on Sanitary a nd Phytosanitary Measures Original:   Spanish 
  
 
 
APPLICATION AND AMENDMENT OF EUROPEAN COMMUNITIES 
REGULATION NO. 258/97 CO NCERNING NOVEL FOODS 
 
Statement Delivered at the Meeting
 
Held on 28 and 29 October 2009  
   The following communication, received on 28 Octo ber 2009, is being circulated at the request 
of the delegation of Peru
. 
 
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 1. Peru wishes to reiterate its tr ade concern regarding the appli cation of European Communities 
Regulation No. 258/97 concerning novel foods, which affects and restricts entry into the European 
market of certain exotic traditional products (d escribed as "novel foods") derived from the country's 
biodiversity that were not marketed in Europe prior to 15 May 1997. 
2. In spite of the interest shown by various importe rs from the EC member States, entry into the 
European market of exotic traditional products has been seriously affected by Regulation No. 258/97 
and the way in which it is being applied. 
3. Even more surprising and paradoxical is the fact that these very products are supported by the 
biotrade initiatives financed in our countries by certain noteworthy EC member States such as the 
Netherlands.  All of these efforts to cooperate in  development and market research, the training of 
small and medium agro-exporters, quality control,  proper process management and contacts with 
potential importers of traditional products derived fro m biodiversity could be reduced to nothing when 
it comes to entering the Eu ropean customs territory. 
4. For example, in 2008 the Peruvian company Peruvian Functional Foods SAC signed a 
contract with the Spanish firm Pacifico Internaciona l with a view to the latter assuming representation 
of the Peruvian company in Spain and selling the product known as Sacha Inchi across Europe.  
However, this has proved impossible on account of th e Regulation.  A level of exports amounting to 
US$150,000 by December 2009 had been forecast but so  far no exports have taken place.  Likewise, 
Italian and Danish firms have expressed interest in Sacha Inchi, but the Regulation blocks access to 
the product, which cannot therefore be sold. 
5. It should be emphasized that Sacha Inchi is being marketed without the slightest restriction in 
other countries such as Mexico and Japan, just as Camu-Camu has long been exported to the Japanese 
market without its safety being called into question in any way. 
6. Peru is concerned about the continuing loss of business opportunities for Peruvian micro and 
small enterprises marketing biodiversity products such as Yacón, Camu-Camu, Sacha Inchi, etc.  In G/SPS/GEN/976 
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  spite of the interest shown by European importe rs, in practice trade operations cannot begin as the 
European market for such products is restricted under the provisions of the Regulation. 
7. Peruvian products based on the country's bi odiversity resources are granted export sanitary 
certification by the Directorate-General of Envi ronmental Health (DIGESA ), showing that the 
processing establishment has obtained sanitary authori zation, i.e. has been verified as correctly 
applying the HACCP system.  In addition, DIGESA issues a certificate of free sale stating that all 
such products are sold in the domestic market a nd are destined for human consumption, with a 
sanitary record which guarantees that they are subject to frequent sanitary surveillance. 
8. In view of the foregoing, Peru asks the Europ ean Communities to report on progress made on 
the amendment of Regulation No. 258/97 concerning  novel foods and novel food ingredients and to 
explain how it would address the interests of devel oping countries such as Peru, which are seeking to 
derive trade benefits from their biodiversity resour ces, while allowing consumers in other markets to 
benefit from products that are safe for human consumption. 
9. The European Communities has already provided information on the ongoing amendment 
process on other occasions, for which we duly expressed our thanks and appreciation.  However, we 
understand that a decisive stage has been reached in  the process of reviewing this Regulation, and we 
think that it is essential that the European Comm unities update its information and provide a status 
report on its legislation, for the benefit of my delega tion and of other delegations  that are or could be 
affected by this regulation.  
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