WORLD TRADE  
ORGANIZATION   
G/SPS/GEN/1117 
12 October 2011  
 
(11-5012) 
Committee on Sanitary and Phytosanitary Measures Original:   Spanish 
  
 
IMPLEMENTATION OF REGULATION 258/97  
CONCERNING NOVEL FOODS 
 
Communication from Peru 
 
 
 The following communication, received on 11 October 2011, is being circulated at the request of the delegation of Peru. 
 
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 1. Peru once again wishes to raise before the WT O Membership its trade concern regarding the 
implementation of Regulation 258/97 of the Euro pean Parliament and of the Council concerning 
novel foods and novel food ingredients, which restrict s effective access to th e European market of 
a number of foods and food ingredients (termed " novel foods") that were not marketed in the 
European Union before 15 May 1997. 
2. As well as the examples cited previously of tr aditional products native to Peru that are 
affected by the implementation of the Eu ropean Regulation such as camu camu ( Myrciaria dubia ), 
yacón ( Smallanthus sonchifolius ) and sacha inchi ( Plukenetia volubilis )
1, we would like to take this 
opportunity to underline the impact that this Regul ation might have on produc ts such as algarrobo 
(Prosopis pallida ). 
3. The algarrobo tree is a native species predominan t in the equatorial dry forest of northern 
Peru.  Tropical dry forests are located on Peru's north coast, between the regions of Lambayeque, 
Piura and Tumbes, covering an area of 3,230,263 hectares, and are unique ecosystems in Peru containing a great many endemic species. 
4. These forests are of considerable importance for the socio-economic development of the 
coastal regions of the north.  There are an estim ated 35,000 families who live and directly depend on 
this ecosystem, engaging in various productive activities such as sustainable exploitation of wood-based (e.g. timber, firewood, charcoal) and non-wood based products (e.g. leaves, flowers and 
fruit), and economic activities such as cattle farming,  beekeeping and processing of the fruit of the 
algarrobo tree into products such as algarroba
2 (flour) and algarrobina3 (syrup), which generates 
                                                      
1 See document G/SPS/GEN/1087 of 7 June 2011. 
2 Algarroba, the fruit of the algarrobo tree, is an elongated pod, and yellow in colour when ripe.  It has 
high nutritional value, contains protein, vitamins B2 and B6, and is rich in iron and carbohydrates, making it an 
energy food. 
3 Algarrobina is concentrated extract (also known as  syrup of algarroba or carob syrup) obtained from 
ripe algarroba fruit.  The fruit is infused with water to  make a thick, dark, pleasant-tasting liquid.  Peruvian 
Technical Standard NTP 209.600 of 2002 states that algarrobina can be produced in two different flavours:  
sweet or bitter.  Because of its pl easant taste and nutritional qualities, algorrobina is used and consumed in 
various ways such as, among other things, in juices, cocktails and desserts, as a source of energy or a stimulant, 
and for recuperative and medicinal purposes. G/SPS/GEN/1117 
Page 2  
 
  revenue to meet the needs of low-income famili es.  Moreover, it is important to consider the 
environmental benefits provided by the forests, su ch as mitigation of climate change, soil protection, 
hydric regulation, protection of biodiversity and so on. 
5. Peru's main export markets for algarrobo in 2010 were the United States, the 
United Kingdom, Australia, the Netherlands, Germany, Chile, Spain, Poland and France.
4  Generally 
speaking exports of algarrobo, measured in dollars, have pursued an upward trend over the past few 
years (see chart). 
Chart - Growth in Exports of Algarrobo in Largest Markets 
2006 - 2011 
 
020000400006000080000100000120000140000
2006 2007 2008 2009 2010 2011*Chile
Australia
United States
European  Union
 
 *2011 up to July 
 
6. Algarrobina is being marketed in several European countries.  Countries which have imported 
small quantities and in various forms since 2007 are:   Italy, Mexico, the United States, Canada, 
Panama, Chile, Argentina, Germany, Switzerla nd, Japan, France, the United Kingdom, Belgium, 
Spain, Luxembourg, the Netherlands Antilles, Ne w Zealand, the Czech Republic and Australia.5 
7. Peru's concern is that the implementation of  the Regulation on novel foods is directly 
affecting trade in traditional prod ucts deriving from our mega-biodiversity, such as camu camu, yacón 
and sacha inchi, and impeding their entry into the European Union market.  In the case of algarrobo, 
the possibility that Regulation 258/97 will be im plemented has led to a drop in exports to the 
European market as European impor ters become reluctant to buy these products and thereby deprive 
consumers of them.  These products are an illustrati on of the sustainable use made of our biodiversity 
through free and safe trade, and of the efforts ma de by producers and small and micro businesses to 
supply markets such as the EU with safe and nutritional products. 
8. Peru respects the Members' right to safeguard th e health of their citizens through sanitary and 
phytosanitary measures duly supported by scientific  evidence.  However, the implementation of 
Regulation 258/97 raises an unwarranted barrier to trade which discriminates against traditional 
                                                      
4 Source:  National Tax Administration Supervisory Authority (SUNAT). 
5 Idem .  G/SPS/GEN/1117 
 Page 3 
 
 
  products that did not enter or were not marketed in any significant way in the European market prior 
to May 1997.  Furthermore, the history of safe use of  these products in the Peruvian market or in other 
markets besides the EU is not being taken into consideration. 
9. A great many of these products and their by-products are currently being studied and 
marketed for their use as functional foods, supplem ents, nutraceuticals, organic products, etc.  These 
represent market segments that are currently experien cing an upward trend in international markets as 
a result of consumers' need for healthy food and a greater awareness of social and environmental issues at the regional and global level. 
10. Peru reiterates its concern regarding the inco mpatibility of implementing Regulation 258/97 
and the principles and obligations laid down in the WTO Agreement on the Application of Sanitary 
and Phytosanitary Measures, in particular Articles 2.2, 5.1, 5.4 and 5.6, and Annex C. 
11. In conclusion, and based upon the statements made in the WTO Committee on Sanitary and 
Phytosanitary Measures over the past several years, Peru once again requests that the European Union 
exclude from the scope of Regulation 258/97 tradi tional products, which have a history of safe 
consumption in their country of origin or in other countries outside the European market. 
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