. /.  WORLD TRADE  
ORGANIZATION   
G/SPS/GEN/1173/Rev.1 
18 July 2012 
 (12-3913) 
Committee on Sanitary and Phytosanitary Measures Original:   English 
  
 
NEW MAXIMUM CADMIUM LEVELS FOR FOODSTUFF 
IN THE EUROPEAN UNION 
 
Communication from Cameroon, Colombia, Ecua dor, Ghana, Mexico, Nicaragua and Peru 
 
Revision 
 
  The following communication, received on 10 July 2012, is being circulated at the request of 
the Delegations of Cameroon, Colombia, Ec uador, Ghana, Mexico, Nicaragua and Peru. 
 
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1. Regarding the decision of the European Un ion to amend Regulation (EC) No 1881/2006, 
which contains the maximum levels for cadmium in chocolate, milk chocolate and cocoa powder, the 
signing Members would like to express the following views. 
2. The European Union should clearly demonstrat e the relative contribution of chocolate to 
dietary cadmium exposure and its adverse effects,  and convene a joint EFSA-JECFA workshop, in 
consideration of the significant variation in thei r recommendations regarding the level of tolerable 
weekly intake (TWI) and tolerable monthly intake (TMI) for cadmium, with the view to reaching an 
agreement on the methodology used to estab lish such limits, and share the outcomes. 
3. Maximum levels of cadmium in chocolate mu st duly take into account contamination and 
cadmium loss in the production process, as well as th e major contribution of other foodstuffs such as 
cereals and cereal products, vegetables, nuts and pu lses, potatoes, meat and meat products, as it has 
been recognized by the EFSA itself in their Journal (2009) 980, 1.139 p.108. 
4. Any limit applied by the European Union must  be in accordance with the SPS Agreement and 
its core principles such as:  setting the limits in the less trade restrictive manner possible, carefully 
following ALARAP (as low as reasonably possible), and clearly establishing the link between the measure and the legitimate objective that is bein g pursued.  The measure must be proportionate, 
justifiable and objective, and all comments from interested WTO Members and the result of their discussion should be dully taken into account during the process. 
5. The European Union should take into account  the data requested by the European 
Commission and collected by cocoa producing count ries and the industry on the presence of cadmium 
in cocoa beans, cocoa and chocolate products, as reviewed during the workshop organized in London 
by the International Cocoa Organization.  Where such  information is not, as yet, readily available, or 
where further studies are needed to determine the presence of cadmium in the cocoa chain of 
producing countries and its contribution to dietary e xposure in the population, an appropriate period 
should be set to allow for such studies to be carried out and scrutinized. G/SPS/GEN/1173/Rev.1 
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  6. Further research on cadmium biology and cont amination should be conducted to establish 
factors contributing to its presence in the specific segments of the population that are of particular concern, and appropriate reco mmendations made accordingly. 
 
7. The European Union should also review a nd harmonize methodologies to determine the 
cadmium content in soil, beans, and cocoa and chocolate products. 
8. The European Union should take into account  the need for consistency with EU policy 
proposals on trade and development, notably fo cusing on smallholder farmers in developing 
countries.  
9. The European Union should take into acc ount all the recommendations made during the 
International Workshop on Cadmium in Cocoa and Chocolate Products, held at the ICCO 
Headquarters in London on 3-4 May 2012. 
10. Finally, if the measure is approved, an appropriate  transition period of at least five years must 
be provided, in order to permit the producers to adapt to the measure. 
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