WORLD TRADE  
ORGANIZATION  G/SPS/GEN/475 
15 March 2004 
 
 (04-1129) 
Committee on Sanitary a nd Phytosanitary Measures Original:   Spanish 
  
 
 
STATEMENT BY COLOMBIA REGARDING 
NOTIFICATION G/SPS/N/DEU/9 
 
Meeting of 29 and 30 October 2003
 
 
 1. Colombia would first of all like to inform the Committee of the background to this issue.  On 
17 June 2003, the European Commission notified the Committee in document G/SPS/N/DEU/9 of a 
draft ordinance in which the Government of Ge rmany establishes maximum levels of Ochratoxin A 
(OTA) for a group of products including roasted and soluble coffee.  Although the notification 
indicates that the measure would enter into force in  September 2003, we have been informed that its 
approval has been postponed but that it will in an y case enter into force before the end of 2003. 
2. Within the set time, we transmitted our comme nts regarding the notified measure to the 
Government of Germany and to its enquiry point, and this led to a va luable exchange of information 
and comments, which we appreciate.  We take this  opportunity to inform the Committee of our main 
concerns about the measure. 
3. The notified legislation establishes a maximum OTA level of 3ppb (parts per billon) for 
roasted coffee and 6ppb for soluble coffee, which we consider to be disproportionate.  The units of 
measurement are so small that the possible OTA c ontamination of even a tiny amount of coffee could 
lead to the rejection of a whole shipment.  Given that coffee is a product with a high value per unit 
weight, this measure could lead to major economic losses. 
4. The OTA levels for roasted and soluble coffe e established in the German regulation would 
entail some very strict requirements for the raw material, in other words green coffee, which, 
according to calculations by experts, could lead to  the rejection of approximately 6 per cent of the 
coffee entering Germany. 
5. Upon entering into force, the measure notifie d by Germany could potentially have adverse 
effects on the Colombian coffee-growing industry and would add to the damaging effects of the 
current global coffee crisis.  As an indication of the importance of this market for our exporters, in 2002, Colombia exported to Germany 1,767,000 sacks of coffee in green, roasted and soluble form, 
equivalent to 17 per cent of its total coffee exports.  
6. We have raised our concerns with the Gove rnment of Germany regarding the scientific 
evidence of the possible harmful effects of OTA on human health; the scientific laboratories that 
would be conducting the tests; the other products that contribute to the German population's OTA intake; and the contribution of each  of these to the total OTA intake.  Similarly, we have expressed 
our concern that the measure could possibly constitute  a discrimination or disguised trade restriction 
vis-à-vis  coffee producers since it does not cover all pr oducts whose contribution to OTA intake may 
be greater.  We have also expressed our concern about the arbitrary requirements that might be 
imposed in the future on imports of green coffee.  In  addition, we have asked for a clarification of the G/SPS/GEN/475 
Page 2  
 
 relationship between this measure and the European Union regulations on the matter.  Lastly, we have 
requested that the measure notified by the G overnment of Germany should not be applied. 
7. These concerns were transmitted to the European Commission on 9 October 2003.  We 
expressed concern that some of our rights under th e Agreement on the Application of Sanitary and 
Phytosanitary Measures (SPS Agreement) would be affect ed if the measure were applied, in particular 
because the measure appeared to be inconsistent with some of the provisions of the Agreement, 
especially Articles 2.1, 2.2, 5.1, 5.4, 5.5 and 5.6,  and that furthermore the measure could constitute a 
disguised trade restriction. 
8. We thank the Government of Germany for the la test clarifications, which are being examined 
by our experts so that further comments can be made .  More or less at the same time, we put four 
specific questions to the European Commission re garding notification G/SPS/N/DEU/9.  We asked 
that these questions, which appear in document G/ SPS/GEN/434 of 22 October 2003, be circulated to 
the Committee. 
SPECIFIC OBSERVATIONS ON THE PROPOSED MEASURE 
 9. Colombia is of the opinion that establishing maximum OTA levels for coffee is unwarranted 
from the scientific point of view  and under the SPS Agreement.   
10. On the first point, scientific evidence about the to xicity of OTA and its risks for human health 
appears to be inconclusive.  On 13 September 2003,  the Dutch Institute for Public Health and the 
Environment (RIVM) concluded that there were no h ealth risks associated with the daily intake of 
OTA in the Netherlands.  In fact, scientific evid ence presented to date pertains to the carcinogenic 
effects of OTA in pigs, rats and dogs, species in  which exaggerated doses of OTA produced kidney 
tumours. 
11. With regard to the relationship between coffee and OTA, various studies suggest that coffee's 
contribution to total OTA intake in the European Union is very low.  In fact, a study by the Scientific 
Co-operation or "SCOOP" indicates that cereals are the main contributor to the European population's 
total OTA intake, accounting for 50 per cent, followed by wine at 10 per cent, coffee at 8 per cent and 
beer at 7 per cent.  Another study, by the Jo int FAO/WHO Expert Comm ittee on Food Additives 
(JECFA) concludes that cereals and wine contribute to 56 per cent and 22 per cent respectively of the average intake of OTA, while coffee accounts for 5.5 per cent. 
12. Secondly, the establishment of maximum OTA levels for coffee in the conditions set out by 
Germany impairs Colombia's rights under the SPS Ag reement, in particular under Article 2 (Basic 
Rights and Obligations) and Article  5 (Assessment of Risk and De termination of the Appropriate 
Level of Sanitary or Phytosanitary Protection). 
13. In short, our main concerns about the measure notified by Germany in document 
G/SPS/N/DEU/9 are as follows: 
14. The minimum levels of 3 ppb for roasted coff ee and 6 ppb for soluble coffee are exaggerated 
in comparison, for example, with European countries such as Greece which accept maximum OTA 
levels of 20 ppb for each type of coffee (Report on Tasks for Scientific Co-operation, January 2002 
"Assessment of dietary intake of Ochratoxin A by  the population of EU Member States" Directorate-
General of Health and Consumer Protection, p.27). 
15. The measure is clearly discriminatory, given that the German authorities regulate maximum 
levels of Ochratoxin A for products such as sol uble and roasted coffee but do not regulate products  G/SPS/GEN/475 
 Page 3 
 
 
 such as beer and wine, which are consumed in greater  quantities than coffee.  Moreover, this could be 
interpreted as constituting an unjustified barrier to trade under the SPS Agreement. 
16. Lastly, we would like to thank the Government  of Germany for having been sympathetic to 
our concerns and earnestly request that the measure not be brought into force.  Moreover, Colombia 
would be grateful for replies to the qu estions it has sent through this Committee. 
 
__________