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Meeting of the Committee on SPS measures discusses traditional food and the EC Novel Food Regulation

 In the 27-28 June 2006 meeting of the World Trade Organization (WTO) Committee on Sanitary and Phytosanitary (SPS) measures, a number of countries reaffirmed their concerns regarding the negative impact of the EC Novel Foods Regulation on the market for natural foods and ingredients from developing countries.  Under this legislation, these products are deemed “novel” because they were not consumed by Europeans prior to 15 May 1997, and must thus comply with a lengthy and complex process to gain access to the European market.

At the Committee on SPS measures, Peru, Colombia, Paraguay, Bolivia, India, and Brazil called for the EC to modify its Novel Foods Regulation to exclude exotic traditional foods. Peru, for example, noted the Regulation and its application were unnecessary and unjustified barriers to trade in these products.  Given its history of safe use in their native countries– these are products that not only have been used for centuries, but also that are exported to several developed countries, the complex exams needed to gain market access are not justified.  Moreover, other developed WTO Members have similar regulations that present much less trade restrictive alternatives. 

Ecuador noted it is conducting impact assessment studies, with preliminary conclusions pointing to negative economic and social impacts both in relation to products with potential for export and to products with existing export markets in other WTO Member States.  Colombia also noted it is conducting studies and gathering the information requested by the EC in its communications.  In addition, it highlighted the importance these products have in its export portfolio and their link to strategies such as sustainable agriculture, eradication of illicit crops, and trade in biodiversity products - many of which are currently supported by EC countries.

In its response, the EC noted the concerns raised were taken very seriously and would be considered in the revision of the Novel Foods Regulation.  Nevertheless, it pointed out that the application of this legislation to these products was not unreasonable, as many of them did pose health and safety concerns.  As a result, it emphasized that more specific information as to the products in question - particularly, examples of where these products have been approved by other developed countries - was needed. 

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