Bridges Trade BioRes • Volume 6 • Number 12 • 30th June 2006

EU Novel Foods Regulation Examined at WTO

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A group of developing countries suggested at a meeting of the WTO Committee on Sanitary and Phytosanitary Measures on 28-29 June that the EU Novel Foods Regulation was too restrictive on their exports of traditional and biodiversity-related products and urged the trading block to take into account their concerns in its revision of the text. Peru, Paraguay, Ecuador and Colombia, supported by the Philippines and India, pointed out that other developed countries do not restrict biodiversity-based traditional food exports as much as the EU does. In particular, Peru made a strongly-worded statement based upon its previous submission (G/SPS/GEN/681; see Bridges Trade BioRes, 3 April 2006) which suggested that the novel foods regulation is incompliant with the SPS Agreement, while Paraguay said it was seeking Codex Alimentarius Commission standards for one of its most popular traditional sweetening products. Ecuador pointed to an impact assessment it was in the process of finalizing aon the revisions the EU has proposed to the regulation.

The assessment suggests that the changes could affect Ecuardian exports of primary products and fruit juices. The regulation, among other things, subjects all imports of “traditional” biodiversity-based products that were not on the EU market before 15 May 1997 to a more stringent and rigorous safety assessment before release into the EU. The EU reacted by noting that the regulation harmonises divergent rules amongst EU member countries, thereby making trade more transparent and easy for developing countries, but also seeks to address real and serious health risks posed by some traditional products. In its submissions to the meeting, the EU pointed to the ongoing revisions to the regulation and calls on Members to share their concerns as inputs into that process, under which they are going to table new legislation in 2007 (G/SPS/GEN/699 and 700). The Andean countries have been participating in informal discussions and negotiations on the issue in Brussels and would like traditional and biodiversity-related products to be excluded from the regulation.

In addition, India defended itself against inquiries made by the US regarding its recently WTO-notified and re-published biotech labeling rules, noting that the rules have been in place since 1989 but have faced implementation difficulties (see Bridges Trade BioRes, 2 June 2006). The Indian delegate said the government would consider comments made by the US, Canada and Chile at a discussion on biotech labelling to be held in late 2006 amongst Indian Ministers.

The Novel Foods Regulation is available online at http://ec.europa.eu/food/food/biotechnology/novelfood/index_en.htm

Information on the public consultation on the revision of the regulation is available online at http://ec.europa.eu/food/food/biotechnology/novelfood/initiatives_en.htm

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