Peru: A developing country Perspective on the impact of ... · Peru: A developing country Perspective on the impact of the EU Novel Food Regulation Pedro Bravo, Counselor of the Permanent

Peru: A developing country Perspective on the impact of the

EU Novel Food RegulationPedro Bravo, Counselor of the Permanent Mission of Peru to

the European Union and former Peruvian delegate in UNCTAD and WTO

Summary• General Introduction

• What socio-economic and trade interests are at stake here?

• What are the problems our exporters have encountered in the EU?

• What can we do to overcome these problems?

• Final comments

Brief story of an exotic novel food

• Tuber safely consumed by millions of native indo Americans for 8,000 years

• It had not been used for human consumption in Europe before May 1535

• Subject to a long and complicated authorization procedure in order to prove its innocuousness

Brief story of an exotic novel food

• With the time that tuber proved to be rich in vitamins

• Helped in several occasions to save the European population from hunger.

• By the 19th century it had spread throughout the European continent, providing cheap and abundant food for the workers of the Industrial Revolution

What socio-economic and trade interests are at stake here?

Peru, one of the 12 countries in the world with mega-biodiversity, derivedfrom nearly 90% ofour territory:

• the Andean region (in brown)

• the Amazon jungle (in green)


• The issue of non tariff trade barriers applied by the European Union to export of traditional foods that are part of the Peruvian Mega-biodiversity is one of the main problems that have affected our trade relations with the EU in the last few years.


• Peruvian mega-biodiversity is located mainly in the Andes –where some areas sadly enjoy economic and social indicators even lower than least developed countries- and in the Amazon jungle, mostly unattended by the government.

• Each new trade opportunity, apart from the fight against poverty issue, means a concrete step to prevent our farmers to enter into illicit activities, such as the production of coca leaves or the irrational exploitation of tropical woods.

Exotic traditional food products and its characteristics

• Andean roots and tubers like achira, ahipa, arracacha, maca, mashua, mauka, oca, ulluco and yacón have been used for centuries.

• Create economic opportunities for very poor Peruvian farmers with USD 300 a year annual income.

• These uses include oca and achira as starches, arracacha as a baby food, and yacón in a sweetener for people with diabetes.

Exotic traditional food products and its characteristics

• Adapted to high altitude, frost, and with no need of fertilizer or seed.

• Extraordinary pest and disease tolerance and nutrient efficiency, adaptation to marginal environments.

• High vitamin, micronutrient, and starch content; high yields; and medicinal properties.

• Provide essential environmental services for the fertility of the soils, air decontamination and water supply that other crops are not able to provide.

7 problems our exporters have encountered in the EU

1) A least differentiated treatment in comparison to similar or equivalent products just based on the criteria that they have not been to a significant degree consumed in the European Union before and arbitrary date or that they have a different consumption socio cultural conducts.


2) Clearly disproportionate and excessive requisites to protect the legitimate objective of protecting human health in the case of traditional exotic food derived from our biodiversity. Measures should limit themselves to the extent necessary to achieve this objective and should not be maintained without enough scientific testimonies. (complex; the high level of discretionary power of the administrative European authority; very long periods of evaluation and high costs).


3) The certification of sanitary authorities of the country of origin is not recognized by the novel food legislation, even in those cases where Peru can demonstrate the compliance with a reasonable level of protection.

4) Authorizations to import novel foods must be of general application. The authorization should be granted to the product and not to the importer or applicant.


5) The obligation to have a legal representative in the European Union to initiate a request is in most of the cases burdensome for Peruvian exporters. This should be open to any interested party.


6) Even in those cases where a product like “maca”(a natural energizer) has not been qualified as being a novel food, the problem of effective access to some European countries still remains based on prejudices from national sanitary authorities for some members (France and Denmark), in those areas that have not been harmonized to the European level.


7) The burden of proof in the case of traditional exotic food with a history of safe consumption in third countries should be on the part of the importing country. In the case of our Macapowder, the French authorities have de facto prohibited its importation and commercialization because it has not proved as an innocuous ingredient. There were neither official resolutions nor laboratory examinations. Just some bibliographical references that macapowder may contain toxic alkaloids.

What can we do to overcome these problems?

1) Be WTO consistent. Any measure oriented to the protection of human health should not applied in a manner that creates a de facto trade barrier.

2) Recognize the difficulties faced by developing countries and the need to maintain the coherence of this regulation with the efforts undertaken by some EU Members in support of biotrade, cooperation for development, fight against poverty, protection of environment and fight against drug trafficking.


3) There is no such thing as a zero risk. The main objective should instead be to ensure that evaluation of traditional foods is proportionate to any realistic risk associated with introducing them to the EU market.

4) Traditional foods should be considered separately from truly novel foods with a safe history of human consumption even tough that consumption does not take place in Europe. For Peru, all traditional foods that have a history of safe consumption should not be considered Novel Food.


5) A notification would require further scientific assessment only where there might be valid and proportionate doubts about food safety aspects.

6) Objective parameters or “precise definitions” is a vital aspect for its viability. Any amendment should limit as far as possible the arbitrary power of the European Sanitary Authority through a very close cooperation with the sanitary authorities from traditional food export developing countries. (a kind “reference paper”or a “common understanding” setting out agreed criteria).


7) Include also scientific evidence and other relevant scientific assessments carried out in developing countries. Those assessments should be focused on the intrinsic properties of the food rather than microbiological or chemical parameters.

8) the Novel Food regulation contributes only en a relatively small scale to the overall consumer safety. So the assessment and the requisites should not be disproportionate.


9) Those indigenous products with a history of safe use and consumption in countries different from the EU and that have been acknowledged as such by the health authorities of the country of origin should be excluded.

10) Involvement and recognition of third country national authorities and laboratories are a key part of the solution and confidence building.


11) The traditional precautions issue is something that should also be taken into account to determine the safety assessment.

Final comments

• A change in the Novel Food Legislation is a key factor for developing countries exporters of products derived from our biodiversity. However, we have to realize that it is not enough.

• We completely understand the concerns and priority given by the EU to food safety. But as UNCTAD has correctly underscored, these concerns should also be aligned with the other commitments assumed by the EU regarding trade rules but also other policy objectives

Final comments• Those policy objectives have a particular

importance for Peru where opportunities derived from our mega biodiversity are closely linked to social cohesion and security aspects within our national development strategy. our natural comparative advantage.

• A close cooperative approach between the sanitary authorities of the EU and its counterparts from developing countries exporters of traditional foods should be encouraged.

Thank you.

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Peru: A developing country Perspective on the impact of ... · Peru: A developing country Perspective on the impact of the EU Novel Food Regulation Pedro Bravo, Counselor of the Permanent