- Posted by camryn_admin
- On December 8, 2020
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Ecuador has questioned the application of the EU regulation on maximum cadmium levels in foodstuffs. This regulation is implemented from 1 January 2019 and aims to regulate maximum cadmium levels in various products, including chocolate and certain cocoa products. Ecuador indicated that private importers, although this is a measure that should fall under the jurisdiction of European health authorities, would apply them in advance to the raw material (cocoa bean), but not to the final product (chocolate and certain cocoa products). Ecuador, supported by Colombia and Guatemala, said it was a misapuring of a public remediation measure by private parties and called on the EU to provide the necessary control guarantees for its proper implementation in order to prevent it from becoming an unnecessary barrier to trade. The report on the fifth review of the operation and implementation of the SPS agreement (G/SPS/64 and G/SPS/64/Add.1) contains various recommendations on topics proposed by WTO members and provides an overview of the work done by the SPS Committee during the review period from 2014 to 2019. In its response, the EU stated that its Member States were currently considering the need to change this definition of residues, as there are signs that phthalimide may come from several sources other than folpet. EFSA is currently conducting a peer review procedure and is expected to complete it next year. The EU has said it is committed to keeping China informed of developments in this area and is open to further discussions. With respect to MRSAs for phytopharmaceuticals, members are encouraged to participate in national discussions on the possibility of a more productive LMR codex system. They are also invited to enhance the transparency and predictability of TH by communicating on proposed MRA amendments and taking into account feedback from trading partners. The role of Codex in regularly updating its progress in evaluating and checking links periodically is also recognized. In its response, Panama indicated that the appropriate assessment procedure for issuing export authorizations was under way and that the possibility of a review of the decision would be considered. Panama added that it was ready to negotiate and asked Brazil to use the appropriate channels to do so.
The European Union has highlighted the international dimension of the development and dissemination of resistant organisms and determinants, as well as the serious concern that their spread to humans and animals through food and feed, direct contact with animals or human beings or other means. It also assured other members that the new regulation would be compatible with relevant international instruments, that it would be legally flawless, that it would be applied in a proportionate and non-discriminatory manner, and that it would be based on scientific evidence. Members stressed in the report`s recommendations (G/SPS/64) the importance of scientifically sound procedures for the implementation of the SPS agreement, including the need to continue discussions on risks and management of situations where there is insufficient scientific evidence.