WORLD TRADE
ORGANIZATIONG/SPS/GEN/434
22 October 2003
(03-5569)
Committee on Sanitary and Phytosanitary Measures Original:  Spanish
QUESTIONS POSED BY COLOMBIA TO THE EUROPEAN COMMISSION
REGARDING NOTIFICATION G/SPS/N/DEU/9
1. Which international regulation or standard, specifically from the Codex Alimentarius or the
FAO, is used by the German government as a basis for establishing the maximum levels ofOchratoxin A that a foodstuff, particularly soluble, roasted or instant coffee, must contain to be
considered a threat to consumer health?
2. Taking into account the provisions of Articles 2.3 and 5.5 of the SPS Agreement, how can the
German government justify the introduction of a sanitary measure that establishes maximum levels of
Ochratoxin A for coffee, without establishing maximum levels of Ochratoxin A for other foodstuffsthat could likewise affect human health, such as cereal-based products including bread and beer, and
grape-based products like wine, all of which contribute at least as much, if not more, to the intake of
Ochratoxin A and which are produced and consumed in large quantities in Germany?  The Colombian
government feels that this measure could be perceived as discriminatory.
3. In the event that the German government imposes maximum levels of Ochratoxin A for
coffee (in whatever form), what method will the German authorities use to verify compliance with the
standard without causing undue prejudice to coffee exporters?
4. The Colombian government would like the German government to specify the maximum
levels of Ochratoxin A in other foodstuffs consumed in Germany and the scientific methods, linked to
the respective calculations, that are used to establish that these maximum levels constitute a limit that
prevents damage to the health of the German consumer.  This would enable the analyses submitted by
the German authorities to be compared against the consumption and intake of Ochratoxin A throughdifferent foodstuffs.
Should the measure be applied, the Colombia n government feels that it would affect
Colombia's rights under the SPS Agreement, particularly as the measure appears to be inconsistent
with some of the provisions of the Agreement (Articles 2.1, 2.2, 2.3, 5.1, 5.4, 5.5 and 5.6) and could
constitute a technical barrier to trade.  The Colombian government therefore requests that the notifiedmeasure not be applied.
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