G/SPS/GEN/2080  
 
16 November 2022 
(22-8508) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
EUROPEAN UNION  MRLS AND PESTICIDE POLICIES – SPECIFIC TRADE CONCERN 448 : 
EU MRLS FOR ALPHA -CYPERMETHRIN, BUPROFEZIN, CHLOROTHALONIL , 
CHLORPYRIFOS, CHLORPYRIFOS -METHYL , DIFLUBENZURON,   
ETHOXYSULFURON, GLUFOSINATE, IMAZALIL, IOXYNIL,   
IPRODIONE, MANCOZEB, MOLINATE, PICOXYSTROBIN   
AND TEPRALOXYDIM  
SUBMISSION BY THE UNITED STATES  OF AMERICA  
The following submission, received  on 11 November  2022, is the statement made by the United 
States of America at the 9-11 November  2022 WTO SPS Committee, and is  being circulated at the 
request of the Delegation of the United States  of America . 
 
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1.  The United States again raises our concerns with the European Union's trade -restrictive 
processes for reducing maximum residue levels for plant protection products.  
2.  The United States, along with nearly two dozen other Members, have repeatedly sought to 
engage the European U nion in this Committee about the impacts of its pesticide policies on global 
agricultural supply chains. However, the E uropean Union's  responses to date have not been 
constructive. By continually referring WTO Members to its existing regulations, the European Union  
avoids meaningful engagement and neglects the opportunity to provide solutions to the urgent 
problems facing agricultural producers and exporters whose pesticide options are increasingly limited 
by its policies.  
3.  We note that in addition to t he adverse effects on EU trading partners, these restrictive measures 
burden farmers in EU member States, as seen by the continued use of emergency authorizations for 
certain active substances no longer approved for use in the European Union . EFSA's own ev aluations 
of emergency use authorizations for important insecticides found that there are no effective 
alternatives available or that there is a risk of insect resistance to alternative products. Accordingly, 
we request that the European Union  also afford producers in third countries equal access to 
important and efficacious crop protection tools available to farmers in EU member States.  
4.  The United States is concerned that the European Union  often employs an approach to reducing 
MRLs that is not based on adequate scientific and technical information. Specifically, in 
December  2018, the European Union  notified to the WTO the non -renewal of the approval of the 
active substance chlorothalonil. F ollowing the non -renewal, EFSA determined that the consumer risk 
assessment could not be finalized, and the European Union  proposed to lower chlorothalonil MRLs 
to the limit of determination in July 2020. In its Commission Regulation the European Union  stated 
that because chlorothalonil was not renewed it was appropriate to delete the MRLs.  
5.  This approach can lead to the adoption of MRLs that lack a genuine relationship to the stated 
objectives of protection of human, animal or plant life or health and resul t in the adoption of 
measures that appear to be more trade restrictive than necessary.  
6.  We also recall that in previous Committee meetings, the European Union  has made reference to 
what it refers to as the ALRA, or As Low As Reasonably Achievable, principle , which was developed 
as a radiation protection concept. Aside from the fact that this concept is neither relevant nor 
applicable to pesticide residues, we remind the European Union  of the obligation of members to 
apply least restrictive measures that acco mplish their stated level of protection.  G/SPS/GEN/2080  
 
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  7.  Also, in response to the claim the European Union  has repeatedly made in this Committee that 
its MRL policies do not negatively affect exports, the value of US fresh fruit exports to the 
European  Union  has decreased  by 70% over the last ten years, due in large part to the 
European  Union's  overly restrictive measures.  
8.  The United States again highlights the importance of using a science and risk -based enforcement 
process, which facilitates trade in a manner consistent with the SPS Agreement. Unfortunately, 
the EU approach injects an unnecessary degree of uncertainty for farmers and trading partners, does 
not advance shared efforts towards global food security and strengthening the global food supply 
chain, and appears t o be more trade -restrictive than necessary.  
9.  The United States also repeats the request that the European Union  apply the same treatment 
to domestic and imported goods and allow safely produced products to move through the full 
channels of trade.  
10.  During the se times of increasing global food insecurity, the European Union  needs to recognize 
that its regulatory approaches for pesticides are increasingly out of step with those of nearly every 
other Member of the WTO. It is contradictory to simultaneous lament t he challenges facing the world 
while imposing measures that unnecessarily impede the very goals we have collectively agreed to 
tackle.  
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