G/SPS/N/EU/702  
12 December 2023  
(23-8519) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved:   
2. Agency responsible:  European Commission, Health and Food Safety Directorate -General  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Cereals (HS Codes: 1001, 1002, 1003, 1004, 1005, 1006, 1007, 
1008), foodstuffs of animal origin (HS Codes: 0201, 0202, 0203,  0204, 0205, 0206, 0207, 
0208, 0209, 0210) and certain products of plant origin, including fruit and vegetables  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Draft Commission Regulation amending Annexes II and 
III to Regulation (EC) No. 396/2005 of the European Parliament and of the Council as 
regards maximum residue levels for cypermethrins in or on certain produ cts (text with EEA 
relevance) . Language(s):  English . Number of pages:  34 
https://members.wto.org/crnattachments/2023/SPS/EEC/23_14494_00_e.pdf  
https://members.wto.org/crnattachments/2023/SPS/EEC/23_14494_01_e.pdf  
https://members.wto.org/crnattachments/2023/SPS/EEC/23_14494_02_e.pdf  
https://member s.wto.org/crnattachments/2023/SPS/EEC/23_14494_03_e.pdf  
6. Description of content:  The proposed draft Regulation concerns the review of existing 
MRLs for cypermethrins in certain food commodities. MRLs for these substan ces in certain 
commodities are lowered. Lower MRLs are set after deleting old uses which are not 
authorised any more in the European Union.  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from anima l/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[X] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
 Codex Maximum Residue Limits for cypermethrins in some commodities. CODEX 
MRLs LIST is available at https://www.fao.org/fao -who-codexalimentarius/codex -
texts/dbs/pestres/pesticides/en/  
[ ] World Organization for  Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[ ] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [X]  No G/SPS/N/EU/702  
 
- 2 - 
 
  If no, describe, whenever possible, how and why it deviates from the 
international standard:   
The European Food Safety Authority published reasoned opinion on the existing MRLs for 
cypermethrins. Based on the opinion, Regulation (EC) No. 396/2005 shoul d be amended 
following a risk analysis approach.  
The current EU policy is to align EU MRLs with CXLs if the following conditions are fulfilled:  
(i) that the EU sets MRLs for the commodity under consideration;  
(ii) that the current EU MRL is lower than the  CXL; and  
(iii) that the CXL is acceptable to the EU with respect to its policy objective of ensuring a 
high level of consumer protection, including aspects on supporting data and 
extrapolations.  
Where the EU considers that a proposed CXL is not acceptable, it makes a reservation to 
the Codex Committee on Pesticide Residues (CCPR). Reservations made by the EU, 
concerning some of the active substances envisaged by the draft Regulation, are listed in 
the relevant CCPR reports:  
http://www.fao.org/fao -who-codexalimentarius/committees/committee/related -
meetings/en/?committee=CCPR  
9. Other relevant documents and language(s) in which these are available:  
- Regulation (EC) No. 396/2005 of the European Parliament and of the Council of 
23 February 2005 on maximum residue levels of pesticides in or on food and feed of 
plant and animal origin and amending Council Directive 91/414/EEC  
 http://eur -lex.europa.eu/legal -content/EN/ALL/?uri=CELEX%3A32005R0396  
- European Food Safety Authority; Reasoned opinion on the review of the existing 
maximum residue levels for cypermethrins according to Article 12 of Regulation (EC) 
No. 396/2005; EFSA Journal 2023;21(1):7731  
 https://www.efsa.europa.eu/en/efsajournal/pub/7731  
(available in English)  
10. Proposed date of adoption (dd/mm/yy) : 23 August 2024  
Proposed date of publication (dd/mm/yy) : 23 September 2024  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : This Regulation shall enter into force on the twentieth day following that of 
its publication in the Official Journal of the European Union, and apply six months thereafter.  
[ ] Trade facilitating measure   
12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 10 February 2024  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
European Commission  
DG Health and Food Safety, Unit A4 -Multilateral International Relations  
Rue Froissart 101  
B-1049 Brussels  
Tel: +(3 2 2) 29 54263  
E-mail: sps@ec.europa.eu  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
European Commission  
DG Health and Food Safety, Unit A4 -Multilateral International Relations  
Rue Froissart 101  
B-1049 Brussels  
Tel: +(32 2) 29 54263  
E-mail: sps@ec.europa.eu