G/SPS/GEN/1760  
2 March  2020 
(20-1581) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
  
SPECIFIC TRADE CONCERNS – EUROPEAN UNION MAXIMUM RESIDUE LEVELS (MRLS) 
FOR BUPROFEZIN, CHLOROTHALONIL, DIFLUBENZURON, ETHOXYSULFURON, 
GLUFOSINATE, IMAZALIL, IOXYNIL, IPRODIONE, MOLINATE,  
PICOXYSTROBIN AND TEPRALOXYDIM ( NO. 448, 
SEE ALSO RELATED SPECIFIC TRADE  
CONCERNS NOS. 453, 454, 457) 
COMMUNICATION FROM COLOMBIA, COSTA RICA, ECUADOR AND PARAGUAY  
The following communication, received on 2 6 February  2020, is being circulated at the request of 
the delegations of  Colombia , Costa Rica , Ecuador  and Paraguay . 
 
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Colombia, Costa Rica, Ecuador and  Paraguay would like to ask the European Union the following 
questions related to specific trade concern No. 448  and the modification of MRLs. 
 
 
1  MODIFICATION OF EUROPEAN UNION MRLS FOR PLANT PRO TECTION PRODUCTS 
(G/SPS/N/EU/264/ADD.1 , G/TBT/N/EU/625  AND G/SPS/N/EU/263/ADD.1 ) 
1.  Could the European Union define and identify the appropriate level of protection it is seeking 
through  the modification of the MRLs for these s ubstances?  
2.  Does the  Europea n Union consider that there is enough  relevant scientific evidence to support 
the modification of  the MRLs for these substances ? 
3.  How do the measures adopted by the European Union to modify MRLs reconcile with its obligation 
under  Article 3.1 of the SPS Agreement , which provides that  "[t]o harmonize sanitary and 
phytosanitary measures on as wide a basis as possible, Members shall base their sanitary or 
phytosanitary measures on international standards, guidelines or recommendations, where they 
exist, except as otherwise provided for in this Agreement, and in particular in paragraph 3 "?1 
4.  Could the  Europea n Union elaborate on its assertion in reply number 2  in document  
G/SPS/GEN/1753  that "[a]n LOQ […] provides legal certainty to the operators "? 
5.  In practice, what is the distinction between  the setting of an MRL  of 0.01 mg/kg ( the lowest level 
of analytical determination ) and zero tolerance ? 
6.  Paragraph 10 of the preamble to Regulation  (EC) No. 396/2005 on m aximum residue levels of 
pesticides in or on food and feed of plant or animal origin refers to products " intended for human 
consumption or animal feed ", and points out the need for " securing a high level of protection for 
 
1 Article 3.3 of the SPS Agreement reads: " Members may introduce or maintain sanitary or 
phytosanitary measures which result in a higher level of sanitary or phytosanitary protection than would be 
achieved by measures based on the relevant international stan dards, guidelines or recommendations, if there 
is a scientific justification, or as a consequence of the level of sanitary or phytosanitary protection a Member 
determines to be appropriate in accordance with the relevant provisions of paragraphs 1 through 8 of Article  5. 
Notwithstanding the above, all measures which result in a level of sanitary or phytosanitary protection different 
from that which would be achieved by measures based on international standards, guidelines or 
recommendations shall not be inc onsistent with any other provision of this Agreement ." G/SPS/GEN/1760  
- 2 - 
  human and animal  health ". Consider ing that Article 5.3 of the SPS Agreement applies to the 
assessment of risk to animal  life or health, could the European Union elaborate on reply number  4 
in document G/SPS/GEN/1753 , which  reads , "Article 5.3 is not relevant in the case of SPS measures 
as defined in Annex A, paragraph 1.b " (that is , measures to protect human or animal  life or health )? 
7.  With regard to  the information provided in reply number 5 in document G/SPS/GEN/1753 , which 
safe alt ernatives did the European Union consider in establishing  its MRLs ? 
8.  The European  Union claim s, in reply number 5 in document G/SPS/GEN/1753 , that "Applicat ions 
for new MRLs/import tolerances can always be submitted under Regulation (EC) No. 396/2005 ". 
Article 14.2(f) of this  Regulation  (Decisions on applications concerning MRLs ) provides that "other 
legitimate factors relevant to the matter under considerati on" shall be taken into account . Would the 
Europea n Union please provide a definition and comprehensive list of what it regards as "other 
legitimate factors " to be taken into account in the establishment and granting of import tolerances ? 
9.  Could the European Union indicate  in which cases it has taken into account the comments made 
by other Members in the 60 day s between the draft notification of these measures and their 
adoption?  
10.  On the understanding that the European Union is engaged in an ongoing process of reviewin g 
multiple substances and their MRLs, and since the information available on the EFSA website  is 
incomplete or disjointed, could the European Union provide a complete list  of the substances and 
MRLs that have already been revi ewed and upda ted, to date, as well as a complete list of substances 
and MRLs that are currently at the evaluation phase?  
11.  At the most recent meeting of the SPS Committee in November  2019, the delegation of 
the European Union indicated that it would launch a process of p arallel notification in the TBT and 
SPS Committees should  the measure hold implications for both . Since then, the European Union has 
notified measures to the TBT Committee that could have implications within the framework of the  
SPS Agreement , but they have not been notified to the SPS Committee . Could the European  Union 
indicate when it might  begin t o implement this system of dual notification?  
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