G/SPS/GEN/2034/Rev.2  
 
4 November 2022 
(22-8316) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
 
TRADE FACILITATIVE APPROACHES TO PESTICIDE MRLS  
CO-SPONSORED BY: AUSTRALIA, CANADA, COLOMBIA, JAPAN, PARAGUAY  
AND THE UNITED STATES OF AMERICA  
Revision  
The following document , received on 4 November  2022, is being circulated at the request of the 
Delegation s of Australia , Canada , Colombia , Japan , Paraguay  and the United States of America . 
 
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1.  In March 2022 the SPS Committee held a thematic session on the topic of 'Trade facilitative 
approaches to pesticide MRLs, including substances not approved for use in an import market '. 
The thematic session was based on a proposal submitted by Australia, C olombia, Paraguay, and the 
United States. The final programme for the session is contained in document 
G/SPS/GEN/1989/Rev.1  and the Chair 's Summary and the final presentations are available at 
https://www.wto.org/english/tratop_e/sps_e/thematicsession220322_e.htm . 
2.  This paper seeks to highlight both the insights gained from the March 2022 thematic session and 
the importance of trade -facilitative approaches to pesticide MRLs and proposes a  series of issues for 
further consideration to strengthen the focus of the SPS Committee in this important area.  
3.  The thematic session explored various issues associated with pesticide MRLs and provided an 
opportunity for Members and private sector groups t o share their experiences and best practices 
with regard to facilitating safe trade. It was clear from the thematic session that trade -facilitative 
approaches to pesticide MRLs are a priority issue for many Members and that there was also broad 
agreement o n key issues, particularly the need to ensure safe and affordable food supply while 
facilitating trade.  
4.  The thematic session highlighted the importance of MRLs being risk -based  and based on 
international standards, guidelines or recommendations and the spe cific food safety risks associated 
with pesticide use. It  also highlighted , through both government and industry presentations , that 
solutions appropriate to local or regional conditions are required to manage the unique pest, disease 
and climate pressures  of each production region. We also heard that farmers, researchers and 
regulators are all focused on producing safe food in their own unique environment consistent with 
specific production needs and food safety requirements.  
5.  Establishing appropriate MRLs that reflect these unique conditions and are in line with 
international  standards, guidelines or recommendations  will only become more important in the 
future given changing climactic conditions that will affect the distribution and evolut ion of plant and 
animal pests and diseases at the same time as global population, agricultural demand and trade in 
agricultural products are all increasing. The thematic session highlighted the differences amongst 
MRL policies that are affecting trade thro ugh high compliance costs for trade, difficulty adapting to 
rapidly changing MRLs, increased food waste from the destruction of food shipments due to 
non-compliance with MRL settings in the importing countries, and increased business risks for 
producers.  G/SPS/GEN/2034/Rev.2  
 
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  6.  The WTO Secretariat also highlighted the significance of MRL issues for Members of the 
SPS Committee, with almost 20 percent of all SPS Committee notifications  over the last two decades 
relating to MRLs . The majority of these  trade concerns relate to the la ck of conformity with Codex 
standards, and approximately eight percent of all STCs (42 in total) brought to the Committee are 
also related to MRLs. The Secretariat drew attention to the significant number of provisions within 
the SPS  Agreement which relate  to the proper setting of pesticide MRLs, including the principles of 
non-discrimination against imported products (Article  2.3), transparency (Article 7 and Annex B), 
the necessity of scientific justification and use of international standards (Article  2, Article  3, 
Article  5), and trade -facilitative control, inspection and approval procedures (Annex C).  
7.  It is therefore important that the SPS Committee focus its efforts to fully engage  to more deeply 
examine  the issues raised in the thematic session , given the adverse impact on trade and food 
security arising from misaligned or missing MRLs or application of lower/default MRLs that are not 
in line with international standards, guidelines or recommendations  (for example, Codex MRLs ). It is 
important that t he Committee further consider these issues and those effective trade facilitative 
approaches to address them, whether through promoting the importance of establishment of import 
MRL systems by WTO Members, continued international harmonization with Codex M RLs, 
encouraging the development of international guidance on appropriate transition periods for lowered 
MRLs, or through the role of channels of trade provisions.  
Proposed Focus for Discussion  
8.  The sponsors of this paper therefore propose that the SPS Comm ittee further consider and 
discuss the following potential areas of focus to foster trade facilitative approaches to pesticide MRLs, 
including for substances not approved for use in an import market:  
− Consider approaches in which further international harmo nization of MRLs can be 
encouraged in line with Codex MRLs, including whether it may be appropriate to encourage 
Codex to explore ways in which MRLs may be developed more quickly.  
− Consider whether it is appropriate to suggest that international guidance be  developed on 
transition periods when  import MRLs  are modified . 
− Consider what further international efforts can be taken to support the establishment of 
import MRL  system s in line with international standards, guidelines or recommendations . 
− Consider the ro le that international channels of trade provisions can provide in facilitating 
safe trade and whether it is appropriate to suggest that international guidance to  be 
developed.  
9.  It is suggested that a working group be established to address these issues, wit h progress reports 
to be made at each Committee meeting. However, proposals for alternative mechanisms are 
welcome.  
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