G/SPS/GEN/2002  
23 March  2022 
(22-2449) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
WTO - Internal  SPECIFIC TRADE CONCERNS - EUROPEAN UNION MAXIMUM RESIDUE LEVELS (MRLS)  
FOR ALPHA -CYPERMETHRIN, BUPROFEZIN, CHLOROTHALONIL, CHLORPYRIFOS,  
CHLORPYRIFOS -METHYL, DIFLUBENZURON, ETHOXYSULFURON,  
GLUFOSINATE, IMAZALIL, IOXYNIL, IPRODIONE, MANCOZEB,  
MOLINATE, PICOXYSTROBIN AND  
TEPRALOXYDIM  - STC NO. 448 
COMMUNICATION FROM COLOMBIA, ECUADOR, GUATEMALA AND PARAGUAY  
The following commu nication, dated 2 1 March 2 022, is being circulated at the request of the 
delegations of Colombia , Ecuador , Guatemala  and Paraguay . 
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MODIFICATION OF EUROPEAN UNION MRLS FOR PLANT PROTECTION PRODUCTS  
The delegations of Colombia, Ecuador, Guatemala and Paraguay would like to ask the 
European  Union the following questions further to the replies received from the European Union in 
document G/SPS/GEN/1970 , and in light of the provisions of Article 5.8 of the SPS Agreement : 
1.  With regard to the procedures for emerg ency authorization s (Article 53 of Regulation 1107/2009) 
and import tolerances  (Article  6 of Regulation  396/2005):  
a) How long does it take on average to approve an emergency authorization and to approve 
an import tolerance ? 
b) What is the average cost of the emergency authorization approval process and the average 
cost of the import tolerance approval process ? 
2.  With regard to emergency authorizations : 
a) Could the E uropean Union  please explain  why section  11 (concerning temporary MRLs ) of 
an emergency authorizatio n is, in general, left blank ? In such cases, what is the applicable 
MRL? 
b) If a temporary  MRL is granted, does this mean the product can be marketed in other 
European Union Member States ? 
c) Can third States, which are not members of  the European Union, benefit from authorized 
temporary MRLs ? 
d) What MRL is applicable in emergency authorizations for minor crops ? How is this MRL 
determined ? 
e) Could the European Union provide some figures regarding the number of emergency 
authorizations that  have been refused ? 
3.  How are import tolerances assessed for minor crops ? 
4.  The requirements to be met by a n import tolerance  applicant are stricter than those to be met 
by an applicant for an emergency authorization for a new combination of substance and basi c 
product . Is this correct ? What is the basis for this distinction ? G/SPS/GEN/2002  
- 2 - 
  WTO - Internal  5.  In its reply to question No. 4 in document G/SPS/GEN/1970 , the European Union refers to 
relevant Dispute Settlement Body (DSB) rulings . Which DSB rulings does the European Union 
consider relevant ? 
6.  It is our understan ding that, according to the European Union, its MRL regime does not fall within 
the scope of Article  5.7 of the SPS Agreement , despite the existence of scientific uncertainty . Is this 
correct?  
7.  In its reply to question No. 6 in document G/SPS/GEN/1970 , the European U nion shares a 
summary table o f figures regarding harmonization with the Codex since 2017 . We would be grateful 
if the European Union could provide data disaggregated by : 
a) type of plant protection product  (e.g. insecticid e, fungicid e, etc.) ; 
b) active substance s in cases where they are not aligned with CXLs; 
c) active substances that have benefited from (i) emergency authorizations and  (ii) import 
tolerances . 
8.  In its reply to question No. 8(a) in document G/SPS/GEN/1970 , the European Union notes that 
around 90 % of emergency authorizations are for plant protection products containing active 
substances that are approved in the European Union . With regard to the remaining  10% of cases : 
a) Are stricter requirements applied to the applicant when they request an emergency 
authorization for an active substance that is no longer approved in the European Union ? 
b) What type of scientific evidence is required from the applicant in these cases ? 
c) What MRL is imposed ? 
9.  In its reply to question No. 9(a) in document G/SPS/GEN/1970 , the European U nion states that 
no exports outside the Union are allowed in the event that food/feed does not comply with the 
European Union  MRL due to an emergency authorization . What mechanisms do Member States 
introduce to ensure that such products are not exported ? Could the European Union provide specific 
examples of these control mechanisms ? 
10.  Further to the European Union's reply to question No. 10 in document G/SPS/GEN/1970 , 
according to which emergency authorizations are limited to European Union Member States, what is 
the explanation for the  27 emergency authorizations granted by Norway ? 
11.  Further to the European Union's reply to question No. 15 in document G/SPS/GEN/1970 , which 
other WTO Agreements, and Articles  thereof, would be applicable to MRLs that are set taking into 
account "other legitimate factors "? 
12.  Regarding substances considered to be of global concern and for which it has been announced 
that import tolerances will no longer be granted, could the European Union confirm whether 
emergency authorizations will no longer be granted  either ? 
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