G/SPS/GEN/2034  
 
3 June 2022  
(22-4253) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
TRADE FACILITATIVE APPROACHES TO PESTICIDE MRLS  
CO-SPONSORED BY: AUSTRALIA, COLOMBIA, AND PARAGUAY  
The following document , received on 3 June 2022, is being circulated at the request of the 
Delegation s of Australia , Colombia , and Paraguay . 
 
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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 propo sal submitted by Australia, Colombia, 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 C ommittee 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 to share their experiences and best practices 
with regard to facilitating safe tr ade. 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 on key issues, particularly the need to ensure safe and affordable food supply wh ile 
facilitating trade.  
4.  The thematic session highlighted the importance of MRLs being risk -based, based on 
internationally accepted guidance and the specific food safety risks associated with pesticide use. 
It also highlighted through both government and i ndustry presentations that place -based solutions 
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 focussed on producing safe food in 
their own un ique 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, scientific guidance will only become more important in the futur e given changing 
climactic conditions that will affect the distribution and evolution 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 sess ion highlighted the differences amongst MRL policies 
that are affecting trade through 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.  
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 t wo decades 
related to MRLs, that the majority of these are not in conformity with Codex standards, and that 
approximately eight percent of all STCs (42 in total) brought to the Committee are also related to 
MRLs. The Secretariat drew attention to the signi ficant number of provisions within the 
SPS Agreement which relate to the proper setting of pesticide MRLs, including the principles of G/SPS/GEN/2034  
 
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  non-discrimination against imported products (Article 2.3), transparency (Article 7 and Annex B), 
the necessity of scient ific 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 our efforts to fully engage with t he 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 
guidance such as Codex MRLs. It is important t hat the Committee further consider these issues and 
those effective trade facilitative approaches to address them, whether through the importance of 
establishment of import MRL systems within Codex member countries and organi zations, continued 
internationa l harmoni zation with Codex MRLs, 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 Committee 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 ma rket: 
− Consider approaches in which further international harmoni zation of MRLs can be 
encouraged in line with Codex MRLs, including ways in which more Codex MRLs can be 
developed more quickly.  
− Consider whether it is appropriate for international guidance t o be developed on appropriate 
transition periods for changed import MRLs.  
− Consider what further international efforts can be taken to support the establishment of 
import MRLs in line with Codex and the APEC Import MRL Guideline for Pesticides .  
− Consider th e role that international channels of trade provisions can provide and how these 
may best be developed.  
9.  It is suggested that a working group be established to address these issues, with progress reports 
to be made at each Committee meeting. However, propos als for alternative mechanisms are 
welcome.  
 
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