G/SPS/GEN/2216  
 
28 March  2024 
(24-2764) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  
EUROPEAN UNION  IMPORT TOLERANCES FOR CERTAIN PESTICIDES  
TO ACHIEVE ENVIRONMENTAL OUTCOMES IN THIRD   
COUNTRIES  – SPECIFIC TRADE CONCERN 534  
SUBMISSION BY THE UNITED STATES  OF AMERICA  
The following submission, received on 26 March 2024, is the statement  made by the United  States 
of America at the 20-22 March  2024 WTO SPS Committee, and is being circulated at the request of 
the Delegation of the United States of America . 
 
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1.  The United States reiterates its concerns with the European Union 's Commission Regulation 
2023/334 regarding the reduction of maximum residue levels (MRLs) for clothianidin and 
thiamethoxam, notified to the TBT Committee as G/TBT/N/EU/908  on 6 June 2022, through which 
the European Union appears to be  applying domestic environmental policies to food and agricultural 
products imported from third countries.  
2.  The United States is disappointed that the E uropean Union has not provided a substantive 
response to the legitimate concerns raised by multiple Membe rs in this Committee. This lack of 
response is particularly troubling considering recent farmer protests in EU member States that would 
suggest that agricultural producers within the E uropean Union are aligned with concerns previously 
raised by Members reg arding the detrimental effects of these measures.  
3.  Given the critical importance of pesticides such as clothianidin and thiamethoxam to produce 
crops that are exported to the E uropean Union from the United States and other WTO Members, 
we are concerned that  the reduction of these MRLs to the limit of quantification, or LOQ, poses a 
significant barrier to trade.  
4.  As the E uropean Union has previously recognized, global environmental challenges cannot be 
achieved by prescriptive, one -size-fits-all approaches tha t are narrowly tailored to the conditions in 
one country or region.  
5.  The United States urges the E uropean Union to refrain from using pesticide MRLs outside of their 
intended purpose, which is to allow regulators to monitor the lawful applications of pestic ides and to 
ensure consumer food safety.  
6.  WTO Members rely on pesticide MRLs, including MRLs established by Codex, to ensure food safety 
for consumers and to facilitate trade in agricultural products. International consensus -based 
pesticide MRLs reflect the  highest level of pesticide residue that is acceptable in or on food or feed 
in consideration of consumer exposure and possible health risks; pesticide MRLs are not an 
appropriate or efficient indicator of environmental outcomes because MRLs are not develo ped to 
address this objective.  
7.  The United States recalls that the European Food Safety Authority 's (EFSA) review of clothianidin 
and thiamethoxam recommended MRLs that were safe for consumers. We, therefore, reiterate our 
request for the E uropean Union to share the scientific and technical information that demonstrates 
how the reduction of these MRLs to the LOQ for products produced outside of the E uropean Union 
protects pollinators, including bees.  G/SPS/GEN/2216  
 
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  8.  In the absence of scientific or technical information indicating how the reduction of MRLs to the 
LOQ for products produced outside of the E uropean Union contributes to the objective of protection 
of pollinators, including bees, the United States requests that the E uropean Union refrain from 
additional attempts to achieve global environmental outcomes through pesticide MRLs and to restore 
prior MRLs for clothianidin and thiamethoxam.  
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