G/SPS/GEN/2217  
 
28 March  2024 
(24-2774) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  
EUROPEAN UNION  REVIEW OF LEGISLATION ON VETERINARY MEDIC INAL PRODUCTS  
– SPECIFIC TRADE CONCERN 446  
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.  This is the fourteenth time the United States has raised its concerns in this Committee on the 
implementation of Article 118 of EU regulation 2019/6.  
2.  The United States continues to stress that the EU regulation will unnecessarily limit access to 
animal production practices that are necessary and appropria te for farmers and producers within 
their own countries and that pose no food safety risks.  
3.  The United States requests that the E uropean Union consider alternative regulatory approaches 
by third country systems that achieve the EU level of protection. Memb ers require flexibility in how 
they use veterinary medicines. Unilateral restriction by the E uropean Union on the use of specific 
production practices in other countries unnecessarily hinders the ability of producers in those 
countries to raise animals in the most efficient and sustainable manner for their local conditions and 
will unnecessarily restrict trade of safe agricultural products.  
4.  The United States again requests scientific evidence that demonstrates that this EU measure will 
significantly and eff ectively reduce the occurrence of foodborne antimicrobial resistance.  
5.  The World Health Organization and Codex Alimentarius differentiate between medically important 
and non -medically important antimicrobials. This is an important differentiation as non -medically 
important antimicrobials have been deemed safe for use as growth promoters. Growth promoters 
safely and efficiently increase yield; through their use, feed and other inputs may be optimized so 
that animals reach market weig ht more quickly, which can result in production systems that are 
more environmentally and economically sustainable than other approaches.  
6.  The United States understands that the E uropean Union has announced an implementation date 
in September 2026, which wo uld only provide a 24 -month transition period. Such a short transition 
period would be impractical for the implementation of these measures, as it does not take into 
consideration the lifespan of different animal species or the shelf and storage life of pr oducts already 
in the supply chain.  
7.  Additionally, in previous written guidance provided to the United States, the E uropean Union has 
stated that "conditions for entry into the Union of consignments of animals or products shall only 
apply as from 24 months after the date of application of those implementing Regulations ". 
8.  However, on 6 March of this year , the E uropean Union stated that only products derived from 
animals that have not been treated with either antimicrobials on the restricted list or with 
antim icrobials to promote growth during their lifetime can be exported to the E uropean Union. 
9.  The United States respectfully requests once again that the E uropean Union ensure this 
legislation is forward  looking. These regulations should not affect animals, or their products, G/SPS/GEN/2217  
 
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  that were treated with an antimicrobial listed in Article 118 of Regulation (EU) 2019/6 prior to its 
entry into force, including animal products already produced but in storage prior to implementation.  
10.  Logically, any approach that is retroa ctive instead of forward looking could appear to lack 
justification, and could therefore be construed by Members as an arbitrary barrier to trade.  
11.  As we continue to move forward, we expect the E uropean Union to meaningfully engage with 
Members through bila teral consultations to mitigate any potential trade disruptions. 
The United  States remains available to further discuss implementation of Article 118.  
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