G/SPS/GEN/2111  
 
28 March  2023 
(23-2193) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
 
EUROPEAN UNION  MRLS AND PESTICIDE POLICIES – SPECIFIC TRADE CONCERN 448 : 
EU MRLS FOR ALPHA -CYPERMETHRIN, BUPROFEZIN, CHLOROTHALONIL , 
CHLORPYRIFOS, CHLORPYRIFOS -METHYL , DIFLUBENZURON,   
ETHOXYSULFURON, GLUFOSINATE, IMAZALIL, IOXYNIL,   
IPRODIONE, MANCOZEB, MOLINATE, PICOXYSTROBIN   
AND TEPRALOXYDIM  
SUBMISSION BY THE UNITED STATES  OF AMERICA  
The following submission, received  on 27 March 2023, is the statement made by the United States 
of America at the 22 -24 March 2023 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 along with Costa Rica, Ecuador, Paraguay, and other Members, continues to 
express concern with the European Union's trade -restrictive processes for reviewing pesticides and 
subsequently withdrawing or reducing pesticide maximum residue levels (MRLs).  
2.  The Europea n Union has repeatedly claimed that its pesticide and MRL measures are transparent, 
science -based, and non -discriminatory. Unfortunately, we continue to have questions concerning 
the EU's regulatory procedures, the scientific basis of the determinations, a nd the treatment of 
imported products.  
3.  We also recall that the European  Union continues to make reference to what it refers to as the 
ALRA, or As Low As Reasonably Achievable, principle. As we stated in the November 2022 meeting 
of this Committee, this con cept is neither relevant nor applicable to pesticide residues, and 
we remind the European  Union of the obligation of Members to apply least restrictive measures that 
accomplish their stated level of protection.  
4.  The United States again highlights the importance of using a science and risk -based enforcement 
process, which facilitates trade in a manner consistent with the SPS Agreement. Unfortunately, 
the EU's approach injects an unnecessary degree of uncertainty for farmers and trading partners, 
does no t advance shared efforts towards global food security and strengthening the global food 
supply chain, and appears to be more trade -restrictive than necessary.  
5.  We note that the EU's continued use of emergency authorizations in the European  Union for 
active substances no longer approved for use in the European  Union demonstrates the importance 
of certain crop protection tools as well as the lack of effective and economical alternatives, both in 
the European  Union and for farmers around the world.  
6.  Further, the  EU's use of emergency authorizations is consistent with EFSA's own evaluations of 
emergency use authorizations for important insecticides, which often find that there are no effective 
alternatives available or that there is a risk of insect resistance to alternative products.  
7.  Our growers and processors are increasingly concerned that the European  Union continues to 
implement transition periods that do not provide adequate time for legally produced commodities to 
clear the channels of trade, and that appear  to establish differences in treatment between domestic 
and imported products.  G/SPS/GEN/2111  
 
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  8.  Farmers around the world rely on access to the full range of tools and technologies available for 
agricultural production, and these tools are essential to mitigate food securit y risks and to alleviate 
poverty.  
9.  This access is facilitated by well -functioning, objective, and science -based regulatory systems 
that protect consumers and establish the basis for fair trade.  
10.  These tools and technologies are critical to protecting crops f rom pests and diseases and allows 
farmers to enhance yields and productivity while also limiting post -harvest losses and reducing 
unnecessary food waste, thus ensuring that the resources invested in producing food are being 
managed efficiently and sustaina bly. 
11.  Access to these tools promotes an abundant supply of affordable, safe food to meet the growing 
demands of global consumers, many of whom rely directly or indirectly on agriculture to sustain 
their livelihoods.  
12.  During these times of increasing global f ood insecurity, the European  Union needs to recognize 
that its regulatory approaches for pesticides are increasingly out of step with those of nearly every 
other Member of the WTO and strongly consider the concerns that have been raised for years by 
many W TO Members.  
 
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