G/SPS/GEN/1761  
2 March  2020 
(20-1580) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
MODIFICATION OF EURO PEAN UNION MRLS FOR PLANT PROTECTION  
PRODUCTS – CHLORPYRIFOS (G/SPS/N/EU/360 ) 
COMMUNICATION FROM C OLOMBIA  
The following communication, received on 2 7 February  2020, is being circulated at the request of 
the delegation of Colombia . 
 
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1.1.  On this occasion, with t he aim of promoting agricultural development and facilitating foreign 
trade with the European Union (EU), we would like to draw the attention of the EU and of 
WTO Members to an issue of the utmost importance for world agriculture that particularly affects 
the Colombian coffee and banana sectors . We would be grateful if you would take our comments 
into consideration.  
1.2.  Several years ago, the EU began implementing a green policy to reduce the use of plant 
protection products . The EU is "exporting" this policy t o its trading partners by suspending the 
approval of many active substances and by subsequently reducing the maximum residue levels 
(MRLs) for these substances to the minimum detection level . It is also  lowering MRLs for active 
substances that remain  approved . The EU is introducing  these measures without any sound scientific 
evidence to show that such measures are the least trade -restrictive means of achieving an 
appropriate level of protection for consumers.  
1.3.  In Colombia, as in other countries, the us e of certain active substances such as chlorpyrifos  is 
vital for agricultural production . Such substances are essential tools , not only for protecting crops 
against pests and diseases, but also for maintaining the quality and safety of products during 
storage, transportation and marketing before they reach consumers in the European market.  
1.4.  A particular cause for concern is the non -renewal of the approval of the substance chlorpyrifos 
(G/TBT/N/EU/682 ) and , now, the reduction of the relevant MRL to  one that, in practice, reflects 
zero tolerance (0.01 mg/kg) . Chlorpyrifos is vital for controlling quarantine pests in coffee crops, 
while for bananas, like in many other countries, it is applied using plastic "tree bags" impregnated 
with the substance , which, apart from preventing damage to the fruit, ensure minimum exposure to 
the phytosanitary product in comparison with other substances.  
1.5.  The use of chlorpyrifos increased following the entry into force of a similar measure for 
buprofezin ( G/SPS/N/EU/264 ), a substance until then used for the same purpose . Colombia first 
placed that particular measure on th e SPS Committee's agenda in 2018 (trade concern No. 448). 
Our farmers' choice of safe tools is increasingly undermined by regulatory barriers that are not 
founded on internationally agreed risk analysis principles and that do not take into account 
alternative approaches to meeting regulatory objectives.  
1.6.  Regarding  the current modification of MRLs for chlorpyrifos, we note that while the 
European  Commission requested the European Food Safety Authority (EFSA) to conduct  a scientific 
study on the effects  of the use of th is substance and its impact on human health, the latter  did not 
even complete the respective analysis, and  that in the absence of sufficient and conclusive 
information, the Commission's Directorate -General for Health and Food Safety, in application of the 
precautionary principle, proceeded to suggest re ducing MRLs to the minimum level of detection 
(0.01mg/kg) as a preventive measure.  G/SPS/GEN/1761  
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  1.7.  The MRLs based on conclusive scientific evidence  that are established in the Codex Alimentarius 
and in the Colombian domestic regulations  consistent with the Codex, are high er than those 
established recently by the European Union for chlorpyrifos . The European Union's modification 
therefore departs from the international standard recommended by the WTO SPS Agreement, 
without any scientific justification for even recommending  the revision of  the MRLs within the Codex 
framework . Measures such as the one described have been contested by entities such as the 
Joint Meeting on Pesticide Residues (JMPR), the world's leading scientific advisory body in the area 
of pesticide and residue assessment . These entities, in their contribution  to the risk analysis, have 
examined the same set of studies and found that there is no form of risk to consumers, and have 
recommended new MRLs for the substance that are even higher than those curr ently agreed under 
the Codex.  
1.8.  It should be noted that bananas account for around 53 % of Colombian fruit and vegetable 
exports and that the European Union represents around 80 % of Colombia's  entire banana market . 
As for coffee, this product account s for a s ignificant share of the total value of Colombian exports, 
and 7 of its 10 main export destinations are European Member States , including  Germany, Belgium, 
Italy, Spain and the United Kingdom . The adoption of the European measure concerning  chlorpyrifos 
would have a significant negative  impact on Colombia's rural  economy, affecting more than 
2,700,000 people involved in the production of these crops and , in turn,  the 583,000 families that 
depend on bananas and coffee for their economic livelihood.  
1.9.  In this light, we once again urge the European Union to provide further  information on the 
process and timelines for setting import tolerances for active substances that are not re -authorized 
in the EU, as well as on applicable transition periods for MRLs . We also s trongly encourage the EU 
to establish a transparent, predictable and commercially viable import tolerance process for plant 
protection products that have not been re -approved, that includes a risk assessment, taking into 
account risk assessment techniques developed by the relevant international organizations . We 
encourage the EU to engage meaningfully with trading partners on this issue.  
1.10.  In order to face the challenge of producing more food in a safer and more sustainable way, 
farmers must be able to access  the full range of safe tools and technologies that are available for 
agricultural production.  
1.11.  Lastly, we ask that any measure applied by the European Union be prepared in accordance 
with the WTO SPS Agreement, particularly Article 2.2 (the SPS measure shall be based on scientific 
principles), Article 5.2 (in the assessment of risks, Members shall take into account available 
scientific evidence, relevant processes and production methods, and relevant inspection, sampling 
and testing methods) and Article 5.3 (Members shall take into account as relevant economic factors : 
the potential damage in terms of loss of production or sales).  
 
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