G/TBT/W/662  
19 July 2019 
(19-4807) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  Spanish  
 
  
EUROPEAN UNION – TRANSITIONAL PERIODS FO R MAXIMUM PESTICIDE 
RESIDUE  LIMITS AND I NTERNATIONAL CONSULT ATIONS  
STATEMENT BY COLOMBI A TO THE COMMITTEE O N TECHNICAL BARRIERS  TO TRADE  
20 AND 21 JUNE 2019  
The following communication, dated 1 8 July 2019, is being circulated at the request of the delegation 
of Colombia . 
_______________  
 
 
1.  The Republic of Colombia wishes to reiterate its concern previously expressed in document 
G/TBT/W/601  regarding the "transition periods" granted by the European  Union (EU) prior to the 
entry into force of provisions amending maximum residue limits (MRLs) . This is an issue that we 
consider to be of the utmost importance for agricultural trade with the EU.  
2.  Although the European regulations provide for the possibility of establishing "transition periods", 
in practice there is an ever dec reasing number of European provisions related to MRLs that include 
such a period, even though the establishment of such periods should be the general rule (and not 
the exception, as tends to be the case) . This is problematic as, taking into account harvest ing periods 
and the times when agrochemicals are applied, the six -month period provided for in the TBT 
Agreement does not often give countries enough time to make the adjustments to production that 
are required to ensure compliance with the new standards . For processed and/or frozen products, 
the situation can be even more problematic.  
3.  In these cases, the transition periods should depart  from the general rule of a reasonable interval  
of six months suggested by the WTO , since farmers require more time to ada pt to MRL requirements 
as it takes 36 months on average to develop a new phytosanitary pest -control product . Moreover, it 
must be taken into account  that countries such as Colombia do not have the capacity to develop 
economically viable alternatives or to adapt their production processes . Even if alternative 
substances are developed in other places, the registration and approval procedures would take more 
time than the period granted by the EU.  
4.  Accordingly , the EU measures are having a signif icant effect on the production and trade of 
Colombian agricultural  products such as bananas , plantains, cape gooseberries  and cocoa, and the 
situation could deteri orate significantly  if the EU does  not change its appro ach to the implementation 
of these measures . Unfortunately, the EU has not accepted Members' requests for additional 
transition periods for adapting to these r egulations.  
5.  The EU has stated that as soon  as the EFSA recommendation and SCoPAFF decision are known, 
countries should be able to predict and make the relevant adjustments, including when this 
information is not notified to the WTO . Colombia does not agree with this argument, and senses that 
the EU considers notification to the WTO a formality, without taking into account Members' right to 
make comments . In accordance with WTO rules on transparency, the EU should be open to taking 
account of comments and the results of conversations with other Memb ers that may result in  the 
adjustment of its regulatory proposal on MRLs . Otherw ise the notification process and comments 
lose all value and meaning.  
6.  Take, f or example,  the current situation regarding the start of the transition period for reducing 
MRLs fo r the buprofezin compound in various crops . In Colombia's case, this regulatory amendment G/TBT/W/662  
- 2 - 
  would affect the marketing of bananas, which constitute one of the country's main agricultural 
products, worth around USD  700 million and accounting for 80 % of fruit exports to the EU.  
7.  To provide more context, in September  2018 the EU gave the go -ahead to apply the minimum 
detection limit (0.01 mg/kg) to products treated with buprofezin . It established a 10 -month period 
as of that date for the measure to enter into for ce. This decision was communicated after four 
months of formalities, and a transition period of six months was established at the WTO . This 
transition period is too short for farmers to be able to find control measures that are reliable enough 
to replace the buprofezin compound.  
8.  Where a substance  is prohibited or its MRL modified to 0.01 mg/kg, efforts should also be made 
in conjunction with agrochemical producers  to develop substitute compounds . To this end, it would 
be advisable to conduct field trials and the necessary scientific and environmental studies , which can 
take more than 30  months . The new alternative compounds  must also be reg istered for sale in the 
country of origin and their effectiveness for pest control must meet the high quality standards 
required by the European market.  
9.  In view of the above, Colombia considers that the WTO should open up a forum for technical 
discussion  with all Members concerned , on the basis of technical, scientific and economic arguments, 
to assess the transition periods for bringing into force the regulatory changes concerning MRLs, so 
as to prevent them from becoming unnecessary technical obstacles  to trade and from having an 
economic impact on producing countries.  
 
__________