G/SPS/GEN/1858  
 
18 November  2020 
(20-8280) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
 
EU MRLS AND PESTICIDE POLICIES – SPECIFIC TRADE CONCERN 448 : 
EU MRLS FOR BUPROFEZIN, CHLOROTHALONIL, DIFLUBENZURON,  
ETHOXYSULFURON, GLUFOSINATE, IMAZALIL, IOXYNIL,  
IPRODIONE,  MOLINATE, PICOXYSTROBIN  
AND TEPRALOXYDIM  
SUBMISSION  BY THE UNITED STATES  OF AMERICA  
The following document , received on 13 November  2020, is being circulated at the request of the 
Delegation of the United Sta tes of America . 
 
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1.1.  The United States thanks Colombia, Costa Rica, Dominican Republic, Ecuador, and Paraguay 
for continuing to support inclusion of this important issue on the SPS Committee's November 2020 
meeting agenda.  
1.2.  We remain deeply concerned over the E uropean Union's implementation of unnecessarily 
restrictive pesticide poli cies. The EU codification of a hazard -based approach to pesticide regulation 
and implementation of the so -called "precautionary principle" is adversely impacting global 
agricultural production and trade, particularly in developing countries.  
1.3.  At the June 20 20 meeting, the European Union  provided a list of responses that once again do 
not address our concerns.  
1.4.  The United States asked about the level of protection the European Union seeks when it ignores 
the weight of scientific evidence in making its regulato ry decisions. The European Union responded 
that residues must not present "an unacceptable risk to humans ". However, many of the substances 
for which the European Union has reduced MRLs to the limit of detection (LOD) have been reviewed 
by Codex and other trading partners, and were found not to present an unacceptable risk when used 
according to good agricultural practices. And so, we continue to ask how these MRLs that have been 
adopted by Codex and are based on scientific evidence do not meet the EU level  of protection.  
1.5.  We specifically note in this regard, G/SPS/N/EU/394  notified on 15 July 2020. Despite Codex 
proposing to increase its chlorothalonil MRL for cranberries, the European Union has reduced the 
MRL to the LOD. In the same notification, and despite Codex having established MRLs, the European 
Union also reduced MRLs to the LOD f or fenamidone and propiconazole, foliar fungicides used on 
many crops including leafy green vegetables and brassicas, mushrooms, corn, wild rice, peanuts, 
almonds, sorghum, oats, pecans, apricots, peaches, nectarines, plums and prunes. Using a variety 
of fungicides helps reduce resistance to any specific fungicide, but the European Union is limiting 
producer access to these tools.  
1.6.  The E uropean Union's efforts are eroding public confidence in Codex and risk -based regulatory 
systems and casting unwarranted do ubt in consumers' minds about the safety of the global food 
supply while doing nothing to advance public health. We request that the European Union explain 
how these actions are consistent with obligations of the SPS Agreement.  
1.7.  The European Union also clai ms that it makes its decisions on active substances "after a 
rigorous risk assessment ". However, the European Food Safety Agency (EFSA) reviews often point 
to inconclusive results or data gaps and EFSA then declines to complete the consumer risk G/SPS/GEN/1858  
 
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  assessment s. Again we reference G/SPS/ N/EU/394  as an example. The notification covered the 
modification of MRLs in ten active substances, eight of which had been previously approved for use 
in the European Union but were not renewed upon review. None of these eight active substances, 
carbon te trachloride, chlorothalonil, chlorpropham, dimethoate, ethoprophos, fenamidone, 
methiocarb, propiconazole nor pymetrozine, had completed consumer risk assessments as part of 
their EFSA reviews. This is only one of several SPS notifications that the Europea n Union has made 
in 2020.  
1.8.  We also continue to be concerned with increasing politicization of MRLs, most notably in April 
when the Committee on Environment, Public Health and Food Safety (ENVI) voted in favor of an 
objection tabled by a Member of Parliament  on maximum residue levels for mandestrobin, commonly 
used on strawberries, table grapes and wine. The MRLs that ENVI rejected met all EU approval and 
safety criteria, including a supportive EFSA risk assessment on data sufficiency and unlikely risk to 
consumer health.  
1.9.  The European Union also continues to implement transition measures 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 i mported products.  
1.10.   The EU Farm to Fork strategy, Biodiversity Strategy, and the Pesticide REFIT evaluating 
Regulations 1107/2009 and 396/2005 raise concerns that the European Union will only accelerate 
the use of the problematic practices we have highlighte d. Further, these documents all include 
directives to force trading partners to adopt the E uropean Union's precautionary standards.  
1.11.   In July 2020, the US International Trade Commission, an independent federal agency, 
published volume one of its report, "The Global Economic Impact of Missing and Low Pesticide MRLs ". 
The report finds, among many things, trade to be negatively impacted by unharmonized MRLs.  
1.12.   The international community should be working together to support science -based measures 
that promote a safe and sustainable food supply. We call on the European Union to join with its 
trading partners in identifying such mutually beneficial solutions.  
 
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