G/SPS/W/358  
 
17 April 2024 
(24-3207) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  
SIXTH  REVIEW OF THE OPERATION AND IMPLE MENTATION OF THE AGREEMENT  
ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES  
CHALLENGES POSED BY STRINGENT MRLS  
PROPOSAL FROM INDIA  
The following proposal , received on  16 April 2024, is being circulated at the request of the delegation 
of India. 
 
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1  BACKGROUND  
1.1.  We recall the work done by the SPS Committee in addressing the challenges posed by stringent 
maximum residue limits (MRLs) for pesticides and their effect on global food trade, particularly its 
recommendations during the Fifth Review of the Operation and Implementation of the 
SPS Agreement. We also recognise benefits of workshops, such as the APEC MRLs Harmonization 
Workshop and projects of the Standa rds and Trade Development Facility (STDF) in understanding 
the challenges posed by low harmonization of MRLs and finding meaningful solutions.  
1.2.  We note the various trade concerns raised in the SPS and TBT Committee in relation to stringent 
MRLs. Stringent M RLs can be trade -restrictive and may act as non -tariff barriers to international 
trade, disproportionately affecting developing country Members that often rely heavily on 
agricultural exports. If MRLs are set without proper risk assessment and on hazard -based approach 
at levels that are difficult for countries to meet, it can hinder exports and limit access to international 
markets.  
1.3.  The stringencies of national MRLs over and above the Codex and , additionally , the presence of 
non-Codex MRL standards are pert inent issues. Developing countries and least developed countries 
(LDCs) at large have been severely affected due to the non -acceptance of established international 
standards and the application of a Member 's own stringent standards on account of 'appropria te 
level of protection '. It is essential to align MRLs with Codex standards, wherever available, and in 
cases where international standards are lacking, efforts should be made to fill these gaps. It is crucial 
to ensure that stringent non -Codex MRL standar ds are not used for restricting market access, while 
recogni zing that such trade policy measure needs to be grounded in domestic economies.  
1.4.  There is a concerning trend in the movement towards stringent MRL thresholds for pesticides, 
which may hinder agricu ltural trade. Further, the unilateral measures based on considerations other 
than food safety disregard the local circumstances of agricultural practices. Also, the expanding 
scope of MRL regulations without comprehensive scientific assessments raises conc erns about 
product coverage and safety. These trends are trade -restrictive, lead to the de -harmonization of 
international standards and act as barriers to international trade, particularly impacting exporters 
from developing countries. The frequent change in MRL requirements exacerbates the negative 
impacts on trade, especially when the transition period is not sufficient for compliance by the 
developing countries.  G/SPS/W/358  
 
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  2  PROPOSAL S 
2.1.  Against the backdrop of the concerns raised above, we urge the WTO Membership to address 
the challenges caused by low or default MRL s in collaborative manner. In this regard, the following 
proposals are made:  
a. The SPS Committee should organise thematic sessions on the impact of stringent MRLs 
and experiences of Members in compliance with MRL requirements;  
b. Members should work towards developing guidelines for determining default MRLs in the 
absence of international MRL standards, in collaboration with FAO and Codex ; 
c. The Members should adhere to the provisions of Article 5.7 of the SPS Agreement when 
international MRL standards are not available and not rely on a hazard -based approach. 
The Members should inform the SPS Committee periodically of measures taken by them 
to collect the additional information after implementation o f a provisional MRL. Also, any 
restriction on approval or non -renewal of any active substances should be based on 
risk-assessment and rely on scientific evidence ; 
d. The SPS Committee should develop a mechanism for monitoring harmonization of 
Members ' SPS mea sures with the available Codex texts, and reporting to the 
SPS Committee. Such a mechanism aims to promote the adoption of Codex standards by 
all Members, thereby facilitating smoother trade. Members should promptly respond to 
requests raised through such a mechanism. A phased approach could be implemented, 
prioriti zing monitoring of specific Codex texts based on their significant impact on trade. 
The SPS Committee may use tools like thematic groups, questionnaires, and surveys for 
this purpose ; 
e. The WTO sho uld monitor the MRL -related measures and discussions in Committees other 
than the SPS Committee. For instance, the EU Commission Regulation 2023/334 lowered 
the MRLs for clothiandin and thiamethoxam  with the stated objective to protect the 
pollinators in o ther Members ' territories. This measure was notified to the WTO 
TBT Committee ; 
f. The SPS Committee and WTO Members should continue to support the work of Codex in 
developing MRL standards and identify the gaps in development of new MRL standards ; 
g. The Members should have longer time -frames for compliance for products from the 
developing and LDC Members as enshrined in Article 10.2 of the SPS Agreement and 
positively consider the requests for extended time -limits from such Members in the spirit 
of Articl e 10.3 of the SPS Agreement ; 
h. The Members should work towards increasing transparency regarding support extended 
to the developing and LDC Members to facilitate compliance with the new MRLs ; 
i. Technical assistance and support should be extended to Members for  effective 
management of pests which significantly impact crop production and cause significant loss.  
2.2.  In the above context, Members should explore the means of addressing the trade barriers 
imposed by the increasing use of stringent MRLs and particularly, facilitate developing countries and 
LDCs in overcoming such trade barriers.  
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