G/TBT/W/624  
 
5 April 2019  
(19-2206) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
EUROPEAN UNION - REGULATION (EC) NO . 1107/2009 - NON-RENEWAL OF  
APPROVAL OF THE ACTI VE SUBSTANCE PICOXYS TROBIN  
STATEMENT BY BRAZIL TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
6 AND 7  MARCH  2019 
The following communication, dated 5 April 2019 , is being circulated at the request of the delegation 
of Brazil . 
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1.1.  Our concerns voiced in previous meetings remain valid.  
1.2.  Furthermore, as stated by Brazil in document G/TBT/W/460/Rev.1, circulated in the context of 
the 8th Triennial of the T BT Agreement, we believe that it is important to enhance notification 
procedures under the TBT Agreement. As we said, the notification system in the TBT Committee is 
one of its most important functions. However, to reach its full potential of allowing coun tries to 
comment on notifications in a timely and efficient manner, it is necessary that Members fully comply 
with all notification conditions, starting with notifications being made under the adequate agreement.  
1.3.  It has been noticed that some of the measur es notified are not related only to the TBT 
Agreement, but could also fall under the SPS Agreement. As the TBT and SPS Agreements regulate 
similar areas, we know that identifying the scope under which a specific measure falls is not always 
a clear -cut issu e. That 's why we proposed, through the same document I just mentioned, that in 
situations where a Member considers it is difficult to establish or foresee whether a draft technical 
regulation may fall under the TBT and/or the SPS Agreement, Members should be encouraged to 
notify the measure simultaneously in both Committees. A preliminary study undertaken by Brazilian 
authorities has shown that, since 2016, at least 20 different cases of substances that were not 
approved or had their registry of approval no t renewed by the EU were notified only to the TBT 
Committee. We believe that all these cases should have been notified to the SPS Committee as well.  
1.4.  We then consider that the eventual adoption of this system of double notification would 
contribute to enhan cing predictability and transparency, thus allowing Members to react, comment, 
and adapt to new regulatory measures in a more adequate and timely manner.  
1.5.  The reminder of this document submitted by Brazil is important because it suits exactly in the 
STC we are analysing right now. As we know, in January 2017, the EU notified to the TBT Committee 
that the approval of picoxystrobin was not renewed (G/TBT/N/EU/437). But only in July 2018 (after 
one year and a half), the EU notified to the SPS Committee the adop tion of Commission Regulation 
(EU) 2019/91 of 18 January 2019, establishing very restrictive maximum residue levels for seven 
substances, including picoxystrobin, as well buprofezin, which are important substances for Brazil's 
trade in agricultural commodi ties. Moreover, we consider that the transitional period of 13 August 
2019 given for producers to adapt to the new MRLs is not reasonable, given that studies conducted 
by EFSA were inconclusive, not based in due risk -analysis and to the detriment of CODEX guidelines.  
1.6.  Additionally, we express our concerns regarding statements made by EU representatives in the 
SPS Committee, who said that countries have had sufficient time to adapt to restrictions imposed 
on pesticides mentioned in document G/SPS/N/EU/264, be cause they already knew that there would 
be a reduction in MRLs since the non -renewal of approval of these substances was communicated G/TBT/W/624  
 
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  to the TBT Committee. Here it 's important to remind that many countries have totally different teams 
of experts dealing s eparately with each Committee.   
1.7.  Finally, Brazil informs that, given the SPS content of this STC we are now analysing, Brazil will 
continue to support the STC raised by Colombia and India in the SPS Committee, concerning the 
adoption, by the European Union,  of MRLs for the same seven substances we are right now discussing 
in the TBT Committee.  
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