G/SPS/GEN/1765  
4 March  2020 
(20-1718) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
SPS COMMITTEE POSITION  
POLICY ON MAXIMUM RESIDUE LEVELS  
MARCH  2020  
COMMUNICATION FROM COLOMBIA AND ECUADOR  
The following communication , received on 3 March  2020, is being circulated at the request of  the 
delega tions of Colombia  and Ecuador . 
 
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1.1.  The co -sponsors wish to express their concern regarding the European Union 's policy  on 
maximum residue l evels (MRLs) that have been notified to the WTO as SPS measures . We wish to 
emphasize that the WTO Agreement on the Application of Sanitary and Phytosanitary Measures 
provides that Members shall ensure that  such measures are not more trade -restrictive than required 
to achieve their appropriate level of protection, taking into account their technical and economic 
feasibi lity. 
1.2.  The co -sponsors recognize the importance of protecting human health and the environment . 
Nevertheless, we believe that regulatory decisions must always be supported by conclusive risk 
assessment s that are based on  criteria established by internationa l standards and that are in 
conformity with the provisions of the SPS Agreement . It is crucial  for WTO Members to adopt a 
case-by-case approach in their  consideration of import tolerances . Although  the European Union  
adheres to  the precautionary principle , risk assessments  must be conclusive and should not be 
underpinned by hazard -based decisions . It should also be emphasized  that science is a pillar for the  
establis hment of an appropriate level of  protection  for consumers . 
1.3.  The co-sponsors call on  the Europea n Union to ensure that its draft MRLs conform to 
international standards . Article 3 of the WTO SPS Agreement provides that in order  to harmonize 
sanitary and phytosanitary measures on as wide a basis as possible,  Members  shall base their 
sanitary and phytosanitary measures  on international standards, guidelines or recommendation s, 
where they exist . We have noted that in various cases, th e Codex establishes  MRLs on the basis of 
scientific studies conducted by the Codex Committee on Pesticide Residues (CCPR) ; it is therefore 
essent ial for the European Union to consider th ose MRLs , especially when  European Food Safety 
Authority ( EFSA) studies are not  conclusive.  
1.4.  We view with concern the  growing  number of European Union notifications on MRLs, and the 
scant regard that the European Union has given to the various comments made by WTO Members . 
Farmers  are currently  trying to produce healthy  foods through access to a range of safe tools and 
technolog ies. However, these tools are increasingly constrain ed by regulatory barrier s that have 
substantial negative impacts on production  and on trade in food and agricultural products with the 
European Union.  
1.5.  The measures applied by the European Union do not take specificities into account and are  
insufficient  for the implementa tion of adequate transition periods . The European policy seeks to  
prohibit the use of critical tools to manage  pests without considering that agricultural production 
varies by regi on and that what works in Europe may not be appropriate in  other climates and regions . 
It is quite complicated to act on the European Union's suggestion to seek alternatives , given the 
limited access to both information on substitute substances and alternative treatments, which, in 
view of the current conditions in the countries concerned, are rather complex.  G/SPS/GEN/1765  
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  1.6.  Therefore, we ask the  European Union to ensure that  the substances which have been notified 
and those to  be notified in the future for reduc ed MRLs are subject to conclusive risk assessments, 
so that import tolerances may be established for active substances that are not  reaut horized in the 
European Union . It is also vital for the  European Union  to study and consider applying  the MRLs 
established by the Codex Alimentari us, thereby making use of international standard s the results  of 
which  are scientifically and technically justified , and to provide  countries with guarantees that the 
measures applied do indeed safeguard human health.  
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