G/SPS/GEN/1695  
15 March  2019 
(19-1609) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
EU RESTRICTIONS ON THE USE OF CHLOROTHALONIL (PESTICIDE ACTIVE  SUBSTANCE) 
(G/TBT/N/EU/625) – CONCERNS RAISED  BY COLOMBIA  
COMMUNICATION FROM COLOMBIA  
The following communication, received on 1 3 March  2019, is being circulated at the request of the 
delegation of Colombia . 
 
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1.  On this occasion, w ith the aim of promoting agricultural development and facilitating foreign 
trade with the European Union (EU), we  would like to draw the EU's attention to a subject  of great 
importance for the agricultural sector in Colombia . We would be grateful  if you would take our 
comments into consideration . 
2.  As stated in the Committee on Technical Barriers to Trade  on 6 March  2019, Colombia has a 
trade -related concern regard ing the measure notified by the EU through document G/TBT/N/EU/625 
of 4 December  2018, relating to the non-renewal  of the approval of the active substance 
chlorothalonil , which would affect pesticides containing t his substance . In its notification the EU also 
indicated that, following non-approval, separate action may be taken on maximum residue levels  
(MRLs)  of chlorothalonil . Colombia would point out that chlorothalonil is key to pest control for a 
wide range of crops . Non-renewal of the approval would  especially affect banana exports, since the 
aforementioned  substance  is used for the control of Black Sigatoka, a fungus  known to devastate 
banana crops.  
3.  Our count ry is the fifth largest banana exporter  in the world . In 2017, our  total production 
amounted to 1.87 million  tonnes , with  exports worth USD 850 million. A  total of 80% of exports go 
to the EU, especially Belgium (575,000 tonnes), Italy (270,000 tonnes)  and the United  Kingdom 
(242,000  tonnes) . Colombian bana na producers are a major source of employment and 
development . The banana industry  in the main producing regions of Urab á, Magdalena and Guajira 
account s for 35,000 direct and 100,000 indirect jobs.  
4.  The possible adoption  of this measure  is a source of concern, since the decision  to withdraw 
marketing approval  for the substance is based on a precaution ary principle  in response to concerns 
mainly relating to carcinogenicity  classification and the lack of data on the magnitude and toxicity 
of metabolites.  
5.  As the EU itself has recognized , "residue levels as referred to in point (b) of Article 18(1) of 
Regulation (EC) No 396/2005 could not be confirmed for plant and animal products due to lack of 
data on the magnitude and toxicity of metabolites that are include d in the residue definition for risk 
assessment ". Hence it is clear that no danger or risk has been determined for the metabolites 
concerned . The EU should therefore  request further  information and complete the corresponding risk 
assessment in orde r to be able to take an informed  decision regarding health risks to potential 
consumer s. 
6.  Colombia also consider s that the classification  decision  should be taken by the European 
Chemicals Agency (ECHA) as the competent  EU authority  in this field. Accordingly , ECHA's opinion  
should be made available before Member States are asked to take a decision on the renewal of the 
approval of chlorothalonil.  G/SPS/GEN/1695  
- 2 - 
  7.  In view of the current information  gaps, it is impossible to establish criteria for accept ance or 
rejecti on of the compound . Before imposing a ban, the EU should fill the information gaps and obtain  
a risk assessment  based on  data, not uncertainty . 
8.  In view of the fact that there is insufficient information to establish criteria  for acceptance or 
rejection of the chlorot halonil compound , since its impact  on health is not clearly established  in 
scientific terms , Colombia expresses its concern regarding the measure 's consistency  with the 
provisions of the WTO SPS Agreement . In this regard, Colombia observes that, in line with the basic 
obligations laid down in Article 2.2 of the SPS Agreement , Members must ensure that their measures 
are applied only to the extent necessary to protect human, animal or plant life or health, are based 
on scientific principles and are not maintained without sufficient scientific evidence.  
9.  Furthermore , Colombia would  point out that the banana industry  in Colombia requires a period 
of at least six months to seek an alternative to this active ingredie nt. Thus, the time defined  by the 
EU for withdrawing this active substance (20 days after the publication  of the measure ) is not viable, 
given that there are currently no scientific studies on alternative compounds  that are as effective  as 
chlorothalonil f or pest control and can therefore be possible replacements . In this regard, Colombia 
notes that, under paragraph 2 of Annex B to the SPS Agreement, Members must allow "a reasonable 
interval between the publication of a sanitary or phytosanitary  regulation and its entry into force ". 
This reasonable interval must be at least six months . 
10.  It is important  to mention that  the change in the regulations  would also seriously affect other 
crops which are exported to the EU , such as : plantains  (47,816 tonnes ), cape gooseberries  
(5,863 tonnes ) and cocoa  (1,796 tonnes ) (approximate quantities  exported in 2018). 
11.  Without  chlorothalonil , fruit pest control  would be more difficult  and exports of Colombian 
bananas and other crops to the EU  market would be adversely affected . This in turn would have a 
major social and economic impact in the producing  regions . Indeed, non -renewal  of the approval of 
the active substance chlorothalonil restricts the range of chemical pesticides for use with agricultural  
products . It places tropical agriculture – which is biodiverse in terms of pests, diseases and weeds 
– in a very difficult  situation . Tropical agriculture cannot be compared with agriculture at European 
latitudes . Seasonality alone makes European agriculture significa ntly different from our own  
agricultural reality.  
12.  It is therefore  essential that the EU uses the risk assessment approach in decision -making with 
regard to the application of this measure , as provided for in Article 5.1 of the SPS Agreement, since 
there is insufficient scientific  evidence to determine the various toxicological  aspects that may affect 
human health and the thresholds for safe use of the active substance chlorothalonil are un known.  
13.  In light of the above,  Colombia requests the EU to maintain the registration of chlorothalonil in 
the EU, since it is a vital substance for managing resistance  development  and has been assessed for 
many years as suitable for authorization and use at  the global level . It is important that the measures 
adopted are based on scientific evidence and international standards and also take account of the 
biodiverse agriculture of countries such as Colombia, which cannot be compared with that of 
European lati tudes , where the climatic conditions and seasons are very different . The foregoing is in 
accordance  with the terms  of the SPS Agreement, which provides that any measures established 
must not be more trade -restricti ve than necessary . 
 
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