G/TBT/W/671  
 
23 July 2019  
(19-4882) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
EUROPEAN UNION - CHLOROTHALONIL (PESTICI DE ACTIVE SUBSTANCE)  
STATEMENT BY THE UNITED STATES TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
20 AND 21 JUNE 2019  
The following communication, dated 22 July 2019, is being circulated at the request of the delegation 
of the United States . 
 
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1.  The United States remains concerned with the EU's approach to pesticide regulation, and 
specifically with the December 2018 Draft Commission Implement ing Regulation concerning the non -
renewal of the approval of chlorothalonil.  
2.  Chlorothalonil is a broadly effective fungicide used on many horticultural products. As stated in 
the March TBT Committee meeting, following the EU's removal of MRLs for Chloroth alonil in 2014, 
the U.S. cranberry industry suffered significant crop losses due to the loss of this effective crop 
protection tool, without any corresponding food safety benefits. To regain access to this important 
tool the U.S. cranberry industry investe d significant resources generating new data to support an 
import tolerance application for submission to EFSA, to allow for the use of chlorothalonil on 
cranberries destined for export to the EU.  
3.  The United States was pleased that the European Food Safety Authority (EFSA) acknowledged 
no consumer risk and in 2016, the EU established an import tolerance harmonized with the U.S. 
tolerance of 5 mg/kg for cranberries. There continues to be no consumer risk at this residue level.  
4.  The U.S. almond industry has als o expressed concern about the loss of chlorothalonil and other 
substances from its pest management programs, as producers rely on a robust rotation of products 
to manage resistance and protect against unnecessary crop damage and food waste.  
5.  Will the EU ta ke U.S. and other nations' comments into consideration in the final regulation?  
6.  The United States has also repeatedly expressed its concern regarding the process for product 
registration approvals and establishment of MRLs, as well as the overly restrictiv e timelines involved.  
7.  The uncertainty created by the nonrenewal of chlorothalonil creates a burden for U.S. growers 
who may have already made crop protection decisions for their 2019 crops. The uncertainty causes 
particular difficulties for producers of c ommodities with longer shelf lives (e.g., dried fruits, nuts), 
for which there may be significant periods between application, harvest, processing, and distribution.  
8.  More generally, the United States has repeatedly expressed concern that the EU's focus on  data 
gaps and adopting hazard -based standards for regulation, may not fulfill its obligation to conduct 
risk assessments. Many data gaps cited by the EU are not problematic for other scientific 
organizations or regulating bodies that conduct risk assessme nts.  
9.  Can the EU confirm not to take action on chlorothalonil MRLs prior to the conclusion of a 
comprehensive risk assessment to address data gaps and support any changes to existing MRLs and 
import tolerances? While the EU claims the purpose of the nonren ewal of approval was not to amend 
MRLs, its common practice has been to remove MRLs immediately following nonrenewal of approval.  G/TBT/W/671  
 
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  10.  How did the EU determine that the nonrenewal would not be more trade restrictive than 
necessary?  
11.  We believe that the EU's proc ess for approving and establishing residue limits for active 
substances raises significant concerns. We continue to request that the EU establish risk -based 
approaches, which comport with the principles of sound science, non -discrimination, transparency, 
and predictability.  
 
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