G/TBT/W/607  
 
22 March 2019  
(19-1782) 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  
6 AND 7  MARCH  2019 
The following communication, dated 21 March 2019 , is being circulated at the request of the 
delegation of the United States . 
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1.  The United States thanks the E uropean Union for the bilateral meeting and would like to continue 
to express ongoing concerns with the EU 's approach to pesticide re gulation, and specifically with the 
December 2018 Draft Commission Implementing Regulation concerning the non -renewal of the 
approval of chlorothalonil .  
2.  Chlorothalonil is a broadly effective fungicide used on many horticultural products in the US, 
most si gnificantly cranberries and almonds.  
3.  Following the EU 's summary removal of MRLs for Chlorothalonil in 2014, the US 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 US cranberry 
industry invested significant resources ge nerating 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.  
4.  The United States was pleased that EFSA acknowledged no consumer risk and in 2016, the  EU 
established an import tolerance harmonized with the US tolerance of 5 mg/kg for cranberries.  
5.  Given that EFSA so recently evaluated this substance and found no risk to consumer health, even 
at a level twice the current import tolerance, we would request  that the EU maintain its current 
standard for residues on cranberries at 5 mg/kg.  
6.  Can the EU confirm that no action will be taken on chlorothalonil MRLs prior to the conclusion of 
a comprehensive risk assessment to support any changes to existing MRLs and  import tolerances?  
7.  The US almond industry has also expressed concern about the loss of chlorothalonil from its pest 
management programs, as producers rely on a robust rotation of fungicides to manage resistance 
and protect against crop damage and unnecess ary food waste .  
8.  The uncertainty created by the nonrenewal of chlorothalonil creates a burden for US growers who 
are making crop protection decisions for their 2019 crops. The uncertainty causes particular 
difficulties for producers of commodities with lon ger shelf lives (e.g., dried fruits, nuts), for which 
there may be significant periods between application, harvest, processing, and distribution.  
9.  More generally, the United States has repeatedly expressed concern that the EU, by focusing on 
data gaps and  adopting hazard -based standards for regulation, may not fulfill its obligation to 
conduct risk assessments. 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 
restrictive timelines involved.  G/TBT/W/607  
 
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  10.  We believe that the EU 's process for approving and establishing residue limits for active 
substances creates unnecessary barriers to trade. We request that the EU establish risk -based 
approaches, which co mport with the principles of non -discrimination, transparency, necessity, and 
predictability.  
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