G/TBT/W/644  
 
3 July 2019  
(19-4440) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
EUROPEAN UNION - HAZARD-BASED APPROACH T O PLANT PROTECTION P RODUCTS  
AND SETTING OF IMPOR T TOLERANCES  
STATEMENT BY CANAD A TO THE COMMITTEE O N TECHNICAL BARRIERS  TO TRADE  
20 AND 21 JUNE 2019  
The following communication, dated 3 July 2019, is being circulated at the request of the delegation 
of Canada . 
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1.  As stated in this Committee and the WTO SPS Committee several times, Canada remains 
concerned with the trade implications of the EU 's approach with respect to the regula tion of plant 
protection products, which is causing a high degree of uncertainty in the trade of agricultural goods.  
2.  Canada notes that the EU has notified the approval of crop protectant active ingredients to the 
TBT Committee while the setting of MRL 's for these active substances is usually notified to the SPS 
Committee.  
3.  We find it troubling that a growing number of plant protection products are not being renewed in 
the EU, despite the fact that many of them have been assessed and authorized for use in a l arge 
number of countries around the world.  
4.  This serves to unfairly stigmatize food export from Canada and other countries where food 
production is subject to rigorous oversight and utmost consideration for human health and impacts 
the ability of producers in Canada and around the world from accessing important plant protection 
tools that are safe when mitigation measures are put in place.  
5.  We believe that these non -renewals resulting from the EU 's hazard -based approach to the 
regulation of active substances in plant protection products stands to have serious consequences for 
trade, which leads to our concerns.  
6.  It is Canada 's understanding that EU Regulation 396/2005 includes provisions to allow for the 
establishment of an import tolerance based on a full risk  assessment, in the event of an active 
ingredient 's non -renewal.  
7.  We also understand EU Regulation 1107/2009 subsequently established specific hazard -based 
"cut-off" criteria to identify substances with endocrine disrupting (EDC) or carcinogenic, mutagenic , 
or reproductive toxicant  (CMR) properties.  
8.  Given the incongruence between the approaches of these two regulations and the lack of clarity 
on how an import tolerance would be set for an active substance falling under the cut -off criteria, 
there is a signi ficant amount of uncertainty and risk for producers wishing to export to the EU.  
9.  Canada 's view is that, where hazards are identified, due consideration must be given to the 
mitigation measures put in place to eliminate or reduce the potential risks to an a cceptable level. 
From a trade perspective, this is particularly true of import tolerances.  G/TBT/W/644  
 
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  10.  Non-renewal decisions under the hazard -based approach are now translating into real impacts 
on trade.  
11.  With a hazard -based approach being taken for approvals of activ e substances, Canada requests 
confirmation that an import tolerance will be permitted for an active substance falling under the cut -
off criteria when a full risk assessment determines an acceptable residue level.  
12.  Canada also requests clarity on how the EU will implement Regulations 396/2005 and 
1107/2009 in a cohesive way that provides transparency and facilitates trade to allow producers and 
exporters to make business decisions.  
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