European Union MRLS AND PESTICIDE POLICIES
– SPECIFIC TRADE CONCERN 448:
EU MRLS FOR ALPHA-CYPERMETHRIN, BUPROFEZIN, CHLOROTHALONIL, CHLORPYRIFOS,
CHLORPYRIFOS-METHYL, CYPERMETHRIN,
DIFLUBENZURON, ETHOXYSULFURON, GLUFOSINATE,
IMAZALIL, IOXYNIL, IPRODIONE, mancozeb,
MOLINATE, PICOXYSTROBIN
AND TEPRALOXYDIM
SUBMISSION BY THE UNITED STATES of america
The following submission, received on
28 June 2024, is the statement made by the United States of America at the
26-28 June 2024 WTO SPS Committee, and is being circulated at the request of
the Delegation of the United States of America.
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1. The
United States, along with other Members raising this STC, reiterates our deep
concern with the European Union's pesticide approval and renewal decisions and
the systemic trade barriers that result from the subsequent withdrawal or
reduction of pesticide maximum residue levels, or MRLs, to the limit of
quantification (LOQ) or the lower limit of determination (LOD) based on
uncertainty and insufficient scientific evidence.
2. In
general, the United States is concerned about the approach followed by the
European Union to reduce MRLs without completing a full risk assessment or
conclusive scientific evidence that justify the established levels, and we
reiterate our request that the European Union align with Codex MRLs when EFSA
is unable to finalize a risk assessment.
3. The
United States is concerned that the European Union continues to reduce MRLs to
levels below the default LOD of 0.01ppm as seen in notification _G/SPS/N/EU/702.
Cypermethrin MRLs were lowered to levels as low as 0.005ppm in various fresh
and frozen vegetable products, and we continue to be concerned with
unnecessary negative effects on agricultural trade and trade disruptions due,
in part, to inaccurate residue analytical results, cross-contamination, or
other factors outside of the control of producers or exporters.
4. The
United States continues to share concerns regarding the European Union's
enforcement of MRLs. We continue to ask that the European Union consider
alternate and more flexible approaches to the enforcement of changes to MRLs. A
more flexible approach can support our shared goals of enhancing global food
security in the least trade-restrictive manner possible while still protecting
consumers. We request the European Union extend the transition periods for MRLs
where the European Union has not identified risks to consumers based on dietary
exposure from completed risk assessments.
5. The
United States, along with many third country producers, have expressed the need
for lawfully produced food products to have sufficient time to move through the
channels of trade before they are subject to the enforcement of standards
established after their production. This is particularly important
for products with long shelf lives. The EU's policy of enforcing MRLs at the
time products are placed on the market instead of when products were produced
appears to unnecessary restrict trade in safe agricultural products.
6. The
United States requests that MRLs for all products, both domestic and imported,
be enforced based on the MRLs in place at the date of application of the
pesticide. This would provide greater flexibility to agricultural producers
without creating additional risks for consumers.
7. Consistent
with the SPS Agreement, the United States also expects the European Union to
take WTO Member comments into account prior to finalizing its draft measures.
The United States has observed that the period of time between the WTO comment
submission period and European Commission voting on draft regulations on
active substance renewals and MRLs appear to be too brief to allow the
Commission to adequately consider Members' comments.
8. Lastly,
we ask the European Union to retain existing MRL levels while import tolerances
are under consideration. The case-by-case approach used by the European Union
to establish import tolerances, including the requirement the import tolerance
requests meet certain "environmental criteria", leads to a lack of
predictability and unnecessarily increases uncertainty for farmers globally
while limiting farmers' ability to protect crops from pests and diseases.
9. During
these times of increasing global food insecurity and unexpected global challenges
related to changes in climate and disease, we urge the European Union to
recognize that its regulatory approaches for pesticides are out of step with
those of nearly every other Member of the WTO and to carefully consider the
concerns that have been raised for years by many WTO Members.
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