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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