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 19 November 2024, is the statement made by the United States of America at the 13-15 November 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 barriers to trade 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.  Recently the European Union notified WTO notification _G/SPS/N/EU/788 on MRL reductions for dithiocarbamates, including mancozeb. For mancozeb MRLs, the European Union considered Codex Alimentarius for some commodities and proceeded to harmonize with Codex levels, which the United States recognizes and appreciates.

4.  However, the United States requests that the European Union reconsider proposed mancozeb MRL reductions for other products, including walnuts. The United States requests that the MRL for walnuts be maintained at the current EU level and a 36-month transition period be granted to allow for additional information to be considered and an import tolerance application to be assessed. The United States notes that the European Union followed EFSA's recommendation to adopt existing Codex mancozeb maximum residue levels for other tree nuts, including almonds and pecans, which EFSA determined to be safe for consumers.

5.  The United States continues to share concerns regarding the EU's enforcement of MRLs. We continue to ask that the European Union consider 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 a less trade-restrictive manner while still protecting consumers. Specifically, we request that the European Union extend the transition periods for MRLs that the European Union has established without completing a risk assessment that identifies specific risks to consumers.

6.  The United States understands that the European Union has attempted to address concerns about MRL enforcement practices that appeared to favor EU producers by updating its regulations to indicate that EU authorities should enforce compliance based on MRLs "in effect on the date of the placing food or feed on the market in the European Union".

7.  The United States remains concerned that this does not address concerns for imported products, especially those with longer shelf lives. The United States asks the European Union to consider a more trade-facilitating approach to enforcing pesticide MRLs, such as an already established practice of enforcement 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.

8.  The United States also expects the European Union to take WTO Member comments into account prior to finalizing its draft measures. On numerous occasions, 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 and revise draft measures as appropriate.

9.  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 that 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.

10.  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 continue to be 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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