Sanitary and Phytosanitary Committee. November 15-17, 2023.

Discussions on
"Specific Trade Concerns"

The World Trade Organization (WTO) is an international organization that oversees the
rules governing trade between nations. One of its crucial functions is to facilitate the flow of
international trade by promoting transparency, predictability, and fairness in trade
practices. Under its regulations are sanitary and phytosanitary (SPS) measures, which aim
to safeguard human, animal and plant health in the context of global trade.
Sanitary measures are designed to protect human and animal health from risks such as
contaminants or foodborne diseases, while phytosanitary measures focus on preserving
plant health against pests and diseases that could endanger crops or ecosystems. These
measures, outlined in the Agreement on the Application of Sanitary and Phytosanitary
Measures (SPS Agreement), are crucial to ensuring the safety of internationally traded
food and agricultural products.
At a recent meeting between September and December 2023, the World Trade
Organization and several countries discussed various concerns related to SPS measures.
Issues such as pesticide residues, pharmaceutical residues and heavy metals were
discussed at length. Countries such as the United States, Argentina, China, Paraguay,
Costa Rica and Ecuador expressed significant concerns and raised questions about the
European Union's (EU) approach to these issues. Specifically, concerns were expressed
about EU regulations and standards for dealing with these issues that have implications for
trade relations and market access. This meeting underscores the ongoing dialogue and
negotiation among WTO members to ensure that SPS measures are science-based,
proportionate and conducive to fair and open international trade.
The WTO plays a role in resolving disputes related to sanitary and phytosanitary measures
that arose during the meeting. If there are disagreements between countries on the
interpretation or application of sanitary and phytosanitary standards, the WTO provides a
dispute settlement mechanism through its Dispute Settlement System.
 TOPIC COMMENTS

The dispute between China and the European

EU notifications of matrine and oxymatrine in
honey (ID 546)
Union (EU) over the resumption of normal trade in
robinia honey centers on the presence of matrine
and oxymatrine in Chinese honey. China argues
that these compounds come naturally from the
nectar of the Sephora vicifolia plant. China claims
that there is no evidence that these compounds are
a food safety risk.
On the other hand, the EU notes that matrine and
oxymatrine are not approved as pesticides in the
EU, and the European Food Safety Authority
(EFSA) has not evaluated these substances or
established reference values for their health.
Therefore, a default Maximum Residue Limit (MRL)
of 0.01 mg/kg applies for both substances.

EU MRLS FOR ALPHA-CYPERMETHRIN, At the meeting, the United States reaffirmed the
BUPROFEZIN, CHLOROTHALONIL, importance of SPS measures being science-based,
CHLORPYRIFOS, CHLORPYRIFOS-METHYL, applied to ensure an appropriate level of protection,
DIFLUBENZURON, ETHOXYSULFURON, and implemented in a manner that is as least trade-
GLUFOSINATE, IMAZALIL, IOXYNIL, restrictive as possible. They were concerned about
IPRODIONE, MANCOZEB, MOLINATE, recent reductions in EU Maximum Residue Limits
PICOXYSTROBIN AND TEPRALOXYDIM (ID 448 (MRLs), which appeared excessive and
- SEE ALSO RELATED STCS ID 453, 454, 457, discriminated against imported products.
474, 475, 517)
Costa Rica expressed concern about the impact of
MRL reductions on its production system, especially
in tropical climates where these substances are
necessary and have no short-term substitutes.
Argentina stressed the importance of science-
based measures and urged the EU to adopt a risk-
based approach, in line with Codex.
Ecuador called on the EU to adhere to Codex
standards and not to base its measures on
inconclusive risk assessments.
For its part, the EU stressed its commitment to food
safety and transparency in its measures. They
confirmed that the renewal of glyphosate would be
carried out for a period of 10 years, subject to new
conditions and restrictions, in the absence of a
qualified majority in the Appellate Committee vote.

EUROPEAN UNION - EU COMMISSION China explained that it strictly complies with residue
DECISION 2002/994/EC ON ANIMAL PRODUCTS monitoring plans for animal products to meet EU
(ID 442) requirements. They requested the EU to re-
 evaluate the requirements set out in Commission
Decision 2002/994/EC by cancelling the
requirement for chemical testing in China and
additional certification for each batch of animal
products for human consumption prior to shipment,
given the diversification of the export trade mode.
The European Union, mindful of the request for
rationalization of import requirements under
Decision 2002/994/EC, stressed that exports of the
affected products are allowed with additional
guarantees to ensure safety. The group of affected
products has been reduced since its adoption in
2002, in response to China's progress on residue
controls.

EU LEGISLATION ON ENDOCRINE Paraguay was of the opinion that EU Member

DISRUPTORS (ID 382) States did not base their decisions on the EFSA
recommendation or on the MRLs established by
Codex.
Uruguay reiterated its trade and systemic concerns
regarding the adoption and implementation by the
EU of a hazard-based approach for products with
potential endocrine disrupting properties.
The European Union was of the opinion that its
transparent approach allowed Members to be
aware of the EU decision-making process, and
highlighted that the European Union represented
EU Member States in the SPS Committee

EU COMMISSION PROPOSAL FOR REDUCTION
OF THE CURRENT MRL FOR "NICOTINE" FOR
IMPORTED TEA FROM INDIA (G/SPS/N/EU/581)
(ID 550)
India expressed concern regarding the European
Union's proposal to decrease the Maximum
Residue Limit (MRL) for nicotine in tea from 0.6
mg/kg to 0.5 mg/kg. India argued that nicotine
found in tea plants was not derived from external
sources and was metabolized differently from
nicotine in cigarettes.
The European Union informed members that the
European Food Safety Authority (EFSA) had
conducted a revised acute dietary risk assessment
of nicotine in tea, excluding contentious
consumption data.

EU REVIEW OF LEGISLATION ON VETERINARY The United States reiterated concerns regarding

MEDICINAL PRODUCTS (ID 446) the implementation of Article 118 of Regulation (EU)
2019/6 and urged the European Union to consider
alternative regulatory approaches from third-country

EU IMPORT TOLERANCES FOR CERTAIN
PESTICIDES TO ACHIEVE ENVIRONMENTAL
OUTCOMES IN THIRD COUNTRIES (ID 534)
EU CLASSIFICATION OF 'ANTHRAQUINONE'
AS A PESTICIDE AND THE MRL FOR
IMPORTED TEA (ID 518)
systems that meet the EU's level of protection.
They noted that the measure unnecessarily limited
access to animal production practices necessary
and appropriate for farmers and producers within
their own countries, without posing risks to food
safety.
Referring to previous interventions, Paraguay
requested responses from the European Union
regarding issues raised in their latest bilateral
meeting concerning the list of authorized third
countries, certification, and the implementation
timeline of the measure, among other matters.
The European Union provided updated information
on the legal act amending export certificate models,
including a new certificate pending adoption by the
European Commission before publication in the
Official Journal.
Australia emphasized the goal of establishing
Maximum Residue Limits (MRLs) to ensure food
safety and facilitate trade, asserting that MRLs
were not an appropriate or effective tool to pursue
environmental outcomes.
The United States reiterated concern about the
EU's application of its national environmental
policies to food and agricultural products imported
from third countries. They emphasized the need for
diverse approaches in different regions and
highlighted the unclear link between the stated
objective of protecting global pollinator health and
the EU's requirement for imported food and
agricultural products to comply with reduced MRLs
of clothianidin and thiamethoxam.
The European Union provided a joint response
under STC ID 549.
India reiterated its concern regarding the
classification of anthraquinone as a pesticide and
the EU's establishment of an MRL of 0.02 mg/kg for
tea. Anthraquinone was not registered in India, and
there was neither a standard under the Food Safety
and Standards Act of 2011 nor a Codex MRL for
anthraquinone in tea.
The European Union stated that there had been no
new elements related to the active substance since
it was first discussed and referred to its statement

EU RESTRICTIONS ON EXPORTS OF
CHOCOLATE AND COCOA PRODUCTS DUE TO
THE APPLICATION OF THE COMMISSION
REGULATION (EU) NO 488/2014 OF 12 MAY
2014 AMENDING REGULATION (EC) NO
1881/2006 AS REGARDS MAXIMUM LEVELS OF
CADMIUM IN FOODSTUFF (ID 503)
EU INCREASED SAMPLING FREQUENCY FOR
INSPECTION OF FARMED SHRIMPS AND
NEWLY LISTED FISHERY ESTABLISHMENTS
NOT PERMITTED TO EXPORT AQUACULTURE
PRODUCTS (ID 552)
EU RESTRICTIONS ON SPICE IMPORTS AND
OTHER FOOD PRODUCTS DUE TO EUROPEAN
COMMISSION IMPLEMENTING REGULATION
(EU) 2021/2246 OF 15 DECEMBER 2021 (ID 533)
in eAgenda. The EU reiterated its willingness to
provide technical assistance to interested members
on laboratory methods and expressed readiness to
provide India with any required information
Peru reiterated its concern regarding Regulation
(EU) No 488/2014, which establishes maximum
levels (MLs) of cadmium in chocolate and other
cocoa products that, in practice, affect the trade of
cocoa beans and cocoa powder.
Colombia stated that the Regulation also affected
other products such as avocado and asparagus.
In particular, the EU had granted an exceptionally
long transitional period for cocoa and chocolate
products, postponing implementation until January
2019, and had established MLs for finished
products, which did not apply to cocoa beans or
other cocoa intermediates.
India requested the European Union to establish
sampling equivalence with other supplying
countries; to include the 36 new aquaculture
establishments on the list and reinstate the eight
establishments removed for which applications had
been submitted in TRACES; and to reduce the
sampling frequency of aquaculture batches.
The European Union confirmed the publication of
the final report of the latest audit, along with India's
action plan to address the four recommendations
outlined in the draft report.
India expressed its opinion that the EU's MRLs of
0.02 mg/kg for chili and ginger, and 0.1 mg/kg for
other spices, set for ethylene oxide (EtO) and its
metabolite 2-chloroethanol or ethylene chlorohydrin
(ECH) together, were risk-based, lacked sufficient
scientific basis, and were stricter than limits in other
countries. Noting that consumption patterns for chili
and ginger were not different from those for other
spices, India urged the European Union to provide
risk assessment and scientific evidence for setting
higher EtO MRLs for chili and ginger or to
harmonize MRLs for all spices at 0.1 mg/kg.
The European Union informed that the results of
official controls at border control posts during the
second half of 2023 and other relevant information

EUROPEAN UNION - EU PHYTOSANITARY
MEASURES ON CITRUS BLACK SPOT (ID 356)
EU REGULATION NO 396/2005 SETTING
PESTICIDE MRLS IN FOOD AND FEED OF
PLANT AND ANIMAL ORIGIN (ID 549)
would be analyzed starting from January 2024 for
the next periodic review of Regulation (EU)
2019/1793, as a basis for possible adjustments.
Regarding the re-dispatch of rejected
consignments, the European Union informed the
Committee that entry of a consignment was
rejected when a breach was found.
South Africa argued that the EU measures were
technically unjustified, as it disagreed with the claim
that viable citrus black spot (CBS) spores could
follow the path and processes of the citrus fresh
value chain of imported citrus fruit and transmit the
disease to a citrus plant. Acknowledging that spores
or traces of DNA from the spores could be present
on the fruit, South Africa clarified that it was highly
unlikely for the spores to remain viable after the
normal processing undergone by the products.
The European Union informed the Committee that
CBS was considered a quarantine pest, prioritized
and of potential economic impact. Eager to
maintain its CBS-free status and concerned about
the high number of non-compliances detected, the
European Union urged South Africa to take specific
measures to meet EU CBS requirements.
India reiterated its concern about the EU's use of
MRLs as a tool to pursue environmental outcomes
in third countries. India noted that the EU had not
shared information on risk assessments and
scientific studies supporting the establishment of
EU MRLs for clothianidin and thiamethoxam and
the correlation of this measure with risk to
pollinators.
The European Union believed that ongoing
discussions reflected the importance of the SPS
Committee in the transition to sustainable food
systems. The EU considers environmental aspects
when setting MRLs for substances no longer
approved in its territory due to global environmental
concerns, reviewing active substances on a case-
by-case basis.
WTO member countries share concerns regarding EU regulations, questioning their
compatibility with established WTO principles, such as scientific evidence, economic
impact, and adherence to international standards. This tension arises from the balance
between protecting public health and the environment and facilitating international trade in
agricultural products.

1.- Compatibility with WTO principles

 Countries argue that EU regulations are overly restrictive, impeding free trade by
imposing unnecessary barriers on imports. They question compliance with the
Sanitary and Phytosanitary Measures (SPS) Agreement.
 The EU justifies its stringent regulations to safeguard animal, human, and
environmental health, citing scientific evidence and adherence to transparent
application of standards.

2.- Scientific Evidence

 India and the United States demand scientific backing for EU regulations on
Maximum Residue Limits for pesticides and other products.
 The EU reaffirms its reliance on robust scientific evidence and emphasizes
transparency and international cooperation.

3.- Economic Impact

 Concerns exist over the economic consequences of EU regulations, particularly for
less developed countries reliant on international trade.
 The EU pledges assistance to improve sanitary and phytosanitary capabilities in
affected countries to mitigate adverse economic effects.

4.-Consistency with International Standards

 Questions arise regarding whether EU regulations align with international standards
like the Codex Alimentarius.
 The EU asserts alignment with the Codex Alimentarius and commits to transparent
collaboration to address concerns and enhance harmonization with Codex and
other international standards.
In conclusion, while concerns persist regarding the perceived incompatibility, lack of
scientific evidence, economic repercussions, and consistency with international
standards of EU regulations, the EU defends its measures as crucial for public health
and environmental protection. It offers technical support and pledges collaborative
efforts to address raised concerns.