Page 176 - CW E-Magazine (1-10-2024)

Special Report

the SPS Agreement is a sine qua non Regulation (EC) No. 1107/2009, inclu-  Implement science-based MRL poli-
for determining the MRLs. The Annex ding points 3.6.2, 3.6.4 and 3.6.5 of its cies and avoid politically-driven ones.
A-4 of the SPS Agreement defi nes “risk Annex II.
assessment” as “the evaluation of the It is evident that the politically
potential for adverse effects on human In the EU, the fi nal decision on pesti- imposed pesticide MRL of 0.01 ppm
or animal health arising from the pre- cide MRLs is strangely political is designed to be a non-tariff barrier to
sence of…. contaminants… [including In other WTO Member States, the protect the EU’s own domestic produc-
residues of pesticides] in food, bever- determination and fi nal adoption of tion from outside competition. The EU
ages or feed stuff. The SPS Agreement the pesticide MRLs is strictly a scien- is apparently trying to impose “mir-
requires assessment of the potential tifi c process from the beginning to the ror measures” to ensure that the EU’s
adverse effects on human health ari- end, managed by technically qualifi ed plant protection policies are also applied
sing from the presence of contami- experts, but not in the EU. In the EU, extra-territorially to the imported products.
nants in food as held by the AB in EC- the European Food Safety Authority
Hormones, para 206. (EFSA) gives scientifi c advice to the The primary purpose of the WTO is
EC on matters concerning pesticide to open trade for the benefi t of all Mem-
The EP Resolution is a disguised MRLs in food and feed and makes pro- bers. However, the EU seems to be mov-
restriction on international trade posals regarding the setting of MRLs. ing in the opposite direction. The EP Re-
The basic obligation contained in However, the MRL proposals are solution shows “deliberate disregard” to
Article 2.3 of the SPS Agreement placed before the EP, a political body the binding provisions of the SPS Agree-
requires that SPS measures (including of elected representatives, for a fi nal ment and deviates signifi cantly from the
pesticide MRLs) shall not be applied approval before adoption by the Mem- mandatory requirements set thereunder.
in a manner which would constitute a ber States. The EU is the world’s largest importer
disguised restriction on international of agricultural products, accounting for
trade. Final word one-third of the world’s import. The EU
The WTO agreement prohibits should not abuse its dominant position
The EP Resolution violates Article 27 discrimination against and among im- in any manner to the disadvantage of the
of the Vienna Convention of Law of ported products, requiring that imports non-EU WTO members.
Treaties (VCLT) be accorded “national treatment” and
The provisions of VCLT are applied “most favoured nation” treatment. If the Member States of the EU
in all the WTO settlement cases. want to continue with arbitrary, trade
Under the WTO SPS Agreement, it restrictive, unscientifi c and the WTO
Article 27 of the Vienna Conven- is important for the Members to: inconsistent trade measures with refe-
tion clearly states that a Party [in this  Follow risk-based analysis of pesti- rence to the pesticide MRLs, then they

case EU] cannot invoke the provisions cide residues or Codex standards have only one option. Exit the WTO.
of its internal laws as a justifi cation for while determining the pesticide
its failure to perform its obligations MRLs; About CENTEGRO
under a treaty [in this case the WTO  Avoid arbitrary defi nitions of pesti- The Centre for Environment and

SPS Agreement]. cide residues that differ from the Agriculture (CENTEGRO) is a Mumbai-
one set by Codex; based thinktank. It actively works,
The internal laws invoked by the  Ensure transparency and predicta- among others, on matters that concern

EP are: Regulations (EC) No. 396/2005 bility of pesticide regulations con- agriculture, trade, economy, health, and
and (EC) No. 178/2002, as well as with cerning MRLs; and the environment.

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176 Chemical Weekly October 1, 2024

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