   
  
G/SPS/GEN/1980  
 
11 November  2021 
(21-8556) Page: 1/1 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
THE EUROPEAN UNION 'S REGULATORY APPROACH TO MAXIMUM LEVELS  
FOR CONTAMINANTS – SPECIFIC TRADE CONCERN 519  
SUBMISSION BY THE UNITED STATES  OF AMERICA  
The following submission, received on 8 November  2021, is the statement made by the United States 
of America at the 3-5 November  2021 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 appreciates Canada for raising this issue and welcomes the opportunity to 
share our concerns on the EU maximum levels, or MLs, for contaminants in foodstuffs, in 
EC regulation 2021/1399, which amends EC regulation 1881/2006.  
2.  Specifically, the United States is concerned that the MLs for ergot appear to be unnecessarily 
trade restrictive and lack a scientific justification.  
3.  The United States understands that the European Union will enforce sampling as provided for in 
EC 401/2006; however, this measure does not currently identify sampling provisions and analytical 
performance criteria for ergot sclerotia or ergot alkaloids, and the United States has questions about 
which sampling and testing provisions will be used.  
4.  Considering these questions and the concerns raised by other Members, the United States 
requests that the European Union delay the adoption of this measure and undertake a more robust 
risk assessment based on sound science.  
 
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