Draft Commission Regulation amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for thiacloprid in or on certain products

Update

EU has notified to the WTO SPS Committee (G/SPS/N/EU/651) a proposed change to set the MRL for thiacloprid to the limit of determination (LOD, the lowest level that can be detected using the most modern and reliable analytical methods) on all products, except on products for which import tolerances or CODEX MRLs (CXLs) are considered safe for consumers.

Impacted Products

Apples, pears, peaches, figs, table olives, beetroots, carrots, celeriacs/turnip rooted celeries, horseradishes, Jerusalem artichokes, parsnips, parsley roots/Hamburg roots parsley, salsifies, radishes, spring onions/green onions and Welsh onions, sweet peppers/bell peppers, cucumbers, courgettes, gherkins, broccoli, cauliflowers, Brussels sprouts, head cabbages, Chinese cabbages/pe-tsai, kales, kohlrabies, lamb's lettuces/corn salads, lettuces, escaroles/broad-leaved endives, land cresses, Roman rocket/rucola, baby leaf crops (including brassica), spinaches, chards/beet leaves, chervil, chives, celery leaves, parsley, sage, rosemary, thyme, basil and edible flowers, laurel/bay leaves, tarragon, beans (with pods), peas (with and without pods), celeries, Florence fennels, leeks, rhubarbs, legumes (beans and peas), poppy seeds, borage seeds, rapeseeds/canola seeds, mustard seeds, cotton seeds, olives for oil production, barley, oat, rye, leaves and herbs (strawberry, rooibos, mate/maté), roots (valerian, ginseng), anise/aniseed, black caraway/black cumin, celery, coriander, cumin, dill, fennel, fenugreek, nutmeg, sugar beet roots, chicory roots, fat (bovine, sheep, goat, equine, other farmed terrestrial animals), honey and other apiculture products

What is changing?

The EU proposes to amend the MRLs for thiacloprid as summarised in Table 1.

Why?

The approval for thiacloprid has not been renewed due to its toxicity and the risk of groundwater contamination. Therefore thiacloprid is no longer authorised in the EU and all MRLs should be set to the LOD.

Import tolerances or CXLs are maintained for some products where EFSA (2023) has concluded they present no health risks for the consumer.

Timeline

Expected date of adoption: 11 January 2024.

Expected date of publication: 11 February 2024.

The new MRLs will apply from approximately August 2024 – the precise date will be known once the Regulation is published.

Recommended Actions

Competent authorities of countries that are members of the WTO can submit comments on the EU proposal by emailing the EU SPS Enquiry Point until 4 September 2023.

Exporters of affected products should review their current use of thiacloprid and evaluate possible alternative solutions in anticipation of future MRL changes.

Background

MRLs are set in accordance with the rules set out in Regulation 396/2005. For information on current MRLs for other substances, please consult the EU Pesticide Residues database.

Resources

Sources

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