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

Update

The EU has notified to the WTO SPS Committee a proposal (G/SPS/N/EU/653) to set the maximum residue levels (MRLs) for indoxacarb on all products to the limit of determination (LOD, the lowest level that can be detected using the most modern and reliable analytical methods).

Impacted Products

apples, pears, apricots, cherries, peaches, plums, table grapes, wine grapes, blackberries, raspberries, blueberries, currants (black, red and white), gooseberries (green, red and yellow), rose hips, mulberries (black and white), azaroles/ Mediterranean medlars, elderberries, cranberries, bananas, radishes, tomatoes, aubergines/ eggplants, cucumbers, courgettes, gherkins, melons, pumpkins, watermelons, sweet peppers/ bell peppers, broccoli, cauliflowers, Brussels sprouts, head cabbages, Chinese cabbages/pe-tsai, kales, lamb's lettuces/ corn salads, lettuces, escaroles/ broad-leaved endives, cresses and other sprouts and shoots, land cresses, red mustards, Roman rocket/ rucola, baby leaf crops (including brassica species), spinaches, purslanes, chards/ beet leaves, chervil, chives, celery leaves, parsley, sage, rosemary, thyme, laurel/ bay leaves, tarragon, basil and edible flowers, beans (with pods), cardoons, Florence fennels, rhubarbs, celeries, globe artichokes, beans, peas, rapeseeds/ canola seeds, mustard seeds, soya beans, cotton seeds, teas, sugar beet roots, muscle and fat from swine, cattle, sheep, goat, equine and other farmed terrestrial animals, liver, kidney and edible offals from swine, cattle, sheep, goat, equine and other farmed terrestrial animals, milk (cattle, sheep, goat, horse), bird eggs (chicken, duck, geese, quail)

What is changing?

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

Why?

Since 2021, indoxacarb has not been authorised for use in the EU.

EFSA (2018) reviewed the renewal of this active substance, and later (EFSA, 2022) assessed remaining MRLs that were based on import tolerances and Codex MRLs (CXLs). It concluded that, for certain products (cranberries, potatoes, sweetcorn, dry beans, dry peas, peanuts, soyabeans, tea, cottonseed, ruminants, swine and poultry tissues and eggs), MRLs were not expected to pose an unacceptable risk for consumers, and “therefore risk managers could consider maintaining these MRLs”.

On the basis of the 2018 and 2022 EFSA assessments, the European Commission subsequently concluded that risks for consumer health could not be excluded. These MRLs are therefore also set to the LOD.

Timeline

Expected date of adoption: January 2024.

Expected date of entry into force: March 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 World Trade Organization (WTO) can submit comments on the EU proposal by emailing the EU SPS Enquiry Point until 5 September 2023.

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

Background

MRLs are set in accordance with the rules set out in Regulation EC (No) 396/2005. For information on current MRLs for other substances, please consult the EU Pesticide Residues database.

Resources

Sources

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