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 (Z)-13-hexadecen-11-yn-1-yl acetate, (Z,Z,Z,Z)-7,13,16,19-docosatetraen-1-yl isoburyrate, acrinathrin, azimsulfuron, famoxadone, methyl nonyl ketone, prochloraz and sodium hypochlorite in or on certain products

Draft Annex with MRL changes

Update

On 13 June 2023, the European Commission notified the World Trade Organization (WTO) of a draft Regulation to reduce the maximum residue levels (MRLs) for prochloraz (G/SPS/N/EU/642). The MRLs will be reduced to the limit of determination (LOD, the lowest level that can be detected using the most modern and reliable analytical methods), ranging from 0.03 to 0.15 mg/kg. There are implications for exporters of fruits, fungi, oilseeds, cereals and animal products.

Impacted Products

kumquats, litchis/ lychees, passion fruits/ maracujas, prickly pears/ cactus fruits, star apples/ cainitos, American persimmons/ Virginia kaki, avocados, papayas, granate apples/ pomegranates, cherimoyas, guavas, breadfruits, durians, soursops/ guanabanas, cultivated fungi, linseeds, poppy seeds, sunflower seeds, rapeseeds/ canola seeds, rye, wheat, swine liver, swine kidney, bovine/ equine fat, bovine/ equine liver, bovine/ equine kidney, sheep/ goat fat, sheep/ goat liver, sheep/ goat kidney, poultry liver, bird eggs

What is changing?

The Commission proposes to reduce the MRLs for prochloraz as summarised in Table 1.

Why?

Since 31 December 2021, prochloraz is no longer permitted for use in the EU.

When EFSA (2018) reviewed the MRLs for prochloraz, it changed its residue definition to “the sum of prochloraz, BTS 44595 (M201-04) and BTS 44596 (M201-03), expressed as prochloraz”. This is different from the residue definition set by Codex Alimentarius, on which the Codex MRLs (CXLs) are based. This new definition meant that additional data was needed. The additional data was requested by 13 February 2022, but was not submitted. Because a risk to consumers cannot be excluded, the Commission proposes to delete all MRLs for prochloraz.

Timeline

The Commission estimates that the new MRLs will apply from September 2024.

Recommended Actions

Competent authorities of non-EU countries that are WTO members may comment on the EU proposal by emailing the EU SPS Enquiry Point until 12 August 2023.

Suppliers to the EU market of fruit, cultivated fungi, oilseeds, rye, wheat and animal products should review their current use of prochloraz on these products and evaluate possible alternative solutions by September 2024.

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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