Latest pesticide non-renewals, withdrawals and restrictions

Update

This report summarises recent EU decisions not to renew or to withdraw approvals for certain pesticide active substances. While these decisions primarily affect EU producers, they will likely be followed by legislation to reduce the maximum residue levels (MRLs) to 0.01 mg/kg or the limit of determination (LOD – the lowest level that can be detected using the most modern and reliable analytical methods). These decisions therefore provide an early indication of upcoming MRL changes, and the likely need to look for alternative solutions on crops for export to the EU.

Background

Pesticide active substances are approved for up to a maximum period of 15 years. Manufacturers may apply for the reapproval of the substance for a period not exceeding 15 years. The EU systematically reviews all active substances.

Substances can be:

• not reapproved: if there is insufficient data to permit reapproval, or because the manufacturer does not seek reapproval
• withdrawn: where specific consumer health or environmental issues are identified, sometimes before the normal expiry date
• restricted: where data supports renewal, but only under new specific conditions of use.

Where an authorisation for an active substance is withdrawn or expires due to non-approval or non-renewal, the European Commission will prepare a draft measure to delete the relevant existing MRLs. In practice, the Commission starts this procedure once all existing authorisations for that active substance have been revoked. MRLs are set either to a default value of 0.01 mg/kg, or to the lowest limit technically possible using current analytical methods. MRLs based on the Codex MRLs (CXLs) are not deleted where there is no risk to EU consumers or no environmental concerns of a global nature. Changes to MRLs that impact trade are always notified to the World Trade Organization (WTO) Sanitary and Phytosanitary (SPS) Committee.

The precise timing of changes to MRLs as a result of the withdrawal or non-approval of active substances is difficult to predict. In its review of pesticide policy, the Commission committed to “enhance communication efforts on the impacts of the PPP Regulation on MRLs as well as the timing of the various procedures to make the EU system more predictable for non-EU countries, including for the cut-off criteria” (European Commission 2020).

Import tolerances can be requested in anticipation of potential changes to MRLs (see Overview table 2009–2020), but applicants must demonstrate the existence of relevant good agricultural practices (GAP) in the country of origin, and the safety of the proposed MRLs. Guidelines are available on the requirements and process for establishing MRLs and import tolerances (European Commission 2021).

What is changing?

The EU systematically reviews the status of all pesticide active substances that are approved for use in the EU. Recent and upcoming changes (including non-renewals and withdrawals of approvals) are summarised in Table 1. To check the expiry or review dates of other pesticide active substances, see the EU Pesticides Database.

Timeline

Expiry dates for the substances concerned are listed in Table 1, after which they can no longer be used in the EU. The European Commission is expected to follow their expiry with proposals to reduce or remove their MRLs, which will affect their use on crops for export to the EU. When these MRL changes are notified to the WTO SPS Committee, details will be provided on the AGRINFO website.

What are the major implications for exporting countries?

Decisions not to renew or to withdraw EU approvals for the use of certain pesticide active substances primarily affects their use in the EU. However, following a non-renewal or withdrawal of approval of a substance, in most cases the EU starts the process of lowering or removing the associated MRLs. These are typically set at 0.01 mg/kg or the LOD. In many circumstances this means that they can no longer be used on crops for export to the EU, and action is needed.

Recommended Actions

In anticipation of changes to the EU MRLs, suppliers using the following substances on crops for export to the EU should start preparing for a reduction in their MRLs: Adoxophyes orana GV strain BV-0001, Bacillus pumilus QST 2808, benthiavalicarb, bispyribac, clofentezine, dimoxystrobin, flubendiamide, ipconazole, isopyrazam, L-ascorbic acid, metiram, oxamyl, paraffin oil, penflufen, phosmet, plant oils/citronella oil, pyridalyl, spinetoram, spirotetramat, sulfoxaflor, triflusulfuron-methyl, Zucchini Yellow Mosaic Virus weak strains.

Export sectors affected should start looking for alternative crop protection solutions, or assess the possible adaptation of GAP for these substances. Exporting countries could also consider requesting EU import tolerances (for guidelines see European Commission 2021).

Resources

European Commission: Overview table 2009–2020.

European Commission (2020) Evaluation of Regulation (EC) No 1107/2009 on the placing of plant protection products on the market and of Regulation (EC) No 396/2005 on maximum residue levels of pesticides.

European Commission (2021) Technical Guidelines: MRL Setting Procedure in Accordance with Article 6 to 11 of Regulation (EC) No 396/2005 and Article 8 of Regulation (EC) No 107/2009.

ITC, UN and WTO: ePing SPS & TBT Platform

Bryant Christie Inc. & Crop Life International: The EU Pesticide Renewal Monitors

Sources

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