Maximum residue levels for thiacloprid

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 thiacloprid in or on certain products

Update

The European Commission has notified the World Trade Organisation Sanitary and Phytosanitary (WTO SPS) Committee that it proposed to set the maximum residue levels (MRLs) for thiacloprid to the limit of determination (LOD) for all products (G/SPS/N/EU/763). The LOD is the lowest level that can be detected using the most modern and reliable analytical methods. These proposed MRLs follow the European Parliament’s rejection of a previous Commission proposal (G/SPS/N/EU/651).

In February 2024, France introduced a national law banning placement on the French market of fruit and vegetables containing thiacloprid at levels over the LOD of 0.01 mg/kg (République Française 2024), including products for which there is an EU MRL above the LOD. This national regulation will be lifted once the new EU Regulation is adopted, or after one year, whichever comes first.

Impacted Products

Apples, pears, quinces, medlars, loquats/ Japanese medlars, apricots, cherries, peaches, plums, strawberries, blackberries, dewberries, blueberries, cranberries, currants, gooseberries, rose hips, mulberries, azaroles, elderberries, raspberries, figs, table olives, kiwi fruits, papayas, potatoes, beetroots, carrots, celeriacs/ turnip rooted celeries, horseradishes, Jerusalem artichokes, parsnips, parsley roots/ Hamburg root parsley, salsifies, radishes, spring onions/ green onions, Welsh onions, tomatoes, sweet peppers/ bell peppers, aubergines/ eggplants, cucumbers, courgettes, gherkins, melons, watermelons, 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 brassicas), 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, beans, peas, poppy seeds, borage seeds, rapeseeds/ canola seeds, mustard seeds, cotton seeds, olives for oil production, barley, oat, rice, rye, wheat, teas, leaves and herbs (strawberry, rooibos, maté), roots (valerian, ginseng), aniseed, black caraway/ black cumin, celery, coriander, cumin, dill, fennel, fenugreek, nutmeg, sugar beet roots, chicory roots, muscle (pigs, cattle, sheep, goats, horses, other farmed terrestrial animals), fat (cattle, sheep, goats, horses, other farmed terrestrial animals), liver, kidney and edible offals (pigs, cattle, sheep, goats, horses, other farmed terrestrial animals), muscle, liver and edible offals (poultry), milk (cattle, sheep, goats, horses), honey and other apiculture products

What is changing?

The European Commission has proposed a new draft Regulation amending the MRLs for thiacloprid to the LOD for all products. This follows the European Parliament’s request that the Commission withdraw its first proposal and introduce a new one that reduces all MRLs to the LOD of 0.01 mg/kg (including cucumber, courgette, rapeseeds, canola seeds, and mustard seeds, for which the Commission had proposed maintaining an import tolerance MRL).

The proposed changes to EU MRLs for thiacloprid are shown in Table 1.

Why?

The approval of thiacloprid for use in the EU was not renewed due to its toxicity and the risk of groundwater contamination. The Commission originally proposed that all MRLs for thiacloprid should be set to the LOD except where EFSA (2023) has concluded there are no health risks for consumers. In these cases (cucumber, courgette, rapeseeds, canola seeds, and mustard seeds), the Commission proposed maintaining import tolerances or Codex maximum residue levels (CXLs).

However, EFSA’s risk assessment was carried out before the most recent EU criteria on endocrine disruptors were adopted. The Commission considers there are reasonable grounds for concern about the potential endocrine-related effects of thiacloprid, and proposes to provisionally lower the MRLs based on import tolerances until EFSA has completed an additional assessment of those effects.

Timeline

Expected date of publication: December 2024.

The new MRLs are expected to apply from mid-2025. In France, MRLs for fruit and vegetables at the LOD have applied from 25 February 2024.

Recommended Actions

Competent authorities of countries that are members of the WTO can submit comments on the EU’s proposal by emailing the EU SPS Enquiry Point until 7 July 2024.

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

Suppliers of fruit and vegetables to the French market must ensure that their products do not contain traces of thiacloprid above the limit of quantification (in most cases 0.01 mg/kg).

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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Regulation

Draft Commission Regulation as regards maximum residue levels for thiacloprid in or on certain products

What is changing and why?

The European Commission has proposed a new draft Regulation amending the maximum residue levels (MRLs) for thiacloprid to the limit of determination (LOD) for all products. The LOD is the lowest level that can be detected using the most modern and reliable analytical methods.

The changes are due to concerns about risks to public health.

The proposed changes to EU MRLs for thiacloprid are shown in Table 1.

In February 2024, France introduced a national law banning placement on the French market of fruit and vegetables containing thiacloprid at levels over the LOD of 0.01 mg/kg (République Française 2024). This national regulation will be lifted once the new EU Regulation is adopted, or after one year, whichever comes first.

Actions

Competent authorities of countries that are members of the World Trade Organization (WTO) can submit comments on the EU’s proposal by emailing the EU SPS Enquiry Point until 7 July 2024.

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

Suppliers of fruit and vegetables to the French market must ensure that their products do not contain traces of thiacloprid above 0.01 mg/kg.

Timeline

Expected date of publication: December 2024.

The new MRLs are expected to apply from mid-2025. In France, MRLs for fruit and vegetables at the LOD have applied from 25 February 2024.

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