Maximum residue levels for benomyl

Draft Commission Regulation amending Annexes II, III and V to Regulation (EC) No. 396/2005 of the European Parliament and of the Council as regards maximum residue levels for benomyl, carbendazim and thiophanate‐methyl in or on certain products

Annex V

Update

In the EU, benomyl is currently included within the definition of carbendazim (“sum of benomyl and carbendazim expressed as carbendazim”). Products that comply with carbendazim maximum residue levels (MRLs) are therefore considered compliant regarding benomyl. The European Commission has informed the World Trade Organization Sanitary and Phytosanitary Measures (WTO SPS) Committee of its intention to set separate MRLs for benomyl at the default level of 0.01 mg/kg on all products, or 0.05 mg/kg where testing to 0.01 mg/kg is not technically possible (G/SPS/N/EU/696).

Impacted Products

Citrus fruits, grapefruits, oranges, lemons, limes, mandarins, pome fruits, apples, pears, quinces, medlars, loquats/ Japanese medlars, stone fruits, apricots, peaches, cherries, plums, tables grapes, wine grapes, strawberries, blackberries, dewberries, raspberries, blueberries, cranberries, currants, gooseberries, rose hips, mulberries, azaroles, elderberries, tree nuts, almonds, Brazil nuts, cashew nuts, chestnuts, coconuts, hazelnuts/ cobnuts, macadamias, pecans, pine nut kernels, pistachios, walnuts, garlic, onions, shallots, tomatoes, sweet peppers/bell peppers, aubergines/ eggplants, okra, cucurbits, brassica vegetables, broccoli, cauliflowers, head cabbages, Chinese cabbages, kales, Brussels sprouts, beans (with pods), peas (with pods), beans (without pods), peas (without pods), lentils, cultivated fungi, wild fungi, mosses and lichens, oilseeds, linseeds, peanuts/ groundnuts, poppy seeds, sesame seeds, sunflower seeds, rapeseeds/ canola seeds, mustard seeds, cotton seeds, pumpkin seeds, safflower seeds, borage seeds, gold of pleasure seeds, hemp seeds, castor beans, soyabeans, barley, oat, rye, wheat, commodities from swine, bovine, sheep, goat, equine, poultry and other farmed terrestrial mammals, milk (cattle, sheep, goat, horse), bird eggs, honey, amphibians and reptiles, teas, coffees, herbal infusions, cocoa, carobs

What is changing?

Benomyl is currently included within the definition of carbendazim. The MRLs for benomyl are therefore currently the same as those for carbendazim. The Commission now proposes to set specific separate MRLs for benomyl. These will be set at the default level of 0.01 mg/kg for all products (except for teas, coffee, herbal infusions, cocoa, carobs, hops, spices, and honey, for which an MRL of 0.05 mg/kg will apply). The changes compared to today’s carbendazim MRLs are set out in Table 1.

Why?

The European Food Safety Authority (EFSA) suggested establishing separate MRLs for benomyl and carbendazim (EFSA 2023). Benomyl is not approved as an active substance for plant protection products in the EU. Therefore no EU toxicological reference values for benomyl are available, making it challenging to assess the safety of MRLs for this substance. As benomyl lacks authorisation for use in the EU, and no import tolerances or Codex maximum residue limits (CXLs) exist, the Commission considers that the default MRL of 0.01 mg/kg should be applied (or the LOD of 0.05 mg/kg where 0.01 mg/kg cannot be achieved analytically).

Timeline

Expected date of publication: July 2024.

The new MRLs are expected to apply from early 2025.

Recommended Actions

Suppliers of affected products should review their current use of benomyl and look for possible alternative solutions in anticipation of these MRL changes.

Private and public laboratories should adjust their analysis of carbendazim to ensure that analytical results reflect both carbendazim and benomyl analyses separately.

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 Regulation as regards maximum residue levels for benomyl, carbendazim and thiophanate‐methyl in or on certain products

Annex V

What is changing and why?

Today, benomyl falls under the definition of carbendazim. The EU now proposes to set separate MRLs for benomyl for all products at the default MRL of 0.01 (or 0.05 mg/kg where 0.01 is not technically possible). This is because benomyl is not authorised for use in the EU, and because there are no import tolerances or Codex maximum residue limits (CXLs) for benomyl.

Actions

Exporters of affected products should review their current use of benomyl and look for possible alternative solutions in anticipation of these MRL changes.

Timeline

Expected date of publication: July 2024.

The new MRLs are expected to apply from early 2025.

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