Maximum residue levels for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen

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

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

Update

Two draft Regulations proposed by the European Commission, on maximum residue levels (MRLs) for benomyl, carbendazim, thiophanate-methyl, cyproconazole and spirodiclofen, have been rejected by the European Parliament.

The Commission had proposed to reduce the MRLs for these substances on a wide range of products to the limit of determination (LOD, the lowest level that can be detected using the most modern and reliable analytical methods), and to maintain existing MRLs for products where the European Food Safety Authority (EFSA) has concluded that existing import tolerances are safe for consumers. However, the European Parliament has objected to the setting of import tolerance MRLs.

The Parliament has requested the Commission to withdraw its draft Regulations and present new ones, setting the MRLs for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen at the LOD for all products.

What is changing?

The European Commission proposed to reduce the MRLs for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen for many products based on an EFSA risk assessment, but to maintain certain MRLs based on uses outside the EU.

For details of these proposals, see the AGRINFO records on MRLs for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen.

On 18 September 2024, the European Parliament rejected the Commission’s draft Regulations. The Parliament has requested new draft Regulations reducing the MRLs for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen for all products to the LOD. This prevents the Commission from adopting the draft Regulations.

Why?

Benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen are no longer authorised in the EU as there were no applications for reapproval. Where substances are not reapproved, MRLs are set to the LOD, except on those products for which an MRL is based on uses outside the EU that are considered safe in a risk assessment carried out by EFSA.

The Commission’s proposals were notified to the World Trade Organization Sanitary and Phytosanitary Measures (WTO SPS) Committee (G/SPS/N/EU/696 and G/SPS/N/EU/713).

In its resolutions rejecting the Commission proposal (European Parliament 2024a, 2024b), the European Parliament points to the public health risks associated with these substances: carbendazim and thiophanate-methyl are classified as mutagenic and toxic to reproduction (category 1B); cyproconazole is classified as toxic for reproduction (category 1B) and is potentially endocrine disrupting.

The Parliament also argues that import tolerances allowing pesticide residues on imported foods for pesticides that are banned within the EU place EU farmers at a competitive disadvantage.

Timeline

The European Parliament’s objection prevents the Commission from adopting the proposed draft Regulation, which means that the existing MRLs continue to apply.

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 benomyl, carbendazim and thiophanate-methyl in or on certain products

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

What is changing and why?

The European Commission had proposed to reduce the maximum residue levels (MRLs) for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen for many products, but to maintain certain MRLs based on uses outside the EU. The proposals were based on a risk assessment by the European Food Safety Authority. For details see the AGRINFO records on MRLs for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen.

In September 2024, the European Parliament rejected the Commission’s draft Regulations due to public health concerns about certain substances, and because setting import tolerances for certain products allows farmers in non-EU countries to use pesticides that are not allowed in the EU. This is considered to create unfair competition for EU farmers.

The Parliament has requested new draft Regulations reducing the MRLs for benomyl, carbendazim, thiophanate-methyl, cyproconazole, and spirodiclofen for all products to the limit of determination (LOD, the lowest level that can be detected using the most modern and reliable analytical methods).

Timeline

The European Parliament’s objection prevents the Commission from adopting the proposed draft Regulation, which means that the existing MRLs continue to apply.

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