Maximum residue levels for fenbuconazole

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

PLAN/2024/23 v3 Annex II

Update

The EU has informed the World Trade Organization Sanitary and Phytosanitary Measures (WTO SPS) Committee that it intends to amend the maximum residue levels (MRLs) for fenbuconazole (G/SPS/N/EU/780). The most significant impacts would potentially be on exports of apricots, plums, grapes, cranberries, bananas, sweet/bell peppers, cucurbits, sunflower seeds, peanuts, rapeseeds, barley, rye, and wheat.

Impacted Products

Grapefruits, oranges, apricots, plums, peaches, table grapes, wine grapes, cranberries, bananas, sweet peppers/ bell peppers, cucumbers, gherkins, courgettes, melons, watermelons, pumpkins, peanuts/ groundnuts, sunflower seeds, rapeseeds/ canola seeds, barley, rye, wheat, tea, milk (cattle, sheep, goat, horse)

What is changing?

The EU proposes to amend the MRLs for fenbuconazole as summarised in Table 1.

Why?

The MRLs for fenbuconazole were re-evaluated and adjusted after new trials addressed the data gaps identified by EFSA (2018). For grapefruits, oranges, and peaches, EFSA (2023) recommended lowering the MRLs to align with Codex MRLs (CXLs), while the MRLs on lemons, limes, mandarins, pome fruits, cherries, and blueberries could be maintained. Due to unaddressed data gaps, the MRLs will be lowered to the limit of determination (LOD) on apricots, plums, grapes, bananas, cranberries, sweet/bell peppers, cucurbits, and various seeds and cereals. (The LOD is the lowest level that can be detected using the most modern and reliable analytical methods.)

In addition, advances in analytical techniques allow lower LODs to be achieved for milk, so the LOD for milk will be lowered from 0.05 to 0.01 mg/kg.

The MRL on teas is increased following the adoption of a new CXL, for which EFSA (2022) assessments concluded that there was no risk for consumers.

Timeline

Expected date of adoption: January 2025.

The new MRLs will apply from approximately July 2025 – the precise date will be known once the Regulation is published.

Products exported before July 2025 that comply with the old MRLs will not be removed from the EU market after July 2025, even if they do not comply with the new MRLs.

Recommended Actions

Suppliers of grapefruits, oranges, and peaches should review their use of fenbuconazole and assess whether any changes will be needed to existing good agricultural practices (GAP).

Exporters of apricots, plums, grapes, cranberries, bananas, sweet/ bell peppers, cucurbits, sunflower seeds, peanuts, rapeseeds, barley, rye, and wheat should look for possible alternative solutions in anticipation of the MRL changes.

Authorities in countries that are members of the WTO can provide feedback on the EU's proposal (G/SPS/N/EU/780) by emailing the EU SPS Enquiry Point until 31 August 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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Regulation

Draft Commission Regulation as regards maximum residue levels for fenbuconazole and penconazole in or on certain products

PLAN/2024/23 v3 Annex II

What is changing and why?

The EU proposes to amend the maximum residue levels (MRLs) for febuconazole as summarised in Table 1. This follows a review by the European Food Safety Authority, which concluded that the MRLs for this substance should be lower and aligned with Codex MRLs (CXLs) on grapefruits, oranges, and peaches. The MRL on teas is increased following the adoption of a new CXL considered safe for consumers. MRLs on lemons, limes, mandarins, pome fruits, cherries, and blueberries will be maintained. The MRLs will be lowered to the limit of determination (LOD) on apricots, plums, grapes, bananas, cranberries, sweet/bell peppers, cucurbits, and various seeds and cereals due to unaddressed data gaps. (The LOD is the lowest level that can be detected using the most modern and reliable analytical methods.)

In addition, advances in analytical techniques allow the LODs in milk to be lowered to 0.01 mg/kg.

Actions

Suppliers of grapefruits, oranges, and peaches should review their use of fenbuconazole and assess whether any changes will be needed to existing good agricultural practices (GAP).

Exporters of apricots, plums, grapes, cranberries, bananas, sweet/ bell peppers, cucurbits, sunflower seeds, peanuts, rapeseeds, barley, rye, and wheat should look for possible alternative solutions in anticipation of MRL changes.

Authorities in countries that are members of the World Trade Organization can provide feedback on the EU's proposal (G/SPS/N/EU/780) by emailing the EU SPS Enquiry Point until 31 August 2024.

Timeline

The new MRLs will apply from approximately July 2025 – the precise date will be known once the Regulation is published.

Products exported before July 2025 that comply with the old MRLs will not be removed from the EU market after July 2025, even if they do not comply with the new MRLs.

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