Maximum residue levels for fenbuconazole
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EU proposes to amend fenbuconazole MRLs, with impacts on apricots, plums, grapes, cranberries, bananas, sweet/bell peppers, cucurbits, sunflower seeds, peanuts, rapeseeds, barley, rye, and wheat
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
EFSA (2018) Review of the existing maximum residue levels for fenbuconazole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal, 16(8): 5399.
EFSA (2022) Scientific support for preparing an EU position in the 53rd session of the codex committee on pesticide residues (CCPR). EFSA Journal, 20(9): 7521.
EFSA (2023) Evaluation of confirmatory data following the Article 12 MRL review for fenbuconazole. EFSA Journal, 21(8): 8205.
Sources
Draft Commission Regulation as regards maximum residue levels for fenbuconazole and penconazole in or on certain products
PLAN/2024/23 v3 Annex II
Tables & Figures
Source: PLAN/2024/23 v3