Maximum residue levels for fosetyl-Al/phosphonic acid

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 fosetyl-Al, potassium phosphonates and disodium phosphonates in or on certain products

Annex II

Update

The European Commission has informed the World Trade Organization Sanitary and Phytosanitary Measures (WTO SPS) Committee that it intends to change the residue definition for fosetyl-Al, potassium phosphonates, and disodium phosphonates to “phosphonic acid and its salts”. It also intends to update the existing maximum residue levels (MRLs) for these substances in certain commodities (G/SPS/N/EU/698). This may have a particular impact on suppliers of sweetcorn, herbal infusions from flowers, and certain spices. In these cases the MRL is reduced to the limit of determination (LOD, the lowest level that can be detected using the most modern and reliable analytical methods).

Impacted Products

Citrus fruits, tree nuts, pome fruits, stone fruits, berries and small fruits, miscellaneous fruits, root and tuber vegetables, bulb vegetables, fruiting vegetables, Brassica vegetables, leaf vegetables, herbs and edible flowers, legume vegetables, stem vegetables, fungi, mosses and lichens, algae and prokaryotes, pulses, oilseeds and oil fruits, cereals, teas, coffee, herbal infusions, cocoa and carobs, hops, spices, sugar plants, muscle, fat, liver, kidney and edible offals from swine, cattle, sheep, goat, horses, poultry and other farmed land animals, milk, eggs and honey.

What is changing?

The European Commission proposes to change the residue definition for three active substances – fosetyl-Al, potassium phosphonates, and disodium phosphonate – from “fosetyl-Al (sum of fosetyl, phosphonic acid and their salts, expressed as fosetyl)” to “phosphonic acid and its salts, expressed as phosphonic acid”.

The MRLs for fosetyl-Al have been reviewed based on this new definition. The MRLs for sweetcorn, herbal infusions from flowers, and certain spices (bark spices, root and rhizome spices, bud spices, flower pistil spices) have been reduced to the LOD. A comparison of previous fosetyl-Al and the new phosphonic acid MRLs can be found in Table 1.

Why?

The residue definition for fosetyl-Al, potassium phosphonates, and disodium phosphonates to “phosphonic acid and its salts” has been changed on the recommendation of EFSA (2021).

These active substances all degrade to phosphonic acid. Their residues must be jointly assessed when setting MRLs.

Timeline

Expected date of publication: July 2024.

The new MRLs are expected to apply from early 2025.

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 23 January 2024.

These substances are not only used in plant protection products, but also as ingredients in fertilisers, plant strengtheners, manure, and soil amendments. Suppliers of all products should assess their compliance with the new MRLs.

Suppliers of sweetcorn, herbal infusions from flowers, and spices (bark spices, root and rhizome spices, bud spices, flower pistil spices) should in particular review their current uses of fosetyl-Al, potassium phosphonates, and disodium phosphonate as the MRL is reduced to the LOD. Suppliers of these products should look for possible alternative solutions in anticipation of these new MRLs.

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 fosetyl-Al, potassium phosphonates and disodium phosphonates in or on certain products

Annex II

What is changing and why?

The European Commission proposes to revise the residue definition of “fosetyl-Al” to “phosphonic acid”. This is because fosetyl-Al, potassium phosphonates, and disodium phosphonate all degrade to phosphonic acid. The Commission proposes new maximum residue levels (MRLs) under the new definition. Revised MRLs can be found in Table 1.

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 23 January 2024.

Suppliers of sweetcorn, herbal infusions from flowers, and spices (bark spices, root and rhizome spices, bud spices, flower pistil spices) should in particular review their current use of fosetyl-Al, potassium phosphonates, and disodium phosphonates, and look for possible alternative solutions in anticipation of these new MRLs.

Timeline

Expected date of publication: July 2024.

The new MRLs are expected to apply from early 2025.

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