EU Pesticide Legislation

Updated December 2008

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Updated July 2000

Since 1993 the European Union (EU) has been implementing a programme to establish harmonised Maximum Residue Levels (MRLs) for pesticide residues in foodstuffs sold in the EU. Between 1993 and July 2000, the EU has been aiming to establish MRLs for approximately 100 pesticide active ingredients. However, acceptable data for establishment of MRLs has not been available for a significant number of crop/active ingredient combinations. In such situations, the EU has left the MRL position as an "open position" for a limited period of time. During this period, data can be submitted to the EU to provide for the establishment of an MRL – this is usually done by agrochemical companies, but can also be done by other interested parties. If the period expires and no acceptable data has been received, the MRL is set at the analytical Limit of Determination (LOD) i.e. analytical zero.

The establishment of harmonised MRLs is an ongoing process, with some MRLs having already been set, and levels for a further 700 active ingredients due to be established in batches in the future. Once EU MRL positions have been established (closed off), EU member states are obliged to incorporate these MRLs into their national legislation within 12 months.

Out of the many exported fruit and vegetables important to developing countries, only bananas and citrus are considered as "major crops" by the agrochemical companies, and in general they have not considered it commercially worthwhile to defend MRLs for minor crops. For this and other reasons, MRLs for many of the first 100 active ingredients used by developing country growers on tropical, sub-tropical and out-of-season fruit and vegetables have been set at LOD, or will be by July 2000. Proportionately more MRLs have been set at LOD for these fruits and vegetables, as compared to temperate crops grown in the EU. Some of these chemicals are currently seen by growers to be essential for producing crops for export, e.g. post-harvest fungicides required to preserve fruit during shipping.

This EU programme has caused serious concern amongst importers and retailers of imported fresh produce in EU member states, and amongst exporters and growers in developing countries. Importers and retailers in the UK are under particular pressure because the government allows results of the government’s residue monitoring programme to be published each year, along with the names of the retailers from whom each sample is taken. This has the effect of "naming and shaming" retailers who are selling products with residues exceeding permitted MRLs. In response to concerns about negative publicity, UK retailers are putting in place particularly strict requirements on their suppliers to be able to demonstrate compliance with MRLs.

Resulting problems faced by developing country industries have been exacerbated by the fact that communication of the EU legislative position, and its implications for farming practices, has been poor, with the result that even the largest producers in the some of the larger exporting countries remain insufficiently informed to respond effectively to the legislative requirements.

In many developing countries, export of horticultural products not only constitutes an important source of national income and foreign exchange, but also provides cash income for many smallholders and employment for many other poor people. The implementation of the EU harmonisation programme, and the potential for a consequent fall in export production, therefore raises specific concerns about its impact on poor people who depend on export horticulture for their livelihoods. In response to these concerns, the UK’s Department for International Development (DFID) Rural Livelihoods Department (RLD) commissioned the Natural Resources Institute (NRI) to conduct a study to obtain the appropriate information to allow informed assessment of the problem, and to allow DFID to consider whether or not they can offer any targeted assistance and what form that assistance should take.

A summary of key findings and recommendations from this study can be downloaded by clicking here.

For more information contact NRET.