Why MRLs are laid down in European legislation for active substances whose use is not permitted in the EU?

September 2010

In the first place it is worth dividing the scope of the two main rules, that, although closely interrelated, are independent;

• The Directive 91/414/EEC regulates the marketing and use of phytosanitary products. An active substance can be used in the EU to build a phytosanitary product if it is included in Annex I of the Directive (which will be replaced next year by Regulation (EU) No. 1107/2009). The authorization for the marketing and use of phytosanitary products in Spain is granted by the Directorate General of Agricultural and Livestock Resources of the Ministry of Environment and Rural and Marine.
• The Regulation (EU) No. 396/2005 is a rule of Public Health that establishes the MRLs of active substances in food as a result of the use of phytosanitary products.

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Who is who in the establishment of an MRL? How are Maximum Residue Limits determined?

September 2010

While MRL applications are processed through a community procedure, authorization-registration of phytosanitary products remains the exclusive competence of the Member States in order to adequately take into account the particular characteristics of its climate-region ... etc.

• The competent national authorities of the Member States are responsible for the evaluation of risks on consumers related to such a measure (AESAN), as well as the registration of the use of the phytosanitary product (Ministry of Environment, Rural and Marine.). At the same time they are also in charge of the monitoring and the implementation of these MRLs (Autonomous Communities).
• The European Commission sets MRLs for all food and feed, based on the report on the consumer risk assessment of the EFSA (European Food Safety Authority), and with prior consultation with Member States through the Permanent Committee of the Food Chain and Animal Health.

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Publication of a database for consultations on authorised pesticides and their MRL in food and animal feed

March 2009

The European Commission, in collaboration with EFSA (European Food Safety Authority) and the Member States, has completed a review of the approximately 1000 active substances that form part of pesticides existing in the EU before 1993. Only 250 of these have satisfactorily passed the risk assessment, which was based on three core principles:

• They must have no harmful effects on consumers, farmers or other people coming into contact with them.
• They must not harm the environment.
• They must be sufficiently effective as a pesticide.

In order that the information can be easily distributed and consulted, the European Commission has created an authorised pesticide database, so that the legal reference, toxicological information and Maximum Residue Limits (MRLs) permitted for each combination of pesticide-food can be consulted for each active substance (also in Spanish).

Database of authorised pesticides and their MRLs.

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Maximum residue limits in pesticides: full implementation of the new legislative framework provided for in Regulation 396/2005

03/09/2008

The new legislative framework on pesticide residues laid down in Regulation (EC) No 396/2005 of 23 February 2005 of the European Parliament and of the Council has been fully implemented since Monday, 1 September. It concerns the maximum limits of pesticide residues in food and animal feed of plant and animal origin, and modifies Directive 91/141/EEC of the Council, as provisions in annexes II, III and IV, containing the maximum limit values for residues applying to each of the possible plant/pesticide combinations. The regulation was last updated on 30 August last through Commission Regulation (EC) No 839/2008 of 31 July 2008.

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