WRITTEN QUESTION P-3331/01

by Giacomo Santini (PPE-DE) to the Commission

(22 November 2001)

Subject: Residues of plant-protection products in fruit

In a number of European countries imports of fruit from other European countries are required to comply with the standards set by the importing country's laws on maximum authorised residues of plant-protection products, even where these differ from standards in the producer countries.

This applies, in particular, to new plant protection products, which not all countries have registered and in respect of which maximum residue levels vary considerably from one country to another.

This is causing much uncertainty for Community fruit growers, who are obliged to bring their export products into line with a range of different standards, depending on their countries of destination.

This is also contrary to European rules on freedom of movement for products, based on mutual recognition, i.e. the principle that the importing country must accept any product that meets the standards applying in the country of origin.

What stage has been reached in the process of harmonising laws on active ingredients used in plant-protection products and maximum authorised residues, a process which is apparently not due to be completed until 2012?

What does the Commission intend to do to avoid serious problems arising in 2002 for Community fruit growers, who, in the absence of action on its part, will be obliged to take responsibility for plant protection measures while facing total uncertainty, a situation that will benefit neither consumers nor the market?

Answer given by Mr Byrne on behalf of the Commission

(8 January 2002)

The Community Legislation concerning Pesticide Residues provides in two ways for the problem raised by the Honourable Member. If correctly implemented and applied by the Member States no trade problems should occur.

For pesticides for which Community Maximum Residue Levels (MRL) apply, Member States have to transpose these MRLs into their national legislation. When no Community MRLs exist Member States shall set national MRLs to protect their consumers and to be able to control illegal uses of pesticides in their country.

In the case that no Community MRL exists and the Member State of origin (the producing country) has set a national MRL and the product sent to another Member State country (the country of destination) satisfies the MRL of the Member State of origin a special procedure applies when this product is refused by the Member State of destination on the ground of not fulfilling its national MRL. This procedure is called the conciliation procedure. The Member State of destination is obliged to notify all other Member States and the Commission about this measure within 20 days after application of the measure.

The two Member States concerned shall immediately contact each other to solve the problem bilaterally, notify the Commission about the solution (in the form of an MRL). The Commission shall submit the solution to the Standing Committee on Plant Health in order to apply the MRL in the whole Community.

In the case of new pesticides for which new uses are being developed, Member States can adopt national provisional MRLs (PMRLs) and have to notify these to other Member States and the Commission. Enforcement authorities can take these national PMRLs into account although nowhere in the Community legislation it is explicitly indicated that Member States have to take each other's PMRLs into account.

The Commission is presently preparing a consolidation and revision of the Pesticide Residues framework Directives and will modify the provisions concerning the conciliation procedure in such a way that Member States will have less problems to implement them, in particular, the initiative of triggering the procedure and notifying the Commission will be transferred to the Member State of origin.

The Commission is progressively harmonising all national MRLs and expects this process to be finalised by 2008, by which time no more conciliation procedure will be needed.