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Objection to an implementing act: Maximum residue levels for thiacloprid

TA-9-2024-0016 · P9_TA(2024)0016 · PE757.277

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament opposes a Commission proposal for a Council regulation that would keep maximum residue levels (MRLs) for thiacloprid above the limit of determination on more than 30 products for import purposes. It says the proposal conflicts with Regulations (EC) No 396/2005, (EC) No 178/2002 and (EC) No 1107/2009, including point 3.6.4 of Annex II. It asks the Commission to withdraw the proposal and to submit a new draft lowering all MRLs for thiacloprid to the limit of determination for all uses and refusing any import tolerance requests.

Key points

  1. Parliament opposes adoption of the proposal for a Council regulation on maximum residue levels for thiacloprid.
  2. It considers the proposal incompatible with Regulations (EC) No 396/2005 and (EC) No 178/2002 and with Regulation (EC) No 1107/2009, including point 3.6.4 of Annex II.
  3. It calls on the Commission to withdraw the proposal for a regulation.
  4. It calls on the Commission to submit a new draft lowering all MRLs for thiacloprid to the limit of determination for all uses and refusing any import tolerance requests.
  5. Thiacloprid is an insecticide active ingredient used mainly on cotton, pome fruit, vegetables and potatoes; its approval expired on 3 February 2020 and was not renewed, with the grace period ending on 3 February 2021.
  6. Non-renewal followed EFSA findings of groundwater contamination by metabolites M30, M34 and M46 above 0,1 µg/L and ECHA's classification of thiacloprid as toxic for reproduction category 1B, making it a cut-off substance.
  7. EFSA also could not finalise the risk assessment for bees and non-target terrestrial plants, and thiacloprid is classified as suspected of causing cancer and very toxic for aquatic life.
  8. The PAFF Committee did not deliver an opinion; eight member states did not support the draft, citing concerns about maintaining CXLs and import tolerances for a non-approved cut-off substance.
  9. Germany stated it does not support setting MRLs for active substances not approved in the EU due to health concerns.
  10. The Commission proposes to keep MRLs above the limit of determination for more than 30 products for import purposes, with levels from twice up to a thousand times the limit of determination, while refusing import tolerances only for peaches and sweet peppers.
  11. Parliament says the proposed MRLs do not protect citizens' health or secure a high level of protection for bees and other pollinators, and that no import tolerances should be set for thiacloprid as it is toxic for reproduction category 1B.
  12. It argues thiacloprid should be subject to the same reasoning and rules applied to clothianidin and thiamethoxam, whose MRLs were lowered in 2022.

Who is affected

  • Importers and third-country producers of more than 30 products, including tea, cotton seeds, rice, wheat and various fruits, for which MRLs would remain above the limit of determination.
  • EU farmers, who may face unfair competition because they can no longer use thiacloprid while third-country farmers can.
  • Bees and other pollinators, which Parliament says the proposed MRLs do not protect.
  • EU citizens and consumers, whose health Parliament says the proposed MRLs do not protect.

Figures and deadlines

  • 0,1 µg/L — parametric drinking water limit exceeded by thiacloprid metabolites M30, M34 and M46.
  • 0,01 mg/kg — default value set by Article 18(1), point (b), of Regulation (EC) No 396/2005.
  • 3 February 2020 — date the approval of thiacloprid expired.
  • 3 February 2021 — date the grace period for plant protection products containing thiacloprid expired.
  • More than 30 products — for which the Commission proposes to maintain MRLs above the limit of determination for import purposes.
  • From twice up to a thousand times the limit of determination — range of the MRLs proposed for those uses, with the highest for tea.
  • Two uses (peaches and sweet peppers) — for which import tolerances were refused and MRLs lowered to the limit of determination.

Legal basis: Articles 11, 13, 168 and 191 of the Treaty on the Functioning of the European Union.