The MRL issue is set to dominate the fresh produce landscape in the UK for the next 15 months. The FPC and PSD have issued a statement, here in full:

"At the moment member states can set national MRLs that take precedence over provisional EC MRLs, or where EC MRLs have not yet been set.

This has led to a proliferation of MRLs at different levels throughout the EU.

Unlike some other member states, the UK set very few national MRLs but instead relied upon EC MRLs that appeared in the EC Directives and were subsequently transposed into UK law.

Under a new proposal by the European Commission, all MRLs will eventually be reviewed to modern scientific standards. The outcome of this process will, if the review is successful, is the establishment of EC MRLs and the MRLs of all unsuccessful and unsupported uses will be set at the LoD.

This process will take time so, as a transitional measure, a procedure for setting temporary EC MRLs is proposed to be put in place.

The temporary MRLs will be based on a review of national MRLs applying in member states. Applications for temporary EC MRLs, based on national MRLs, must (as the proposal stands) be supported by the data used to set the national MRL.

These temporary EC MRLs will then remain in force until they are superseded by full EC MRLs.

The Commission has produced a list (Annex A) of all the actives covered by this exercise.

For the UK, one option would be to do nothing and rely on the national MRLs from other member states or Codex MRLs being used to set temporary EC MRLs. The rish is that the GAP may be inappropriate for UK use and the MRL too low.

Additionally if an application for a particular UK use is not made there will be no UK national MRL and a temporary EC MRL will not be set. This will mean that the MRL will be set at the LoD.

Overseas suppliers whose uses leave residues higher than those arising under EC conditions, or who wish to continue using an active that has been withdrawn in the EC, will have to apply for an import tolerance. Their application will need to be accompanied with supporting data; otherwise the MRL may be set at the LoD.

The Commission has not, at the moment, confirmed that EC MRLs set in Directives will be used in their entirety as a basis for setting temporary MRLs.

The data standards used are in the main old standards and may not be consistent with current requirements.

The Commission envisages publishing the list of temporary MRLs and import tolerances by 1st January 2005 for fresh and 1st July 2005 for stored produce. This is 15 months away. These MRLs will at that time be introduced into the EC by Regulation, not by Directive, bringing them immediately into force in all member states and replacing all other MRLs in force at that time.

In the UK, it is estimated that to cover UK uses we need to set approximately 5000 national MRLs, let alone the import tolerances.

Thereafter as the EC reviews the actives on Annex I of 91/414 they will also review all temporary EC MRLs and import tolerances set by this exercise. For each active they will approve EC MRLs and import tolerances. MRLs for all other commodities will revert to the LoD.

The issue for us is who is going to do the work of applying for temporary MRLs and import tolerances. The agrochemical companies are in the main supporting actives and MRLs for broad acre crops.

We have to live with the consequent reduction of actives but we can't live with a similar reduction of MRLs for horticultural uses as it may make trade in those products that do not have EC MRLs, temporary EC MRLs or import tolerances illegal.

We must now take action to address this situation. Given the scale of the issue, 5000 UK uses as well as he uses on imported products, and the limited timeframe in which to work, 15 months, an effective programme of action must be put in place.

As a first step in tackling the issues relating to produce imported into the EU we are calling for information relating to the actives being used on each crop being imported from each country where residues above the LoD occur. This will be used to draw up a list of candidates requiring import tolerances to be set."

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