From 1 September 2008, a new legislative framework on pesticide residues is applicable. With these new set of rules, the harmonization and simplification of pesticide MRLs is completed, whilst ensuring better consumer protection throughout the EU.
The former MRL-regime was too complex as it combined harmonized EU and divergent national rules. This situation led to confusion about which MRL was applicable. It made the life of traders and importers difficult and gave rise to questions from consumers.
Regulation (EC) No. 396/2005 is the result of a considerable joint effort by the Commission, the European Food Safety Authority (EFSA) and the Member States. The Annexes to Regulation (EC) No. 396/2005 specify the MRLs and the products to which they apply.
Annex I is the list of products to which the MRLs apply. It has been established by Commission Regulation (EC) No 178/2006. It contains 315 products, including oilseeds and oilfruits and animal products.
Annex II covers the list of EU definitive MRLs and it consolidates the existing EU legislation before 1 September 2008. It specifies MRLs for 245 pesticides.
Annex III covers the list of the so-called EU temporary MRLs. It is the result of the harmonisation process as it lists pesticides for which, before 1 September 2008, MRLs were only set at national level. It specifies MRLs for 471 pesticides.
Annex IV covers the list of pesticides (52) for which no MRLs are needed because of their low risk.
Regulation (EC) No 149/2008 and corrigendum and Regulation (EC) No 839/2008 list the MRLs of pesticides belonging to Annexes II, III and IV.
Annex V will contain the list of pesticides for which a default limit other than 0.01 mg/kg will apply. This Annex has not been published yet.
Annex VI will contain the list of conversion factors of MRLs for processed commodities. This Annex has not been published yet.
Annex VII (Regulation (EC) No 260/20068 contains a list of pesticides used as fumigants for which the Member States are allowed to apply special derogations before the products are placed on the market.
If a pesticide is not included in any of the above mentioned Annexes the default MRL of 0.01 mg/kg applies (Article 18(1b) of Regulation (EC) No. 396/2005).
The European Commission has developed a database with all EU harmonised MRLs.
Regulation (EC) No. 299 /2008 lays down the implementing powers conferred on the Commission with regard to MRL regulation 396/2005.