European Parliament 2019-2024
Committee on the Environment, Public Health and Food Safety
2020/2873(RPS)
3.12.2020
DRAFT MOTION FOR A RESOLUTION
pursuant to Rule 112(2) and (3) and (4)(c) of the Rules of Procedure
on the draft Commission regulation amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbon tetrachloride, chlorothalonil, chlorpropham, dimethoate, ethoprophos, fenamidone, methiocarb, omethoate, propiconazole and pymetrozine in or on certain products
(DD068967/04 – 2020/2873(RPS))
Committee on the Environment, Public Health and Food Safety
Member responsible: Joëlle Mélin
RE\1219871EN.docx PE661.938v01-00
EN United in diversity EN B9-0000/2020
European Parliament resolution on the draft Commission regulation amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbon tetrachloride, chlorothalonil, chlorpropham, dimethoate, ethoprophos, fenamidone, methiocarb, omethoate, propiconazole and pymetrozine in or on certain products
(DD068967/04 – 2020/2873(RPS))
The European Parliament,
– having regard to the draft Commission regulation amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbon tetrachloride, chlorothalonil, chlorpropham, dimethoate, ethoprophos, fenamidone, methiocarb, omethoate, propiconazole and pymetrozine in or on certain products (D068967/04),
– having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC1, and in particular Article 14(1)(a) and Article 18(1)(b) thereof,
– having regard to the opinion delivered on 6 October 2020 by the Standing Committee on Plants, Animals, Food and Feed,
– having regard to Article 5a(3)(b) and Article 5a(5) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission2,
– having regard to Rule 112(2) and (3), and (4)(c) of its Rules of Procedure,
– having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,
A. whereas the draft Commission regulation seeks to increase the maximum residue level (‘MRL’) for chlorpropham (‘CIPC’) for potatoes from 0,01 to 0,4 mg/kg which corresponds to multiplying the current legal level by 40 ;
B. whereas CIPC is a plant growth regulator and herbicide used as a sprout-suppressant for grass weeds, alfalfa, lima and snap beans, blueberries, cane fruit, carrots, cranberries, ladino clover, garlic, seed grass, onions, spinach, sugar beet, tomatoes, safflower, soybeans, gladioli and woody nursery stock;
C. whereas CIPC is especially widely used to inhibit potato sprouting;
D. whereas sprout suppression is a key part of potato storage, and although cold storage can sometimes be used, sprouting is often controlled by application of post-harvest
1 OJ L 70, 16.3.2005, p. 1. 2 OJ L 184, 17.7.1999, p. 23.
PE661.938v01-00 2/5 RE\1219871EN.docx EN treatments, such as CIPC;
E. whereas the draft Commission regulation, provides for the banning within the Union of CIPC; whereas Member states had to withdraw authorisations for plant protection products containing CIPC as an active substance by 8 January 2020;
F. whereas the ban of CIPC in the Union has been planned for months and was expected by the industry;
G. whereas one of the most significant problems for existing potato storage sites is that CIPC gets into wooden crates, with the result that residues could still be found long after a ban, which underlines the persistent nature of this pesticide; whereas for this reason, CIPC is no longer applied in most new storage locations;
H. whereas the draft Commission regulation further states that any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No. 1107/2009 of the European Parliament and of the Council3 is to be as short as possible and is to expire by 8 October, 2020;
I. whereas the use of CIPC is permitted in the United States and in Canada where it is used specifically in storage facilities to prevent sprouting4;
J. whereas the draft Commission regulation does not provide any information about the applicant who formulated the request to account for potential contamination of potatoes above the default MRLs of 0,01 mg/kg when stored in facilities with a history of CIPC use;
K. whereas this situation may eventually and in the long term lead to unfair competition compared to the situation that exists for imported potatoes and could lead to serious fraud;
L. whereas the draft Commission regulation states that ’the applicant claims that, due to the specific properties of chlorpropham, with the current cleaning operations of these storage facilities remaining residues cannot be fully avoided’, without ever detailing what the cleaning operations are and what they consist of;
M. whereas solutions other than waiting or the raising of MRLs exist to avoid the contamination of potatoes, such as cold storage, dismantling and replacing contaminated wooden crates, using dedicated decontamination services, or banning the storage of potatoes in contaminated sites;
N. whereas default CIPC MRL in potatoes is 0,01 mg/kg;
O. whereas to address persistent residues of CIPC, the European Food Safety Authority (EFSA) concluded in its reasoned opinion adopted by EFSA on 13 March 2020 and published on 10 June 20205 that the MRLs recommended by the Netherlands of either
3 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 4 https://www3.epa.gov/pesticides/chem_search/reg_actions/reregistration/fs_PC-018301_1-Oct-96.pdf 5 EFSA reasoned opinion on the setting of temporary maximum residue levels for chlorpropham in potatoes,
RE\1219871EN.docx 3/5 PE661.938v01-00 EN 0,3 mg/kg or 0,4 mg/kg were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups;
P. whereas in light of EFSA’s conclusions on risk to consumers, the Commission proposes that the MRLs for potatoes should be set at a level of 0,4 mg/kg, which corresponds to the highest risk limit defined by EFSA;
Q. whereas CIPC is notoriously detrimental to the central nervous system’s overall health;
R. whereas CIPC is known as a toxic herbicide that affects the respiratory tract, the urinary system and the body’s digestive profile, and it can also impact the liver, the eyes and the skin;
S. whereas not only is CIPC toxic for honey bees, but according to the Extension Toxicology Network6, chronic exposure of laboratory animals to CIPC has caused ‘retarded growth, increased liver, kidney and spleen weights, congestion of the spleen, and death.’;
T. whereas the draft Commission regulation does not take into account the impact of the cocktail effect and how dangerous the combination of CIPC with other molecules on human health is;
U. whereas the Commission plans to review this temporary MRL based on monitoring data submitted to the Commission by 31 December 2021 and thereafter by 31 December of each subsequent year, which paves the way for an uncertain timetable and the persistence of this pesticide in the diet of Europeans;
Precautionary principle
V. whereas Article 191(2) of the Treaty on the Functioning of the European Union (TFEU) sets out the precautionary principle as one of the fundamental principles of the Union;
W. whereas Article 168(1) TFEU states that ‘a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities’;
X. whereas Directive 2009/128/EC of the European Parliament and of the Council 7 aims to achieve a sustainable use of pesticides in the Union by reducing the risks and impacts of pesticide use on human and animal health and the environment and by promoting the use of integrated pest management and of alternative approaches or techniques, such as non-chemical alternatives to pesticides;
Y. whereas the draft Commission regulation to increase MRL for CIPC does not respect the precautionary principle;
1. Opposes adoption of the draft Commission regulation;
EFSA Journal 2020;18(6):6061 https://efsa.onlinelibrary.wiley.com/doi/10.2903/j.efsa.2020.6061 6 http://extoxnet.orst.edu/pips/choropro.htm 7 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).
PE661.938v01-00 4/5 RE\1219871EN.docx EN 2. Considers that the draft Commission regulation exceeds the implementing powers provided for in Regulation (EC) No 396/2005;
3. Considers that the draft Commission regulation is not compatible with the aim and content of Regulation (EC) No 396/2005;
4. Considers that the Union and the Commission should respect the precautionary principle, and should not encourage the use of ban pesticides by raising their MRLs;
5. Notes that the draft Commission regulation does not comply with the commitments made to preserve pollinator populations and human health;
6. Insists that the MRLs of CIPC remain at 0,01 mg/kg;
7. Calls on the Commission to withdraw the draft regulation;
8. Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States.
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