TROPICAL
AGRICULTURE ASSOCIATION
(London
& South-East Regional Group)
London
- 27th March 2001.
"Recent Developments in
EU Pesticides Regulations and their Impact on imports of Tropical Fresh
Produce".
(Presentation
by David Hirst - UK Representative for COLEACP)
(COLEACP
Website- www.coleacp.org)
Harmonisation of EU
Regulations on Pesticides
¨
Background:
In order to meet the needs of a growing world
population, from the mid-20th century, there has been an intensification of
agricultural production. A major contributory factor in this development has
been the increasing use of synthetic agricultural chemicals, fertilizers and
crop protection products, enabling yields to be maximised and controlling the
pests and diseases that are liable to develop in monoculture situations. This
is particularly true in tropical conditions, where the pressure from pests and
diseases tends to be higher, and is unrelieved by a cold winter. Without the benefit of chemicals, the losses
to crops would seriously threaten the capability of producers to export
economically. In many cases, with current knowledge and resources, it would be
virtually impossible.
Consumers in the developed world have become
accustomed to increasingly high standards of quality and uniformity of fresh
produce. Retailers have translated this
expectation into ever greater pressure on their suppliers for higher quality,
larger volumes, year-round supplies and at lower cost, to satisfy their customers' needs and to increase
their own market share in a highly competitive trading environment. This could
not have been achieved without the help of a whole range of agricultural
chemicals.
In general, the controlled use of these chemicals,
under the principles of Good Agricultural Practice, should represent no
measurable hazards to human health and the environment. Wide safety margins are
now built into the approval procedures and permitted residue levels. The
monitoring of residues in food products, certainly in UK and other EU
countries, is strictly enforced. Those chemicals which have proved to be more
hazardous in the past or which raise concerns for human health or the
environment have been or are being progressively withdrawn in favour of safer
alternatives.
There is now also a strong movement towards more
natural means of crop protection under Integrated Crop and Pest Management
systems and a resurgence of demand for organically grown produce which have all
followed on from the recent increase in public awareness of the desirability of
healthy eating.
Negative publicity about food additives, pesticide
residues and the occurrence of high profile "food scares" such as
outbreaks of E-coli, Salmonella, Listeria, Dioxins, Aflatoxin, BSE, etc have
served to highlight their concerns. There have been demands for greater
controls over what goes into our food, and fresh produce has been held up as a
potential danger due the residues of pesticides that are used in its production
and storage.
The results of systematic random sampling carried
out by the EU authorities (the PSD in UK) regularly indicate that over 70% of
all samples contain no measurable pesticide residues, and that of the
remainder, only a handful ever exceed the permitted levels, none of which have
yet approached a level representing a hazard to human health. Fresh produce is in reality one of the
safest forms of food we eat and also highly beneficial to our health. Nevertheless, the public misconception,
encouraged by media reports, of fruit and vegetables treated indiscriminately
with a cocktail of toxic chemicals before being put onto our plates is not
easily corrected.
¨ Pesticide Regulations before 1993.
In the European Union, until 1993, each of the
Member-States was responsible for setting its own legislation on pesticide
approvals and permitted residues, which in the UK came under the Control of
Pesticides Regulations (1986), administered by the Pesticides Safety
Directorate of MAFF.
A confusing situation developed in Europe as a
whole, where inconsistencies in regulations between member-states caused
problems for exporters and importers and seriously hampered the free movement
of goods across borders within the trading area.
¨ Council Directive 91/414/EC.
Against this background, in 1991 the European Commission
brought out the Council Directive
91/414/EC concerning the placing of plant protection products on the
market. Under this Directive, in July 1993 a programme was set in motion to
harmonise regulations relating to pesticide approvals and residues throughout
the Member-States.
There were two main thrusts to this harmonisation
programme:
-
A review of Active
Substances:
The first objective was to complete a review of all
of the 823 active substances that had been approved for use in crop protection
products within the EU prior to July 1993. It was planned, vastly
over-optimistically as it turned out, to complete this work by 1998.
This review procedure provided for the establishment
of Annex 1, a positive list of approved active substances for the EU. For new
active substances, the evaluation procedure for inclusion in Annex 1 also
applies once scientific data has been provided allowing approval of the
product.
-
Setting of Maximum Residue
Levels (MRLs) for crop/chemical combinations:
Equally ambitious, this programme set out to
establish harmonised EU MRLs for every crop/chemical combination, within the
framework of a series of EC directives.
The definition of MRL is the maximum concentration
of a pesticide residue permitted in or on a food product or animal feed. It is
expressed as milligrams per kilogram or ppm. And is generally monitored at the
point of retail, or less usually, wholesale.
It is not intended to represent a food-safety level
and is invariably set well below any point at which human or animal health can
be affected. It is related to the usage of a pesticide that gives adequate
control of the targeted pest or disease within agreed parameters for safe use,
taking into account public and occupational health and environmental considerations.
These considerations include the Acceptable Daily
Intake (ADI) of each chemical, which is the amount that can be consumed by an
individual human on a daily basis throughout a lifetime without any adverse
result. Special dietary situations may also be relevant.
As the regulations classify fruit and vegetables
into 126 different products, with 823 active substances to be considered, this
makes a total of 103,698 MRLs to be harmonised throughout the EU. To ease the
burden of this work, it has been divided among the leading member states, the
so-called Rapporteur Member States (RMS).
When data from trials of an approved pesticide are
submitted for the setting of an MRL for a specific crop use, after due
consideration, the RMS may agree to approve an MRL. The file is then subjected
to scrutiny by various committees, including the Standing Committee on Plant
Health (SCPH), and after a series of such procedures, an EU MRL may be
allocated for the combination under review. This can take up to 3 years.
If no such submission is made, or the data is not
considered adequate, then the MRL will be set, by default, at the "Limit
of Determination" (LOD) which is equivalent to analytical zero. In most
cases this will preclude the use of this substance on the crop in question,
since there can be no guarantee of zero residue following its use.
-
Import Tolerances.
Where an MRL or approval for use of an active
substance for crops grown in Europe does not exist, applications for MRLs for
imported produce grown outside the EU may result in the granting of "Import Tolerances" for those
specific crop/chemical combinations. However, the procedures for approval of an
Import Tolerance are exactly the same as for any other MRL.
-
Progress to date:
The first stage of the review programme began in
1995 with the first data submissions. Progress has been painfully slow, and of
the first list of 90 compounds reviewed, 11 have been placed on Annex 1 and 15
have been withdrawn. Decisions on the remaining 64 of the first list have still
not been made.
In order to speed up the procedure, the European
Commission has set a revised deadline of July 2003 for these decisions to be
made. It is expected that many more substances will then be withdrawn due to
lack of supporting data supplied by the manufacturers.
Additionally, data submission deadlines have been
set for all of the other 700-plus substances and it is expected that those that
are not supported will also be withdrawn after 2003. A 12 months period of
grace will be then allowed for consumption of stocks and conversion to
alternative means of protection.
It is forecast that only 250 to 300 of the original
823 substances are likely to survive the process. This gives rise to concerns
that insufficient alternative treatments will be available to growers, leading
to pest and disease resistance. On current form, tropical and other minor crops
will be the hardest hit. There are also likely to be economic repercussions,
particularly on poorer farmers, when most of the older, generic and therefore
cheaper pesticides are withdrawn, as they are most likely to be, since
manufacturers will not wish to support them, there being no further commercial
incentive.
¨ Enforcement.
When Member-States were responsible for their own
legislation, there was a considerable variation between observance and
enforcement of the rules from one country to another.
In the UK the Food Safety Act was always applied
rigorously and suitable penalties were imposed on the fairly rare occasions
when breaches of pesticide residue regulations were discovered in the course of
random sampling of products for residues. But in general it all went on quietly
and without much awareness on the part of the public.
However, in recent years, the annual and now
quarterly publication of the Working Party on Pesticides Report (WPPR) (now the
PRC - Pesticide Residues Committee) with the names of those retailers found in
breach of the regulations, has brought the whole question out into the open.
This so-called "naming and shaming" policy has laid retailers open to
the serious consequences of exposure for selling produce containing illegal
pesticide residues and they have become highly sensitised to the risks
involved.
The new Food Standards Agency has added its weight
to these pressures to be seen to be acting in the interests of public health.
¨ Response to the Harmonisation Programme.
-
In Europe.
Agro-chemical companies have submitted data packages
to support MRLs where the pesticide usage on a crop is sufficient to make the
high costs of data generation commercially worth their while. They also have to consider whether the
active substance is out of patent and whether, in the long term, it will
continue to have EC approval.
In the UK the Horticultural Development Council,
with the growers' support, were sufficiently forward-looking to take advantage
of Specific Off-Label Approval (SOLA) arrangements. They were able to establish some 700 MRLs for locally grown crops
at a cost of about £1.5 m. Other
growers, manufacturers and interested parties within the EU have taken similar
action to ensure that MRLs are established for important crop/chemical
combinations.
-
Tropical crops
Due to poor communications and a lack of
understanding of the real consequences of the changes, insufficient work has
been done to support the setting of MRLs for imported tropical and sub-tropical
crops and indeed many other so-called "minor" crops. While they may
be very significant to the producer and even the producing country, many of
them, including such items as pineapples, mangoes, avocadoes, sweet potatoes
etc, have not attracted the attention of the chemical manufacturers as their
potential return on the investment for trial work is insignificant.
The growers and the countries themselves generally
do not have a mechanism for coordinating the funds and commissioning the
necessary trial work.
The result has been that MRLs have been set, by
default, at LOD for a wide range of these crops. For some crops, all the MRLs for all listed active substances have been set at the LOD.
This closing off has led to reluctance of the retail
sector (notably in the UK), to accept products that have been treated with
pesticides that have been so closed off. In some cases products have been
de-listed. Recent examples are passion fruit and carambola.
This situation has become most critical for
post-harvest fungicide treatments, which are essential when sea-freight is used
for exports and where residues are most likely to remain on the surface of the
product up to the point of retail.
¨ Impact on Imports.
Some EU
import statistics (1999):
|
|
Tons |
Million US $ |
|
Avocadoes |
88,900 |
140 |
|
Bananas |
3,220,000 |
1,900 |
|
Litchis |
18,587 |
52.5 |
|
Mangoes |
114,386 |
127.5 |
|
Melons |
163,859 |
134 |
|
Papayas |
13,591 |
26 |
|
Pineapples |
333,045 |
195 |
|
Green Beans, |
75,598 |
134 |
¨ Impact on Exporters.
In 1999, DFID contracted the NRI to carry out an
impact study of the effects of these changes in regulations on developing
countries.
In their report they concluded that in the ACP
countries alone, some 45 million people were dependent on horticultural exports
to the EU for their livelihoods.
The legislation changes were likely to have a range
of effects:
-
A
fall in export production
-
Increased
production costs
-
Higher
risk of crop wastage and crop failure
-
Exclusion
of small growers from the supply chain
-
Exclusion
of smaller countries from the export trade
Smallholders were most affected:
-
Importers
will exclude exporters relying on small outgrowers
-
Exporters
will not source from smallholders where alternatives exist
-
Production
costs will increase ( more expensive chemicals and controls)
-
Smallholders
may turn to local markets/subsistence as an alternative
Workers would suffer:
-
Loss
of jobs, especially in small-medium units
-
Increased
seasonality of work and reduced job security
-
Reduced
income
-
Social
disruption.
¨ To summarise so far:
The EU harmonisation of
pesticide regulations was initiated with the best of intentions:
-
to
bring order to a confused situation
-
to
enhance consumer safety assurance
-
to
allow freedom of movement of trade goods within the EU
The results so far have
been:
-
a
bureaucratic tangle
-
lack
of and inappropriate communication of information
-
bewilderment
on the part of the trade
-
serious
potential and actual damage to the trade and specifically to developing
countries and rural poor in those countries
-
a
threat to private sector investment and development aid schemes based on export
horticulture
-
effective
trade barriers between Europe and the rest of the world
-
reduced
consumer choice in European shops.
¨ How will this be addressed?:
COLEACP
Pesticides Initiative Programme (PIP)
Early in 1999, during one of the regular meetings of
the FPC Pesticide Management and Food Chemicals Committee, the PSD
representative present was asked to give a presentation on new developments in
EU legislation. It was clear from what he said that these changes would have
far-reaching effects on the trade. The UK had evidently taken steps to look after
the interests of its growers and this had benefited those across Europe.
However, it seemed that nothing effective was being done to inform the
producers and exporters in the developing countries. It was clear that the full
impact of this legislation had not yet filtered through to them.
Further investigation revealed that there was
massive ignorance of the consequences outside of Europe. While a steady
drip-feed of information on the various Directives had been sent out in highly
technical and "officialese" format over a period of years, very
little of this, or the significance of it, had actually reached those whose
businesses and livelihoods would be most affected by it.
The curtain was about to fall and the trade seemed
to be totally unprepared for it.
In June, 1999, a Working Group was formed with
COLEACP the FPC, NRI and Audax Audits, a consultant on pesticide residue
analysis. Various representations were made to the European Commission and a
number of meetings held in Brussels with DG Development, DG Trade and DG Sanco,
the Department responsible for the Harmonisation programme.
Eventually, by early 2000, the Commission became
convinced that a real problem did in fact exist. While they were adamant that no concessions could be made as to
the timing or substance of the legislation, and no compromise on food safety
would be entertained, they asked COLEACP to prepare a proposed action
programme, to be funded by the Commission, that would support exporters, in ACP
countries in particular, to maintain their competitive supplier status in the
EU markets by helping them to comply with the new regulations.
This programme was presented in April 2000 and
accepted in principle, but then had to go through a lengthy feasibility study
by independent consultants. It was again revised and was finally re-presented
and approved by the Commission in December. The EDF has agreed to support the
programme to the tune of 29 million Euros over a period of 5 years.
It was hoped to have got it under way in February
this year, but more bureaucratic delays in Brussels over contractual details
have extended this date to May at the earliest.
Although it will be administered by a Management
Unit based in Brussels, the PIP is designed to operate on a
"bottom-up" system.
Requests for assistance will be formulated at
national/industry level through the private sector. These will be checked and
adjusted as necessary to comply with the requirements of the approval body,
which is the ACP Group Secretariat in the Commission in Brussels.
Local "Task Forces" representing the trade
will be set up to create dialogue. Excessive public sector influence will be
discouraged.
4
components of the PIP
·
Information Communication component. (Already in progress)
Aimed to provide up-to-date
information to the trade in readily accessible and digestible form on all
matters relating to pesticides. (e.g. Round Table meetings held in Nairobi,
Ouagadougou (B. Faso), Kingston, Jamaica and Brussels in June/July 2000)
This will include databases
of regulations, crop protocols and other essential information. It will also
handle and circulate feed-back information from within the trade.
·
Regulations component.
This will focus on the
preparation and defence of priority crop/chemical combinations to establish
practical MRLs and Import Tolerances based on GAP. Identification of these priorities will be made with the
assistance of national Task Forces which are already being set up.
It has emerged from
discussions with the RMS expert groups that a more liberal interpretation of
extrapolation between similar crops with comparable GAP may be taken in the
setting of certain MRLs for tropical crops.
There has also been some
indication that the time taken for processing procedures of acceptable data
could be drastically reduced to a matter of weeks rather than years as at
present, provided that consumer health considerations were not compromised.
Assistance and advice will
be provided to the national authorities to ensure that their national
legislation is in conformation with the new regulatory requirements in the EU.
·
Good Practice and Food
Safety component.
Implementation of Quality
Management, Traceability systems, and codes of practice,
Improved crop and pest
management systems (ICM/IPM) mainly through the exporter associations working
with private companies.
Special attention will be
given to the small-scale sector.
·
Capacity-building component.
This component operates at
every level and throughout the programme, but especially through the national
Task Forces and the Associations.
It aims, by setting up
training schemes, to strengthen the local pool of expertise to encourage
self-sufficiency.
It aims to maintain the
continuity of the programme after the 5-year project is completed by
reinforcing the local private-sector structures and enabling them to cope with
future challenges to their place in the world markets.
¨ And in the meantime?
Producers and exporters are being advised to consult
closely with their importers and to follow their guidance.
They should review the pesticides and treatment
regimes they are using, cutting out any that may entail the risk of illegal
residues
Harvest intervals should be revised upwards unless
current data indicates that residues will not be found in any circumstances
Pesticides most likely to leave residues are those
with longer harvest intervals. Producers should try to use only those that have
shorter harvest intervals and are least persistent.
Post-harvest treatments are potentially the most
risky. Where possible they should be avoided.
It is to be hoped that some degree of understanding
will be exercised in the enforcement of the regulations over the next few
months and years until the trade catches up.
The consequences of near total loss of crop protection chemicals for
tropical crops is a daunting prospect indeed.