3.2.1 EU regulations for pesticides and commodities

In 1991, the European Commission started a community-wide review process for all active ingredients (AI - also known as active substances) used in plant protection products within the EU. A defining moment for the use of pest control products in Europe was the introduction of Directive 91/414/EEC. 

The process involved evaluation of substances, followed by recommendation on their acceptability to the European Commission. Acceptable substances were included in a positive list of AI known as “Annex I”, if the risk to consumers, workers and the environment was considered acceptable. 

The original Directive made a distinction between “existing” (on the market before July 1993) and “new” compounds (introduced to the market afterwards). If the compound could not be included in Annex I, authorisation for products containing that substance was withdrawn within a period specified in the Commission Directive. 

This review programme effectively resulted in a very substantial reduction (>50%) of pesticides available for use in EU countries. Directive 91/414/EEC was seen from the outset as a continuing review process in which “… based on scientific assessments, each applicant [has] to prove that a substance could be used safely regarding human health, the environment, ecotoxicology and residues in the food chain.”

Regulation EC 1107/2009 [1] replaced Directive 91/414/EEC, which was repealed on 14 June 2011 and provides even stricter controls on AI, with a shift in emphasis from risk to hazard-based assessment of pesticides [2]. 

In addition, fumigants, rodenticides and other pest control products used in stores, are subject to the Biocides Regulation EU/528/2012 (see section 6.5).

From the end of 2003, the European Food Safety Authority (EFSA) was set up to deal with risk assessment issues, with the European Commission retaining risk management decisions. The standards of this assessment and the policy of their use are constantly improved in a number of expert groups and documented in guidance documents. 

The UK Chemicals Regulation Directorate (CRD) of the Health & Safety Executive (HSE) [3] examined the 286 substances previously included in Annex 1 to Directive 91/414/EEC and under review for EC 1107/2009, in light of possible practical consequences to EU farmers [4]. 

They considered that criteria might consist of:

• no cat 1 or 2 CMR (substances that are carcinogenic, mutagenic or toxic to reproduction) unless exposure is negligible
• no endocrine disruptors (ED: see Box 1 & [5]) unless exposure is negligible
• no POPs (persistent organic pollutants)
• no PBT (persistent Bioaccumulative Toxic) chemicals
• no vPvB (very persistent, very bioaccumulative) chemicals
• withdrawal of substances with an ADI (acceptable daily intake), ARfD (acute reference dose) or AOEL (acceptable operator exposure level) which is significantly lower than those for the majority of approved substances
• no substances considered to cause a risk of developmental neurotoxic or immuno-toxic properties
• no substances with a high hazard quotient for bees
• no substances which cause concerns and/or can leach easily into groundwater.

Regulation 396/2005/EC came into force on 1 September 2008 and sets MRLs for pesticide residues in food and animal feed produced, or being imported into, the EU. 

MRLs were first published as Regulation 149/2008/ EC in March 2008 in the form of Annexes to 396/2005/EC; these were updated before they came into force and continue to be subject to review (see section 3.2). 

All cocoa beans imported into the EU must conform to the new Regulation, although temporary MRLs (tMRL) may apply to certain AI for a transitional period.

Information is on www.ec.europa.eu/food/plant/protection/evaluation/index_en.htm - the DG SANCO site which aims to “maximise transparency on the decision-making procedure”.

The European Commission has recently announced the implementation of the European Green Deal, which is a series of policy initiatives which aim to make the EU climate neutral, making Europe the world’s first climate- neutral continent by 2050. 

These policies will affect many different sectors including energy, construction, transport, industry, food and agriculture [6]. The Farm to Fork Strategy at the heart of the European Green Deal aims to make food systems more sustainable [7]. 

To achieve this, the programme includes targets to:

• have 25% of total EU farmland under organic agriculture by 2030
• reduce by 50% the use and risk of chemical pesticides by 2030
• reduce by 50% the use of more hazardous pesticides by 2030
• reduce soil nutrient loss by at least 50%
• reduce the use of fertilizers by 20% by 2030
• reduce the use of antimicrobials in agriculture and aquaculture by 50% by 2030
• create sustainable food labelling
• reduce food waste by 50% by 2030

With the planned reduction in pesticide use and risk in the EU under the Farm to Fork Strategy there is increased scrutiny on the current authorization of pesticide active ingredients, with those that are considered to be more hazardous being reviewed and withdrawn from use. 

The knock-on effects of this for cocoa exporting countries is that increased numbers of active ingredients currently used for pest and disease management in cocoa are being withdrawn from use in the EU. 

Staying informed of proposed changes in the status of plant protection products in cocoa importing is essential for producing countries to be able to identify less hazardous replacement products for pest management in cocoa.