Order issued by the French Government to suspend the importation, introduction and placing on the market in France of some foodstuffs originating from outside the EU that contain residues of certain pesticides

On 7 January 2025 the French Government issued an Order suspending the import and sale of some foodstuffs that originate from outside the European Union (EU) if they contain certain pesticides that are not approved for use in the EU. The full decree in French can be seen here.

This measure by the French Authorities addresses 5 pesticides and their permitted residue levels on selected foods (raw or processed). The Maximum Residue Levels (MRLs) will be set at the Limit of Quantification (LoQ) for 5 substances: carbendazim (includes the sum of carbendazim and benomyl), thiophanate-methyl, glufosinate, and mancozeb. A list of the foods affected is shown in the table below. The import and placing on the market of these foods in France will be prohibited if they contain residues of any of these 5 pesticides. This measure only applies to the French market, harmonised EU rules still apply to other EU markets.

COLEAD takes note of this national measure and, in particular, finds it regrettable that, in several cases, the newly established French MRLs will not be aligned with the EU MRLs currently in force across other EU Member States (see below). Such divergence raises important considerations, both from a practical perspective and in terms of principle, notably with regard to EU MRL harmonisation and the free circulation of goods within the single market.

This Order will enter into force on 8^th January, and there is a grace period of one month until it is applied. This very short transition period allows little time for producers and traders to adapt to these new requirements. This measure by France should be discussed by the European Commission and other EU Member States within a 10-day timeframe. It should also be notified as a technical barrier to trade to the World Trade Organization (WTO) (at the time of writing this has not yet been done).

Details on the pesticides concerned, and their current status within the EU, are as follows:

Carbendazim + benomyl and thiophanate methyl

Carbendazim (carbendazim + benomyl) and thiophanate-methyl are no longer authorised for use in EU as no application was made by the manufacturers for their reapproval. When substances are not reapproved, MRLs are set to the LoQ, except on products for which an MRL based on uses outside the EU (an import tolerance) is considered safe in a risk assessment carried out by EFSA. Import tolerances were in place for these two substances in citrus fruits, mangoes, papayas and okra/lady’s fingers.

In 2024, following a review of these MRLs by EFSA that identified acute risks to consumer health, the European Commission proposed reducing these MRLs to the LOQ for some of the import tolerances:

• Carbendazim in grapefruits, oranges, papayas and mangoes
• Thiophanate-methyl in grapefruits, oranges, mandarins, papayas and mangoes.

For the other existing import tolerances for other foods, EFSA concluded that there is no risk for consumers and MRLs should remain, based on the good agricultural practices (GAPs) from third countries:

• Carbendazim in lemons, limes, mandarins and okra/lady’s fingers
• Thiophanate-methyl in lemons, limes and okra/lady’s fingers.

However, this 2024 proposal was rejected as a whole by the European Parliament because it objected to the setting of import tolerance MRLs for certain foods (see AGRINFO Platform). The Parliament noted the public health risks associated with these substances, and also argued that allowing residues on imported foods for pesticides banned in the EU puts EU farmers at a competitive disadvantage. The Parliament’s objection prevented the Commission from adopting this proposal, meaning that all the existing import tolerance MRLs continue to apply.

In February 2025, the Commission issued a new draft proposal to lower the MRLs to the LoQ on the products where EFSA identified acute consumer health risks (carbendazim – AGRINFO Platform and thiophanate-methyl – AGRINFO Platform). Adoption was originally planned for 2025, but is currently on hold pending ongoing discussions within the Commission (see European Commission). Due to the high risk, the new MRLs would apply 3 months after publication, rather than the usual 6 months (see European Commission).

Discussions on the remaining import tolerances, where EFSA (2021) did not identify risks for consumer health, are also ongoing.

Mancozeb

Mancozeb belongs to the dithiocarbamates group that also includes maneb, metiram, propineb, thiram, and ziram. In most cases MRLs are set for the group as a whole. While not approved for use in the EU, several import tolerance MRLs for the dithiocarbamates remain in place.

In 2024, the European Commission informed the WTO that it intends to amend the MRLs for dithiocarbamates in a wide range of products (G/SPS/N/EU/788). Details on the proposed changes and products affected are given here: AGRINFO Platform.

EFSA (EFSA 2023) has reviewed the MRLs for dithiocarbamates. The analytical method used to quantify these substances is based on their conversion into carbon disulphide (CS2). CS2 can occur naturally in some plants, and EFSA used monitoring data from organic products to identify the natural CS2 content in certain plants, which is unrelated to (and should not be confused with) the use of pesticides.

The Commission proposes setting the MRLs at the LoQ for products where the use of dithiocarbamates is not authorized in the EU, and if no import tolerances or Codex MRLs (CXLs) exist. For products where CXLs or import tolerances exist and are considered safe, the Commission proposes adjusting the MRLs accordingly.

As limited data is currently available for certain products, further evaluations and potential adjustments are still ongoing. Adoption of this proposal was originally planned for 2025 but is on hold pending further discussions within the Commission (see European Commission).

Against this background, there is a legal dispute around the European Commission´s decision not to renew the approval of mancozeb. The decision was based on a European Chemicals Agency (ECHA) opinion, and has been challenged by EU producers who argue that it is based on flawed science and procedural errors, and is reliant on an opinion that is not legally binding. This dispute is ongoing.

Glufosinate

Glufositate has not been approved for use in the EU since July 2018 as no application was made by the manufacturer for its reapproval. It is identified as a candidate for substitution.

Import tolerance MRLs currently remain in place for a number of products. Only one of these products is included in the French Decree: the MRL on potato will be reduced to the LoQ, while the EU import tolerance MRL applicable in the rest of the EU remains at 0.3mg/kg for other foods (see EU-pesticides-database).

TABLE 1: List of food-pesticide combinations subject to the prohibition (Article 1 of the French Order)

This activity is supported by the Fit For Market Plus (FFM+) programme, implemented by COLEAD within the Framework of Development Cooperation between the Organisation of African, Caribbean and Pacific States (OACPS) and the European Union. This publication receives financial support from the European Union and the OACPS. The content of this publication is the sole responsibility of COLEAD and can in no way be taken to reflect the views of the European Union or the OACPS.