<p><a target="_blank" rel="nofollow" href="http://archive.bio.ed.ac.uk/jdeacon/FungalBiology/fig17_7.jpg">http://archive.bio.ed.ac.uk/jdeacon/FungalBiology/fig17_7.jpg</a></p> <p>According to a communication from the European Commission DG SANTE on 23 September, the Commission services have decided to present a draft act amending the period during which the temporary MRLs set for fosetyl-Al in almonds, cashew nuts, hazelnuts, macadamias, pistachios, and walnuts are applicable until 1 March 2019, at the current level of 75 mg/kg. <br></p> <p>The decision was adopted after taking into account information received from stakeholders as well as the views of Member States expressed during the meeting of the Standing Committee on Plant, Animals, Food and Feed on 21-22 September 2015. <br></p> <p>The draft act is still subject to consultation with other Commission services, vote in the Standing Committee, and scrutiny of the European Council and Parliament, before the Commission can formally adopt it.<b> <br></b></p> <p>Background</p> <p>It was in November 2013 that the presence of fosetyl-Al residues were found on tree nuts exceeding the EU MRL of 2 mg/kg. As stated in Regulation (EC) No. 396/2005, the product had to be taken off the shelves. <br></p> <p>On 23 September 2014, the European Commission issued theCommission Regulation No 991/2014 as regards maximum residue levels for fosetyl in or on certain products. This regulation set a temporary MRL of 75 mg/kg for almonds, cashews, hazelnuts, macadamias, pistachios and walnuts, stone fruits, blueberries and other commodities during a temporary period from 24 September 2014 until 31 December 2015. <br></p> <p>The temporary MRL was adopted in order to avoid significant market disruptions in the trade and to find a solution to prevent the occurrence of phosphonate residues in future growing seasons.</p><p>The European Food Safety Authority (EFSA) also concluded that the proposed temporary MRLs were unlikely to pose a consumer health risk.<b> <br></b></p> <p>INC Actions</p> <p>Since 2013, INC has been actively working with national associations of producers and traders, European and foreign trade organizations, and industry-related associations to seek a solution. </p> <p>In response to variability of lab results, INC collected tree nut samples (almonds, pistachios, and walnuts) from the main producing countries: samples from the Northern (USA, Iran, Spain, Italy) and Southern hemisphere (Chile, Australia), treated and non-treated with fosetyl-Al. <br></p> <p>The fosetyl-Al and phosphorous acid residues of the samples were quantified by different laboratories in Europe and in the US by means of different methodologies, both European (CVUA-Stuttgart V.7 and V.8.1) and US (FDA-USDA) methodologies, in order to compare results between methods and laboratories. The results showed big differences between methods and also between laboratories.<br></p><p>EU defines the MRL of fosetyl-Al as the sum of fosetyl, phosphorus acid and their salts expressed as fosetyl. No fosetyl was detected in any sample, due to its rapid cleavage into phosphonic acid. However, phosphonate residues were detected not only in samples treated with fosetyl-Al but also in samples treated with phosphonate fertilizer. <br></p> <p>In conclusion, the lack of resolution combined with the fosetyl-Al MRL definition can cause erroneous product rejections.</p><p>INC submitted a position letter with the results of the analyses to the European Commission ahead of the 21-22 September meeting of the Standing Committee on Plants, Animals, Food and Feed. <br></p> <p>In addition, INC submitted to the Commission statistical data on production, imports and consumption of tree nuts. In 2013, for instance, the production of tree nuts in Europe covered less than 15%, 6%, and 31% of the EU demand for almonds, pistachios, and walnuts respectively. </p> <p>Over the last months, INC has sent several communications to the Commission in a combined action with other stakeholders. INC also encouraged industry leaders and national associations to coordinate efforts.<br></p>