Tighter Regulation and Improving Knowledge Among Input Suppliers Could be Key to Maintaining Kenyan Access to EU Horticulture Markets

Summary
The EU import ban on Kenyan exports of sugar snap and mange tout pea varieties has been lifted after 5 years. EFSA pesticide compliance analysis reveals the inclusion of new residue categories can lead to lower compliance levels in the following reporting period, as farm practices take time to adjust. The ‘time lag’ in revising pesticide application practices is most noticeable on imports form non-EU/non-EEA countries. This suggests a strengthening of regulatory requirements for pesticide traders and importers and the establishment of structured dialogues between government, importers, rural traders and farmers could play a role in ensuring EU markets remain open to all Kenyan horticultural exports.

In 2013 the EU found Kenyan pea exports were exceeding the minimum residue level (MRL) for certain pesticides and consequently banned imports. However on the 24th August 2018 after five years the EU ban was lifted on exports of the sugar snap and mange tout varieties. This followed sustained efforts by Kenyan farmers to bring their pesticide application practices in line with evolving EU requirements. The frequency of inspections of Kenyan pea exports has reportedly been lowered from 10% to 5%, with consequent savings on inspection fees (1).

This needs to be seen against the background of the stringency of EU SPS controls in general and pesticide residue controls in particular. These controls are some of the strictest in the world. In its latest annual report the European Food Safety Agency (EFSA) found that in food tested ‘more than 96% of food is within legal limits for pesticide residues’, with ‘around 51% of samples analysed…free from any quantifiable residue’ . However this is a slight decline in compliance levels with ‘levels of 97.2% and 53.3% respectively in the prior reporting period’. According to the EFSA this difference in the compliance level attained was a result of ‘the inclusion of chlorate residues, a compound first included in the 2016 data’ (2).

The review report (based on 2016 data) found ‘food from countries outside the EU and European Economic Area were more likely to have pesticide residues in excess of legal limits’, with the legal limits being ‘exceeded in 2.4% of samples for products from the EU and EEA countries’ and ‘7.2% of the samples from non-EU countries’.

Comments and Analysis
The reduced level of overall compliance attributed to a modification of MRL requirements suggests a time lag between changes in EU MRL requirements and changes in the farming practices required to bring production into line with MRL requirements. This ‘time lag’ factor could account for the poorer compliance rate of products originating in non-EU and non-EEA countries such as Kenya.It would appear as if in 2013 Kenyan producers of sugar snap and mange tout pea varieties were caught out by changes to EU MRL requirements. Smallholder farmers are particularly vulnerable since they rely on traders and importers who may not themselves be fully aware of changes in EU MRL requirements or who may give greater priority to the disposal of accumulated stocks of pesticide, which themselves may be inflated by sales offers from EU companies wishing to dispose of stocks which will shortly be prohibited in the EU.In this context a strengthening of regulatory requirements for trading in pesticides and structured dialogues between government, importers, rural traders and farmers would appear to be required to shorten the ‘time lag’ between changes in EU pesticide residue requirements and changes in farming practices required to bring export production in line with EU requirements.In order to keep EU markets open to all Kenyan horticultural exports an emphasis  on strengthening information flows to bring input suppliers into efforts to maintain compliance with evolving EU pesticide residue  requirements and increasing enforcement and penalties for the false sale of pesticides would appear to be required.

Sources
(1) Freshplaza.com, ‘European Union lifts 5-year ban on Kenyan peas’, 27 August 2018
http://www.freshplaza.com/article/2200196/european-union-lifts-year-ban-on-kenyan-peas/
(2) Foodnavigator.com, ‘EU food chain most stringent in the world: EFSA hails high pesticide residue compliance
https://www.foodnavigator.com/Article/2018/08/10/EU-food-chain-most-stringent-in-the-world-EFSA-hails-high-pesticide-residue-compliance