Commission Directive 2004/115/EC of 15 December 2004 amending Council Directive 90/642/EEC as regards the maximum levels for certain pesticide residues fixed thereinText with EEA relevance
Modified by
  • Regulation (EC) No 396/2005 of the European Parliament and of the Councilof 23 February 2005on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC(Text with EEA relevance), 32005R0396, March 16, 2005
Corrected by
  • Corrigendum to Commission Directive 2004/115/EC of 15 December 2004 amending Council Directive 90/642/EEC as regards the maximum levels for certain pesticide residues fixed therein, 32004L0115R(01), January 7, 2005
  • Corrigendum to Commission Directive 2004/115/EC of 15 December 2004 amending Council Directive 90/642/EEC as regards the maximum levels for certain pesticide residues fixed therein, 32004L0115R(02), March 18, 2005
Commission Directive 2004/115/ECof 15 December 2004amending Council Directive 90/642/EEC as regards the maximum levels for certain pesticide residues fixed therein(Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetablesOJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2004/95/EC (OJ L 301, 28.9.2004, p. 42)., and in particular Article 7 thereof,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the marketOJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2004/99/EC (OJ L 309, 6.10.2004, p. 6)., and in particular Article 4(1)(f) thereof,Whereas:(1)In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations are required to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.(2)Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.(3)MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residue in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data.(4)MRLs for pesticides should be kept under review. They may be changed to take account of new uses, new information and data.(5)Information on new or changed uses of certain pesticides covered by Directive 90/642/EEC have been notified to the Commission.(6)The lifetime exposure of consumers to these pesticides via food products that may contain residues of these pesticides, has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health OrganisationGuidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).. It has been calculated that the MRLs concerned will ensure that the acceptable daily intakes are not exceeded.(7)Where appropriate, the acute exposure of consumers to these pesticides via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the European Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee for Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides, have been taken into account.(8)Therefore it is appropriate to fix new maximum levels for residues of those pesticides.(9)Directive 90/642/EEC should therefore be amended accordingly.(10)The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for the substances concerned in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto. It is considered that a period of four years is sufficient to permit further uses of the active substance concerned. The provisional MRL should then become definitive.(11)The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:
Article 1The maximum pesticide residue levels for methomyl, thiodicarb, myclobutanil, maneb group, fenpropimorph, metalaxyl, metalaxyl-m, penconazole, iprovalicarb, azoxystrobin and fenhexamid in Annex II to Directive 90/642/EEC are replaced by those in the Annex to this Directive.
Article 21.Member States shall adopt and publish, by 22 June 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.They shall apply these provisions from 23 June 2005.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 4This Directive is addressed to the Member States.
nullANNEX
Pesticide residues and maximum residue levels (mg/kg)indicates lower limit of analytical determination.indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from [4 years from date of coming into force of the Directive introducing this amendment].1.Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts(v)BERRIES AND SMALL FRUIT2.Vegetables, fresh or uncooked, frozen or dry
Groups and examples of individual products to which the MRLs applyMethomyl/ Thiodicarb(sum expressed as methomyl)MyclobutanilManeb, mancozeb, metiram, propineb, zineb(sum expressed as CS2)FenpropimorphMetalaxyl including other mixtures of constituent isomers including metalaxyl-m(sum of isomers)PenconazoleIprovalicarbAzoxystrobinFenhexamid
(i)CITRUS FRUIT350,050,50,050,0510,05
Grapefruit0,5
Lemons1
Limes1
Mandarins (including clementines and other hybrids)1
Oranges0,5
Pomelos0,5
Others0,05
(ii)TREE NUTS (shelled or unshelled)0,050,050,10,050,050,050,050,10,05
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)POME FRUIT0,20,530,0510,20,050,050,05
Apples
Pears
Quinces
Others
(iv)STONE FRUIT0,050,050,050,05
Apricots0,20,320,15
Cherries0,1115
Peaches (including nectarines and similar hybrids)0,20,520,15
Plums0,50,511
Others0,050,020,050,050,05
(a)Table and wine grapes120,050,2225
Table grapes0,052
Wine grapes11
(b)Strawberries (other than wild)0,051210,50,050,0525
(c)Cane fruit (other than wild)0,050,0510,050,050,0510
Blackberries13
Dewberries
Loganberries
Raspberries13
Others0,020,05
(d)Other small fruit and berries (other than wild)0,0510,050,050,055
Bilberries
Cranberries
Currants (red, black and white)150,5
Gooseberries15
Others0,020,050,05
(e)Wild berries and wild fruit0,050,020,050,050,050,050,050,050,05
(vi)MISCELLANEOUS0,050,050,050,05
Avocados
Bananas222
Dates
Figs
Kiwi10
Kumquats
Litchis
Mangoes
Olives5
Passion fruit
Pineapples
Papaya
Others0,020,050,050,050,05
(i)ROOT AND TUBER VEGETABLES0,050,050,050,05
Beetroot
Carrots0,20,20,10,2
Celeriac0,20,3
Horseradish0,20,2
Jerusalem artichokes
Parsnips0,20,10,2
Parsley root0,20,2
Radishes0,52
Salsify0,20,2
Sweet potatoes
Swedes
Turnips
Yam
Others0,050,020,050,050,05
(ii)BULB VEGETABLES0,050,020,050,050,05
Garlic0,50,5
Onions0,50,50,1
Shallots0,50,5
Spring onions10,22
Others0,050,050,050,05
(iii)FRUITING VEGETABLES0,05
(a)Solanacea0,052
Tomatoes0,50,330,211
Peppers0,50,52
Aubergines0,50,31
Others0,050,0220,050,050,05
(b)Cucurbits - edible peel0,050,10,0511
Cucumbers0,50,50,1
Gherkins20,1
Courgettes20,1
Others0,050,050,05
(c)Cucurbits-inedible peel0,050,20,50,10,50,05
Melons0,20,2
Squashes
Watermelons0,20,2
Others0,050,05
(d)Sweet corn0,050,020,050,050,050,050,050,05
(iv)BRASSICA VEGETABLES0,020,050,050,05
(a)Flowering brassica10,050,1
Broccoli0,20,5
Cauliflower0,5
Others0,050,05
(b)Head brassica0,051
Brussels sprouts0,50,1
Head cabbage10,3
Others0,050,050,05
(c)Leafy brassica0,050,055
Chinese cabbage
Kale20,2
Others0,50,05
(d)Kohlrabi0,050,10,050,050,2
(v)LEAF VEGETABLES & FRESH HERBS0,050,05
(a)Lettuce and similar513
Cress
Lamb's lettuce5
Lettuce2230
Scarole1
Others0,050,020,050,05
(b)Spinach and similar20,020,050,050,050,050,05
Spinach
Beet leaves (chard)
Others
(c)Water cress0,050,020,30,050,050,050,05
(d)Witloof0,050,020,20,30,050,20,05
(e)Herbs20,02510,0530,05
Chervil
Chives
Parsley
Celery leaves
Others
(vi)LEGUME VEGETABLES (fresh)0,050,020,050,050,050,050,05
Beans (with pods)11
Beans (without pods)0,10,2
Peas (with pods)10,5
Peas (without pods)0,10,2
Others0,050,05
(vii)STEM VEGETABLES (fresh)0,050,050,05
Asparagus
Cardoons
Celery0,55
Fennel
Globe artichokes0,50,21
Leek30,50,20,1
Rhubarb
Others0,020,050,050,050,050,05
(viii)FUNGI0,050,020,050,050,050,050,050,050,05
(a)Cultivated mushrooms
(b)Wild mushrooms
3.Pulses0,050,020,050,050,050,050,050,10,05
Beans
Lentils
Peas
Others
4.OIL SEED0,050,050,10,050,10,1
Linseed
Peanuts0,1
Poppy seeds
Sesame seed
Sunflower seed
Rape seed0,50,5
Soya bean0,10,5
Mustard seed
Cotton seed0,1
Others0,050,10,05
5.Potatoes0,050,020,10,050,050,050,050,050,05
Early potatoes
Ware potatoes
6.TEA (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)0,10,050,10,10,10,10,10,10,1
7.HOPS (dried), including hop pellets and unconcentrated powder1022510100,50,1200,1