Commission Directive 2005/74/EC of 25 October 2005 amending Council Directive 90/642/EEC as regards the maximum residue levels of ethofumesate, lambda-cyhalothrin, methomyl, pymetrozine and thiabendazole fixed therein (Text with EEA relevance)
Commission Directive 2005/74/ECof 25 October 2005amending Council Directive 90/642/EEC as regards the maximum residue levels of ethofumesate, lambda-cyhalothrin, methomyl, pymetrozine and thiabendazole 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 2005/48/EC (OJ L 219, 24.8.2005, p. 29)., 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 Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 70, 16.3.2005, p. 1)., 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 for pesticides should be kept under review. They may be changed to take account of new uses, new information and data.(4)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.(5)Information on new or changed uses of certain pesticides covered by Directive 90/642/EEC has been notified to the Commission. This concerns ethofumesate, lambda-cyhalothrin, methomyl, pymetrozine and thiabendazoleIn the case of lambda-cyhalothrin, methomyl and pymetrozine, for which an acute reference (ARfD) dose exists, the acute exposure of consumers 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. The intake assessment of lambda-cyhalothrin, methomyl and pymetrozine shows, that by setting the MRLs concerned, ARfD will not be exceeded. In the case of ethofumesate and thiabendazol, an assessment of the available information has shown that no ARfD is required and that therefore a short-term assessment is not needed.(6)Therefore it is appropriate to fix new maximum levels for residues of those pesticides.(7)In the light of technological and scientific developments, it may be appropriate to set specific MRLs for products which are relatively new in the Community, such as "Papaya" and "Cassava." The list of examples within the groups specified in Annex I to Directive 90/642/EEC should therefore be amended accordingly.(8)The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for ethofumesate 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.(9)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 item "papaya" is added to Annex I to Directive 90/642/EEC under the category 1(vi) miscellaneous fruit between the items "Olives" and "Passion fruit". The item "Cassava" is added to Annex I to Directive 90/642/EEC under the category 2(i) root and tuber vegetables between the items "Carrots" and "Celeriac".
Article 2Directive 90/642/EEC is amended as follows:1.In Annex II, the maximum levels for pesticide residues of ethofumesate, lambda-cyhalothrin, methomyl, pymetrozine, and thiabendazole are replaced by those in Annex I to this Directive.2.In Annex II, maximum levels for pesticide residues of ethofumesate are added as set out in Annex II to this Directive.
Article 31.Member States shall adopt and publish, by 26 April 2006 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 27 April 2006.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 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 5This Directive is addressed to the Member States.
Done at Brussels, 25 October 2005.For the CommissionMarkos KyprianouMember of the CommissionANNEX IFor the ease of the reader the changed MRL values are indicated as underlined.
Indicates lower limit of analytical determination.Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.
Groups and examples of individual products to which the MRLs would applyPymetrozineLambda-cyhalothrinEthofumesate (sum of ethofumesate and the metabolite 2,3-dihydro-3,3-dimethyl-2-oxo-benzofuran-5-yl methane sulphonate expressed as ethofumesate)Methomyl/Thiodicarb (sum expressed as methomyl)Thiabendazole
1.Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts0,05
(i)CITRUS FRUIT0,35
Grapefruit0,10,5
Lemons0,21
Limes0,21
Mandarins (including clementines and other hybrids)0,21
Oranges0,10,5
Pomelos0,10,5
Others0,020,05
(ii)TREE NUTS (shelled or unshelled)0,020,050,050,1
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)POME FRUIT0,020,10,2
Apples5
Pears5
Quinces
Others0,05
(iv)STONE FRUIT0,05
Apricots0,050,20,2
Cherries0,1
Peaches (including nectarines and similar hybrids)0,050,20,2
Plums0,5
Others0,020,10,05
(v)BERRIES AND SMALL FRUIT0,020,05
(a)Table and wine grapes0,2
Table grapes0,05
Wine grapes1
(b)Strawberries (other than wild)0,50,05
(c)Cane fruit (other than wild)0,020,05
Blackberries
Dewberries
Loganberries
Raspberries
Others
(d)Other small fruit and berries (other than wild)0,05
Bilberries
Cranberries
Currants (red, black and white)0,1
Gooseberries0,1
Others0,02
(e)Wild berries and wild fruit0,20,05
(vi)MISCELLANEOUS0,020,020,05
Avocados15
Bananas5
Dates
Figs
Kiwi
Kumquats
Litchis
Mangoes5
Olives
Papaya10
Passion fruit
Pineapples
Pomegranate
Others0,05
2.Vegetables, fresh or uncooked, frozen or dry
(i)ROOT AND TUBER VEGETABLES0,02
Beetroot0,1
Carrots
Cassava15
Celeriac0,1
Horseradish
Jerusalem artichokes
Parsnips
Parsley root
Radishes0,10,5
Salsify
Sweet potatoes15
Swedes
Turnips
Yam15
Others0,020,050,050,05
(ii)BULB VEGETABLES0,020,050,050,05
Garlic
Onions
Shallots
Spring onions0,05
Others0,02
(iii)FRUITING VEGETABLES0,050,05
(a)Solanacea
Tomatoes0,50,10,5
Peppers10,10,2
Aubergines0,50,50,5
Others0,020,020,05
(b)Cucurbits — edible peel0,50,10,05
Cucumbers
Gherkins
Courgettes
Others
(c)Cucurbits-inedible peel0,20,050,05
Melons
Squashes
Watermelons
Others
(d)Sweet corn0,020,050,05
(iv)BRASSICA VEGETABLES0,05
(a)Flowering brassica0,020,1
Broccoli (including Calabrese)0,25
Cauliflower
Others0,050,05
(b)Head brassica0,050,05
Brussels sprouts0,05
Head cabbage0,050,2
Others0,020,02
(c)Leafy brassica10,050,05
Chinese cabbage
Kale0,1
Others0,02
(d)Kohlrabi0,020,020,050,05
(v)LEAF VEGETABLES AND FRESH HERBS0,05
(a)Lettuce and similar110,05
Cress
Lamb's lettuce
Lettuce2
Scarole (broad-leaf endive)
Others0,05
(b)Spinach and similar0,020,50,052
Spinach
Beet leaves (chard)
Others
(c)Water cress0,020,020,050,05
(d)Witloof0,020,020,050,05
(e)Herbs1112
Chervil
Chives
Parsley
Celery leaves
Others
(vi)LEGUME VEGETABLES (fresh)0,020,050,050,05
Beans (with pods)0,2
Beans (without pods)0,02
Peas (with pods)0,2
Peas (without pods)0,2
Others0,02
(vii)STEM VEGETABLES (fresh)0,020,050,050,05
Asparagus
Cardoons
Celery0,3
Fennel
Globe artichokes
Leek0,3
Rhubarb
Others0,02
(viii)FUNGI0,020,050,05
(a)Cultivated mushrooms0,0210
(b)Wild mushrooms0,50,05
3.Pulses0,020,020,050,050,05
Beans
Lentils
Peas
Others
4.Oilseeds0,020,10,05
Linseed
Peanuts0,1
Poppy seed
Sesame seed
Sunflower seed
Rape seed
Soya bean0,1
Mustard seed
Cotton seed0,050,1
Others0,020,05
5.Potatoes0,020,020,050,05
Early potatoes0,05
Ware potatoes15
6.Tea (dried leaves and stalks, fermented or other-wise, Camellia sinensis)0,110,10,10,1
7.Hops (dried), including hop pellets and unconcentrated powder5100,1100,1
ANNEX II
Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.
Pesticide residue and maximum residue level (mg/kg)
Groups and examples of individual products to which the MRLs would applyEthofumesate (sum of ethofumesate and the metabolite 2,3-dihydro-3,3-dimethyl-2-oxo-benzofuran-5-yl methane sulphonate expressed as ethofumesate)
8.Spices0,5
Cumin seed
Juniper seed
Nutmeg
Pepper, black and white
Vanilla pods
Others