Commission Directive 2005/76/EC of 8 November 2005 amending Council Directives 90/642/EEC and 86/362/EEC as regards the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin fixed therein (Text with EEA relevance)
Commission Directive 2005/76/ECof 8 November 2005amending Council Directives 90/642/EEC and 86/362/EEC as regards the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin 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 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cerealsOJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2005/48/EC (OJ L 219, 24.8.2005, p. 29)., and in particular Article 10 thereof,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 Directive 2005/48/EC., 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 2005/34/EC (OJ L 125, 18.5.2005, p. 5)., 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 have 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 residues 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 and Directive 86/362/EEC has been notified to the Commission. This concerns kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin.(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 intake is not exceeded.(7)An assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.(8)Therefore it is appropriate to fix new maximum levels for residues of those pesticides.(9)The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for metalaxyl 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 metalaxyl or metalaxyl-M. The provisional Community MRL should then become definitive.(10)Directives 90/642/EEC and 86/362/EEC should therefore be amended accordingly.(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 1Part A of Annex II to Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
Article 2Part A of Annex II to Directive 90/642/EEC is amended in accordance with Annex II to this Directive.
Article 31.Member States shall adopt and publish, by 9 May 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 those provisions from 10 May 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, 8 November 2005.For the CommissionMarkos KyprianouMember of the CommissionANNEX IIn part A of Annex II to Directive 86/362/EEC, the line for metalaxyl is replaced by the following:
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."
Pesticide residueMaximum level in mg/kg
"Metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)0,05CEREALS
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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."ANNEX IIIn part A of Annex II to Directive 90/642/EEC, the lines for kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin are replaced by the following:
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.""1.Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts2.Vegetables, fresh or uncooked, frozen or dry
Pesticide residue and maximum residue level (mg/kg)
Groups and examples of individual products to which the MRLs would applyKresoximmethylCyromazineBifenthrinMetalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)Azoxystrobin
(i)CITRUS FRUIT0,050,050,10,51
Grapefruit
Lemons
Limes
Mandarins (including clementines and other hybrids)
Oranges
Pomelos
Others
(ii)TREE NUTS (shelled or unshelled)0,10,050,050,050,1
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)POME FRUIT0,20,050,310,05
Apples
Pears
Quinces
Others
(iv)STONE FRUIT0,050,050,20,050,05
Apricots
Cherries
Peaches (including nectarines and similar hybrids)
Plums
Others
(v)BERRIES AND SMALL FRUIT0,05
(a)Table and wine grapes10,22
Table grapes2
Wine grapes1
(b)Strawberries (other than wild)10,50,52
(c)Cane fruit (other than wild)0,050,05
Blackberries0,33
Dewberries
Loganberries
Raspberries0,33
Others0,050,05
(d)Other small fruit and berries (other than wild)0,050,05
Bilberries
Cranberries
Currants (red, black and white)10,5
Gooseberries1
Others0,050,05
(e)Wild berries and wild fruit0,050,050,050,05
(vi)MISCELLANEOUS0,050,05
Avocados
Bananas0,12
Dates
Figs
Kiwi
Kumquats
Litchis
Mangoes0,2
Olives0,2
Papaya0,2
Passion fruit
Pineapples
Pomegranate
Others0,050,050,05
(i)ROOT AND TUBER VEGETABLES0,050,05
Beetroot
Carrots10,10,2
Cassava
Celeriac0,3
Horseradish0,10,2
Jerusalem artichokes
Parsnips0,10,2
Parsley root0,2
Radishes0,10,2
Salsify0,2
Sweet potatoes
Swedes
Turnips
Yam
Others0,050,050,05
(ii)BULB VEGETABLES0,050,050,05
Garlic0,5
Onions0,5
Shallots0,5
Spring onions0,22
Others0,050,05
(iii)FRUITING VEGETABLES
(a)Solanacea10,22
Tomatoes0,50,2
Peppers10,5
Aubergines0,5
Others0,050,05
(b)Cucurbits — edible peel0,0510,11
Cucumbers0,5
Gherkins
Courgettes
Others0,05
(c)Cucurbits — inedible peel0,20,050,5
Melons0,30,2
Squashes
Watermelons0,30,2
Others0,050,05
(d)Sweet corn0,050,050,050,050,05
(iv)BRASSICA VEGETABLES0,050,05
(a)Flowering brassica0,20,10,5
Broccoli (including Calabrese)
Cauliflower
Others
(b)Head brassica10,3
Brussels sprouts
Head cabbage1
Others0,05
(c)Leafy brassica0,055
Chinese cabbage
Kale0,2
Others0,05
(d)Kohlrabi0,050,050,2
(v)LEAF VEGETABLES AND FRESH HERBS0,05
(a)Lettuce & similar1523
Cress
Lamb’s lettuce
Lettuce2
Scarole (broad-leaf endive)1
Others0,05
(b)Spinach & similar0,050,050,050,05
Spinach
Beet leaves (chard)
Others
(c)Water cress0,050,050,050,05
(d)Witloof0,050,050,30,2
(e)Herbs150,0513
Chervil
Chives
Parsley
Celery leaves
Others
(vi)LEGUME VEGETABLES (fresh)0,050,05
Beans (with pods)50,51
Beans (without pods)0,2
Peas (with pods)50,10,5
Peas (without pods)0,2
Others0,050,050,05
(vii)STEM VEGETABLES (fresh)0,05
Asparagus
Cardoons
Celery25
Fennel
Globe artichokes21
Leek50,20,1
Rhubarb
Others0,050,050,050,05
(viii)FUNGI0,050,050,050,05
(a)Cultivated mushrooms5
(b)Wild mushrooms0,05
3.Pulses0,050,050,050,050,1
Beans
Lentils
Peas
Others
4.Oilseeds0,10,050,10,1
Linseed
Peanuts
Poppy seed
Sesame seed
Sunflower seed
Rape seed0,5
Soya bean0,5
Mustard seed
Cotton seed
Others0,05
5.Potatoes0,0510,050,050,05
Early potatoes
Ware potatoes
6.Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)0,10,0550,10,1
7.Hops (dried), including hop pellets and unconcentrated powder0,10,05101020
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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."