Commission Directive 2006/30/EC of 13 March 2006 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for the benomyl group (Text with EEA relevance)
Commission Directive 2006/30/ECof 13 March 2006amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for the benomyl group(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 2006/4/EC (OJ L 23, 27.1.2006, p. 69)., and in particular Article 10 thereof,Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal originOJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2005/70/EC (OJ L 276, 21.10.2005, p. 35)., 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 Commission Directive 2006/9/EC (OJ L 22, 26.1.2006, p. 24)., and in particular Article 7 thereof,Whereas:(1)In the case of cereals and products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. In the case of foodstuffs of animal origin, residue levels reflect the consumption by animals of cereals and products of plant origin treated with pesticides, and where relevant, the direct consequences of the use of veterinary medicines. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.(2)MRLs for pesticides are kept under review and changed to take account of new information and data. 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 by the necessary data.(3)Several Member States informed the Commission of their desire to revise national MRLs in accordance with Article 8 of Directive 90/642/EEC, in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission.(4)The lifetime and short-term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, 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).. On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.(5)The acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the new MRLs will not cause acute toxic effects.(6)Through the World Trade Organisation, the Community’s trading partners have been consulted about the new MRLs and their comments on these levels have been taken into account.(7)The Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.(8)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 REGULATION:
Article 1In Annex I to Directive 90/642/EEC in category "2. Vegetables, fresh or uncooked, frozen or dry, (iii) Fruiting vegetables, (a) Solanacea", the entry "okra" is added between the entries "aubergine" and "others".
Article 2Part A of Annex II to Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
Article 3Part B of Annex II to Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
Article 4Part A of Annex II to Directive 90/642/EEC is amended in accordance with Annex III to this Directive.
Article 51.Member States shall adopt and publish, by 14 September 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 15 September 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 6This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 7This Directive is addressed to the Member States.
Done at Brussels, 13 March 2006.For the CommissionMarkos KyprianouMember of the CommissionANNEX IIn part A of Annex II to Directive 86/362/EEC the lines for benomyl, carbendazim and thiophanate-methyl are replaced by the following:
Indicates lower limit of analytical determination."
Pesticide residueMaximum level in mg/kg
"Benomyl and carbendazim, expressed as carbendazim2Barley2Oats0,1Rye0,1Triticale0,1Wheat0,01Cereal others
Thiophanate-methyl0,3Barley0,3Oats0,05Rye0,05Triticale0,05Wheat0,01Cereal others
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Indicates lower limit of analytical determination."ANNEX IIIn part B of Annex II to Directive 86/363/EEC the rows for benomyl, carbendazim and thiophanate–methyl are replaced by the following:
Indicates lower limit of analytical determination."
Pesticide residueMaximum level (mg/kg)
Of meat, including fat, preparations of meat, offal and animal fats as listed in Annex I within CN codes 0201, 0202, 0203, 0204, 02050000, 0206, 0207, ex0208, 020900, 0210, 160100 and 1602For milk and milk products listed in Annex I within CN codes 0401, 0402, 040500 and 0406Of shelled fresh eggs, for bird’s eggs and egg yolks listed in Annex I within CN codes 040700 and 0408
"Carbendazim and thiophanate-methyl, expressed as carbendazim0,050,050,05
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Indicates lower limit of analytical determination."ANNEX IIIIn part A of Annex II to Directive 90/642/EEC, the column for the benomyl group is replaced by the following:
Indicates lower limit of analytical determination.""1.Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts2.Vegetables, fresh or uncooked, frozen or dry4.Oil seeds
Pesticide residue and maximum residue level
Groups and examples of individual products to which the MRLs would applySum of benomyl and carbendazim, expressed as carbendazimThiophanate-methyl
(i)CITRUS FRUIT0,10,1
Grapefruit
Lemons
Limes
Mandarins (including clementines and other hybrids)
Oranges
Pomelos
Others
(ii)TREE NUTS (shelled or unshelled)0,10,2
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)POME FRUIT0,20,5
Apples
Pears
Quinces
Others
(iv)STONE FRUIT
Apricots0,22
Cherries0,50,3
Peaches (including nectarines and similar hybrids)0,22
Plums0,50,3
Others0,10,1
(v)BERRIES AND SMALL FRUIT
(a)Table and wine grapes
Table grapes0,30,1
Wine grapes0,53
(b)Strawberries (other than wild)0,10,1
(c)Cane fruit (other than wild)0,10,1
Blackberries
Dewberries
Loganberries
Raspberries
Others
(d)Other small fruit and berries (other than wild)0,10,1
Bilberries
Cranberries
Currants (red, black and white)
Gooseberries
Others
(e)Wild berries and wild fruit0,10,1
(vi)MISCELLANEOUS0,10,1
Avocados
Bananas
Dates
Figs
Kiwi
Kumquats
Litchis
Mangoes
Olives
Papaya
Passion fruit
Pineapples
Pomegranate
Others
(i)ROOT AND TUBER VEGETABLES0,10,1
Beetroot
Carrots
Cassava
Celeriac
Horseradish
Jerusalem artichokes
Parsnips
Parsley root
Radishes
Salsify
Sweet potatoes
Swedes
Turnips
Yam
Others
(ii)BULB VEGETABLES0,10,1
Garlic
Onions
Shallots
Spring onions
Others
(iii)FRUITING VEGETABLES
(a)Solanacea
Tomatoes0,52
Peppers
Aubergines0,52
Okra21
Others0,10,1
(b)Cucurbits — edible peel0,10,1
Cucumbers
Gherkins
Courgettes
Others
(c)Cucurbits — inedible peel0,10,3
Melons
Squashes
Watermelons
Others
(d)Sweetcorn0,10,1
(iv)BRASSICA VEGETABLES
(a)Flowering brassica0,10,1
Broccoli (including Calabrese)
Cauliflower
Others
(b)Head brassica
Brussels sprouts0,51
Head cabbage
Others0,10,1
(c)Leafy brassica0,10,1
Chinese cabbage
Kale
Others
(d)Kohlrabi0,10,1
(v)LEAF VEGETABLES AND FRESH HERBS0,10,1
(a)Lettuce and similar
Cress
Lamb's lettuce
Lettuce
Scarole (broadleaf endive)
Others
(b)Spinach and similar
Spinach
Beet leaves (chard)
Others
(c)Watercress
(d)Witloof
(e)Herbs
Chervil
Chives
Parsley
Celery leaves
Others
(vi)LEGUME VEGETABLES (fresh)
Beans (with pods)0,20,1
Beans (without pods)
Peas (with pods)0,20,1
Peas (without pods)
Others0,10,1
(vii)STEM VEGETABLES (fresh)0,10,1
Asparagus
Cardoons
Celery
Fennel
Globe artichokes
Leek
Rhubarb
Others
(viii)FUNGI0,10,1
(a)Cultivated mushrooms
(b)Wild mushrooms
3.Pulses0,10,1
Beans
Lentils
Peas
Others
Linseed
Peanuts
Poppy seed
Sesame seed
Sunflower seed
Rape seed
Soya bean0,20,3
Mustard seed
Cotton seed
Others0,10,1
5.Potatoes0,10,1
Early potatoes
Ware potatoes
6.Tea (dried leaves and stalks, fermented or other-wise, Camellia sinensis)0,10,1
7.Hops (dried), including hop pellets and unconcentrated powder0,10,1
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Indicates lower limit of analytical determination."