Commission Directive 2007/27/EC of 15 May 2007 amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for etoxazole, indoxacarb, mesosulfuron, 1-methylcyclopropene, MCPA and MCPB, tolylfluanid and triticonazole (Text 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 2007/27/EC of 15 May 2007 amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for etoxazole, indoxacarb, mesosulfuron, 1-methylcyclopropene, MCPA and MCPB, tolyfluanid and triticonazole, 32007L0027R(01), June 1, 2007
Commission Directive 2007/27/ECof 15 May 2007amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for etoxazole, indoxacarb, mesosulfuron, 1-methylcyclopropene, MCPA and MCPB, tolylfluanid and triticonazole(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 2007/11/EC (OJ L 63, 1.3.2007, p. 26)., 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 2007/11/EC., 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 2007/12/EC (OJ L 59, 27.2.2007, p. 75)., 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 2007/25/EC (OJ L 106, 24.4.2007, p. 34)., and in particular Article 4(1)(f) thereof,Whereas:(1)The following existing active substances have been included in Annex I to Directive 91/414/EEC: MCPA and MCPB by Commission Directive 2005/57/ECOJ L 246, 22.9.2005, p. 14., tolylfluanid by Commission Directive 2006/6/ECOJ L 12, 18.1.2006, p. 21., triticonazole by Commission Directive 2006/39/ECOJ L 104, 13.4.2006, p. 30..(2)The following new active substances have been included in Annex I to Directive 91/414/EEC: etoxazole by Commission Directive 2005/34/ECOJ L 125, 18.5.2005, p. 5., mesosulfuron by Commission Directive 2003/119/ECOJ L 325, 12.12.2003, p. 41., indoxacarb by Commission Directive 2006/10/ECOJ L 25, 28.5.2006, p. 24. and 1-methylcyclopropene by Commission Directive 2006/19/ECOJ L 44, 15.2.2006, p. 15..(3)The inclusion in Annex I to Directive 91/414/EEC of the active substances concerned was based on the assessment of the information submitted concerning the proposed use. Information relating to that use has been submitted by certain Member States in accordance with Article 4(1)(f) of that Directive. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed.(4)Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing these active substances may be authorised.(5)Community MRLs and the levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. There are a number of Codex MRLs for tolylfluanid and they were taken into account. The MRLs based on Codex MRLs have been evaluated in the light of the risks for the consumers. No unacceptable risk was identified when using the toxicological end points based on the studies available to the Commission.(6)The Commission review reports which were prepared for the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, fixed the Acceptable Daily Intake (ADI) and, if necessary, the Acute Reference Dose (ARfD) for those substances. The exposure of consumers of food products treated with the active substance concerned has been assessed in accordance with Community procedures. Account has also been taken 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). and the opinion of the Scientific Committee for PlantsOpinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/food/fs/sc/index_en.html). on the methodology employed. It is concluded that MRLs proposed will not lead to those ADIs or ARfD being exceeded.(7)In order to ensure that the consumer is adequately protected from exposure to residues resulting from unauthorised uses of plant protection products, provisional MRLs should be set for the relevant product/pesticide combinations at the lower limit of analytical determination.(8)The setting at Community level of such 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 to that Directive. 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)It is therefore necessary to modify the MRLs set out in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC, to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer.(10)Directives 86/362/EEC, 86/363/EEC and 90/642/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 1Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
Article 2Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
Article 3Directive 90/642/EEC is amended in accordance with Annex III to this Directive.
Article 41.Member States shall adopt and publish, by 16 November 2007 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 17 November 2007.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 5This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 6This Directive is addressed to the Member States.
nullANNEX IIn Part A of Annex II to Directive 86/362/EEC, the following lines are added:
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 5 June 2011."
"Pesticide residuesMaximum levels in mg/kg
Etoxazole0,02cereals
Indoxacarb as sum of the isomers S and R0,02cereals
MCPA, MCPB including their salts, esters and conjugates expressed as MCPA0,05cereals
Tolylfluanid (Sum of tolylfluanid and dimethylaminosulfotoluidide expressed as tolylfluanid)0,05cereals
Mesosulfuron-methyl expresssed as mesosulfuron0,01cereals
Triticonazole0,01cereals
1-methylcyclopropene0,01cereals
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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 5 June 2011."
ANNEX IIIn Part A of Annex II to Directive 86/363/EEC, the following lines are added:
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 5 June 2011."
Maximum levels in mg/kg
Pesticide residuesof meat, including fat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex0201, 0202, 0203, 0204, 0205, 0206, 0207, ex0208, 0209, 0210, 1601 and 1602for milk and milk products listed in Annex I under headings Nos 0401, 0402, 0405 and 0406of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 and 0408
"Indoxacarb as sum of the isomers S and Rmeat and edible offals: 0,01; fat: 0,3milk: 0,02; cream of milk 0,30,01
MCPA, MCPB and MCPA thioethyl expressed as MCPA0,1; edible offals: 0,50,050,05
Tolylfluanid (tolylfluanid analysed as dimethylaminosulfotoluidide and expressed as tolylfluanid)0,10,020,1
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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 5 June 2011."
ANNEX IIIThe Annexes to Directive 90/642/EEC are amended as follows:1.in Annex I, in group "2 Vegetables, fresh or uncooked, frozen or dry", heading (v) "leafy vegetables and fresh herbs", under subheading "(a) Lettuce and similar", the entry "Leaves and stems of brassica" is replaced by "Leaves and stems of brassica, including turnip greens"2.in Annex II, the following columns for etoxazole, indoxacarb, MCPA, MCPB, tepraloxydim, mesosulfuron, tolyfluanid, triticonazole and 1-methylcyclopropene are inserted:
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 5 June 2011."
Pesticide residue and maximum residue level (mg/kg)
Groups and examples of individual products to which the MRLs applyEtoxazoleIndoxacarb as sum of the isomers S and RMCPA, MCPB including their salts, esters and conjugates expressed as MCPATolylfluanid (sum of tolylfluanid and dimethylaminosulfotoluidide expressed as tolylfluanid)Mesosulfuron-methyl expresssed as mesosulfuronTriticonazole1-methylcyclopropene
"1.Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts0,050,010,010,01
(i)CITRUS FRUIT0,10,020,05
Grapefruit
Lemons
Limes
Mandarins (including clementines and other hybrids)
Oranges
Pomelos
Others
(ii)TREE NUTS (shelled or unshelled)0,020,050,05
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)POME FRUIT0,023
Apples0,5
Pears
Quinces
Others0,3
(iv)STONE FRUIT
Apricots0,10,3
Cherries1
Peaches (including nectarines and similar hybrids)0,10,3
Plums0,5
Others0,020,020,05
(v)BERRIES AND SMALL FRUIT
(a)Table and wine grapes0,0225
Table grapes
Wine grapes
(b)Strawberries (other than wild)0,20,025
(c)Cane fruit (other than wild)0,020,025
Blackberries
Dewberries
Loganberries
Raspberries
Others
(d)Other small fruit and berries (other than wild)0,025
Bilberries
Cranberries
Currants (red, black and white)1
Gooseberries1
Others0,02
(e)Wild berries and wild fruit0,020,020,05
(vi)MISCELLANEOUS0,020,020,05
Avocados
Bananas
Dates
Figs
Kiwi
Kumquats
Litchis
Mangoes
Olives (table consumption)
Olives (oil extraction)
Papaya
Passion fruit
Pineapples
Pomegranate
Others
2.Vegetables, fresh or uncooked, frozen or dry0,010,010,01
(i)ROOT AND TUBER VEGETABLES0,020,020,050,05
Beetroot
Carrots
Cassava
Celeriac
Horseradish
Jerusalem artichokes
Parsnips
Parsley root
Radishes
Salsify
Sweet potatoes
Swedes
Turnips
Yam
Others
(ii)BULB VEGETABLES0,020,020,05
Garlic0,5
Onions0,5
Shallots0,5
Spring onions
Others0,05
(iii)FRUITING VEGETABLES
(a)Solanacea0,05
Tomatoes0,10,53
Peppers0,32
Aubergines0,10,53
Okra
Others0,020,020,05
(b)Cucurbits — edible peel0,020,20,052
Cucumbers
Gherkins
Courgettes
Others
(c)Cucurbits — inedible peel0,050,10,050,3
Melons
Squashes
Watermelons
Others
(d)Sweet corn0,020,020,050,05
(iv)BRASSICA VEGETABLES0,020,05
(a)Flowering brassica0,3
Broccoli (including Calabrese)1
Cauliflower
Others0,05
(b)Head brassica0,05
Brussels sprouts
Head cabbage3
Others0,02
(c)Leafy brassica0,05
Chinese cabbage0,2
Kale0,2
Others0,02
(d)Kohlrabi0,020,05
(v)LEAF VEGETABLES AND FRESH HERBS0,020,05
(a)Lettuce and similar20
Cress
Lamb's lettuce
Lettuce2
Scarole (broad-leaf endive)2
Ruccola
Leaves and stems of brassica, including turnip greens
Others0,02
(b)Spinach and similar0,020,05
Spinach
Beet leaves (chard)
Others
(c)Water cress0,020,05
(d)Witloof0,020,05
(e)Herbs20,05
Chervil
Chives
Parsley
Celery leaves
Others
(vi)LEGUME VEGETABLES (fresh)0,020,02
Beans (with pods)3
Beans (without pods)0,1
Peas (with pods)0,13
Peas (without pods)0,1
Others0,050,05
(vii)STEM VEGETABLES (fresh)0,020,05
Asparagus
Cardoons
Celery
Fennel
Globe artichokes0,1
Leek3
Rhubarb
Others0,020,05
(viii)FUNGI0,020,020,050,05
(a)Cultivated mushrooms
(b)Wild mushrooms
3.Pulses0,020,020,050,010,010,01
Beans0,1
Lentils
Peas0,1
Lupines
Others0,05
4.Oilseeds0,050,10,10,020,020,02
Linseed
Peanuts
Poppy seed
Sesame seed
Sunflower seed
Rape seed
Soya bean0,5
Mustard seed
Cotton seed
Hemp seed
Others0,05
5.Potatoes0,020,020,050,050,010,010,01
Early potatoes
Ware potatoes
6.Tea (dried leaves and stalks, fermented or other-wise, Camellia sinensis)0,050,050,10,10,020,020,02
7.Hops (dried), including hop pellets and unconcentrated powder0,050,050,1500,020,020,02
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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 5 June 2011."