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U.K.

Commission Directive 2007/56/EC

of 17 September 2007

amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for azoxystrobin, chlorothalonil, deltamethrin, hexachlorobenzene, ioxynil, oxamyl and quinoxyfen

(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 cereals(1), 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 origin(2), 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 vegetables(3), 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 market(4), 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 covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which should lead to changes in the residue levels of azoxystrobin, chlorothalonil, ioxynil and quinoxyfen.

(4) For hexachlorobenzene information has been communicated to the Commission that this pesticide, due to environmental contamination, can occur in pumpkin seed, a commodity that is consumed as a food in several Member States, at levels higher than the limit of analytical determination. The insertion of ‘pumpkin seed’ in Annex I to Directive 90/642/EEC and setting of MRLs for pumpkin seed are therefore necessary to protect consumers from excess hexachlorobenzene residues.

(5) For oxamyl temporary MRLs have been set in Directive 90/642/EEC by Commission Directive 2006/59/EC(5), pending submission of trial data. Trial data for oxamyl have been consequently submitted and evaluated. As a result, the temporary MRLs for oxamyl can be confirmed.

(6) For deltamethrin also temporary MRLs have been set in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC by Directive 2006/59/EC, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level. Upon further examination, it appeared that more time should be allowed to ensure proper consideration of the uses of deltamethrin authorised at Member State level. It is therefore appropriate to prolong the validity of the temporary MRLs for deltamethrin.

(7) The lifetime exposure of consumers to those pesticides via food products that may contain residues of those 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 Organisation(6). Based on those assessments and evaluations, the MRLs for those pesticides should be set so as to ensure that the acceptable daily intake is not exceeded.

(8) In the case of chlorothalonil and ioxynil, for which an acute reference dose (ARfD) 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 Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants (SCP), in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides(7), have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short-term assessment is not needed.

(9) 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, MRLs should be fixed at the lower limit of analytical determination.

(10) The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for ioxynil and quinoxyfen 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 these substances. The provisional Community MRLs should then become definitive.

(11) It is therefore necessary to modify the MRLs set out in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC, to allow proper surveillance and control of the uses of the plant protection products concerned and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not yet been defined, it is appropriate to set them for the first time.

(12) Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.

(13) 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 1U.K.

Directive 86/362/EEC is amended in accordance with Annex I to this Directive.

Article 2U.K.

Directive 86/363/EEC is amended in accordance with Annex II to this Directive.

Article 3U.K.

Directive 90/642/EEC is amended as follows:

1.

in Annex I, in group ‘4 Oilseeds’, the entry ‘Pumpkin seed’ is added.

2.

Annex II is amended in accordance with Annex III to this Directive.

Article 4U.K.

Member States shall adopt and publish, by 18 December 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 19 December 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.

Article 5U.K.

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Article 6U.K.

This Directive is addressed to the Member States.

Done at Brussels, 17 September 2007.

For the Commission

Markos Kyprianou

Member of the Commission

ANNEX IU.K.

In Part A of Annex II to Directive 86/362/EEC, the line for ‘Deltamethrin’ is replaced by the following:

a

Temporary MRLs valid until 1 November 2008, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level.’

Pesticide residuesMaximum levels in mg/kg
‘Deltamethrin (cis-deltamethrin)a

2

CEREALS

ANNEX IIU.K.

In Part A of Annex II to Directive 86/363/EEC, the line for ‘Deltamethrin (cis-deltamethrin)’ is replaced by the following:

a

indicates lower limit of analytical determination.

b

Temporary MRL valid until 1 November 2008, pending review of the Annex III dossier under 91/414/EEC and the re-registration of deltamethrin formulations at member state level.’

Maximum levels in mg/kg
Pesticide residuesof fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201, 0202, 0203, 0204, 0205, 0206, 0207, ex 0208, 0209, 0210, 1601 and 1602(1) (4)for cow's milk and whole cream cow's milk listed in Annex I under heading No 0401; for other foodstuffs in headings Nos 0401, 0402, 0405 00 and 0406 in accordance with(2) (4)of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 and 0408(3) (4)
‘Deltamethrin (cis-deltametrin)bliver and kidney 0,03a, poultry and poultry products 0,1, others 0,50,050,05a

ANNEX IIIU.K.

In part A of Annex II to Directive 90/642/EEC, the columns for azoxystrobin, ‘chlorothalonil, deltamethrin, hexachlorobenzene, ioxynil, oxamyl and quinoxyfen’ are replaced by the following:

a

Indicates lower limit of analytical determination.

b

Temporary MRLs valid until 1 November 2008, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level.

c

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 applyAzoxystrobinChlorothalonilDeltamethrin (cis-deltamethrin)bHexachlorobenzeneIoxynil including its esters expressed as IoxynilOxamylQuinoxyfen

1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

0,01a0,05a c

(i) CITRUS FRUIT

10,01a0,05a0,02a c
Grapefruit
Lemons
Limes
Mandarins (including clementines and other hybrids)0,02a c
Oranges
Pomelos
Others0,01a c

(ii) TREE NUTS (shelled or unshelled)

0,1a0,01a0,05a0,01a c0,02a c
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others

(iii) POME FRUIT

0,05a10,01a c
Apples0,20,05c
Pears
Quinces
Others0,10,02a c

(iv) STONE FRUIT

0,05a0,01a c
Apricots10,05c
Cherries0,20,3c
Peaches (including nectarines and similar hybrids)10,05c
Plums
Others0,01a0,10,02a c

(v) BERRIES AND SMALL FRUIT

0,01a c

(a)Table and wine grapes

20,21c
Table grapes1
Wine grapes3

(b)Strawberries (other than wild)

230,20,3c

(c)Cane fruit (other than wild)

0,01a0,02a c
Blackberries30,5
Dewberries
Loganberries
Raspberries3
Others0,05a0,05a

(d)Other small fruit and berries (other than wild)

0,05a2c
Bilberries
Cranberries2
Currants (red, black and white)100,5
Gooseberries100,2
Others0,01a0,05a

(e)Wild berries and wild fruit

0,05a0,01a0,05a0,02a c

(vi) MISCELLANEOUS

0,01a c0,02a c
Avocados
Bananas20,2
Dates
Figs
Kiwi0,2
Kumquats
Litchis
Mangoes0,2
Olives (table consumption)1
Olives (oil extraction)1
Papaya0,220
Passion fruit
Pineapples
Pomegranate
Others0,05a0,01a0,05a

2. Vegetables, fresh or uncooked, frozen or dry

0,01a

(i) ROOT AND TUBER VEGETABLES

0,05a0,01a c0,02a c
Beetroot
Carrots0,210,2c
Cassava
Celeriac0,31
Horseradish0,2
Jerusalem artichokes
Parsnips0,20,2c
Parsley root0,2
Radishes0,2
Salsify0,2
Sweet potatoes
Swedes
Turnips
Yam
Others0,05a0,01a0,05a c

(ii) BULB VEGETABLES

0,01a c0,02a c
Garlic0,50,10,2c
Onions0,50,10,2c
Shallots0,50,10,2c
Spring onions250,13c
Others0,05a0,01a0,05a0,05a c

(iii) FRUITING VEGETABLES

0,05a c

(a)Solanacea

220,02a c
Tomatoes0,30,02c
Peppers0,02c
Aubergines0,30,02c
Okra0,3
Others0,20,01a c

(b)Cucurbits — edible peel

10,20,02a c
Cucumbers10,02c
Gherkins50,02c
Courgettes0,03c
Others0,01a0,01a c

(c)Cucurbits — inedible peel

0,510,20,01a c0,05c
Melons
Squashes
Watermelons
Others

(d)Sweet corn

0,05a0,01a0,05a0,01a c0,02a c

(iv) BRASSICA VEGETABLES

0,05a c0,01a c0,02a c

(a)Flowering brassica

0,530,1
Broccoli (including Calabrese)
Cauliflower
Others

(b)Head brassica

0,30,1
Brussels sprouts3
Head cabbage3
Others0,01a

(c)Leafy brassica

50,01a0,5
Chinese cabbage
Kale
Others

(d)Kohlrabi

0,20,01a0,05a

(v) LEAF VEGETABLES AND FRESH HERBS

0,05a c0,01a c0,02a c

(a)Lettuce and similar

30,01a0,5
Cress
Lamb's lettuce
Lettuce
Scarole (broad-leaf endive)
Ruccola
Leaves and stems of brassica, including turnip greens
Others

(b)Spinach and similar

0,05a0,01a0,5
Spinach
Beet leaves (chard)
Others

(c)Water cress

0,05a0,01a0,05a

(d)Witloof

0,20,01a0,05a

(e)Herbs

350,5
Chervil
Chives
Parsley
Celery leaves
Others

(vi) LEGUME VEGETABLES (fresh)

0,20,05a c0,01a c0,02a c
Beans (with pods)15
Beans (without pods)0,22
Peas (with pods)0,52
Peas (without pods)0,20,3
Others0,05a0,01a

(vii) STEM VEGETABLES (fresh)

0,01a c
Asparagus
Cardoons
Celery510
Fennel5
Globe artichokes10,10,3c
Leeks2100,23c
Rhubarb
Others0,05a0,01a0,05a0,05a c0,02a c

(viii) FUNGI

0,05a0,050,05a c0,01a c0,02a c

(a)Cultivated mushrooms

2

(b)Wild mushrooms

0,01a

3. Pulses

0,10,01a10,01a0,05a c0,01a c0,02a c
Beans
Lentils
Peas
Lupines
Others

4. Oilseeds

0,1a c0,02a c0,05a c
Linseed
Peanuts0,05
Poppy seed
Sesame seed
Sunflower seed
Rapeseed0,50,1
Soya bean0,5
Mustard seed0,1
Cotton seed
Hemp seed
Pumpkin seed0,05
Others0,05a0,01a0,05a0,02a

5. Potatoes

0,05a0,01a0,05a0,010,05a c0,01a c0,02a
Early potatoes
Ware potatoes

6. Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)

0,1a0,1a50,02a0,1a c0,02a c0,05a c

7. Hops (dried), including hop pellets and unconcentrated powder

205050,02a0,1a c0,02a c0,5c
(1)

OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2007/27/EC (OJ L 128, 16.5.2007, p. 31).

(2)

OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2007/28/EC (OJ L 135, 26.5.2007, p. 6).

(3)

OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2007/39/EC (OJ L 165, 27.6.2007, p. 25).

(4)

OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).

(6)

Guidelines 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).

(7)

Opinion regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the SCP on 14 July 1998); Opinion regarding variable pesticide residues in fruit and vegetables (Opinion expressed by the SCP on 14 July 1998) http://europa.eu.int/comm/food/fs/sc/scp/outcome_ppp_en.html