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(Text with EEA relevance) (repealed)

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 cereals1, 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 origin2, 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 vegetables3, 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 market4, 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/EC5, tolylfluanid by Commission Directive 2006/6/EC6, triticonazole by Commission Directive 2006/39/EC7.

(2)

The following new active substances have been included in Annex I to Directive 91/414/EEC: etoxazole by Commission Directive 2005/34/EC8, mesosulfuron by Commission Directive 2003/119/EC9, indoxacarb by Commission Directive 2006/10/EC10 and 1-methylcyclopropene by Commission Directive 2006/19/EC11.

(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 Organisation12 and the opinion of the Scientific Committee for Plants13 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 1

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

Article 2

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

Article 3

Directive 90/642/EEC is amended in accordance with Annex III to this Directive.

Article 4

1

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 5

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

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 15 May 2007.

For the Commission

Markos Kyprianou

Member of the Commission

ANNEX I

In Part A of Annex II to Directive 86/362/EEC, the following lines are added:

‘Pesticide residues

Maximum levels in mg/kg

Etoxazole

0,021415

cereals

Indoxacarb as sum of the isomers S and R

0,021415

cereals

MCPA, MCPB including their salts, esters and conjugates expressed as MCPA

0,051415

cereals

Tolylfluanid (Sum of tolylfluanid and dimethylaminosulfotoluidide expressed as tolylfluanid)

0,051415

cereals

Mesosulfuron-methyl expresssed as mesosulfuron

0,011415

cereals

Triticonazole

0,011415

cereals

1-methylcyclopropene

0,011415

cereals

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 II

In Part A of Annex II to Directive 86/363/EEC, the following lines are added:

Maximum levels in mg/kg

Pesticide residues

of meat, including fat, 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

for milk and milk products listed in Annex I under headings Nos 0401, 0402, 0405 and 0406

of 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 R

meat and edible offals: 0,011617; fat: 0,317

milk: 0,0217; cream of milk 0,317

0,011617

MCPA, MCPB and MCPA thioethyl expressed as MCPA

0,11617; edible offals: 0,51617

0,051617

0,051617

Tolylfluanid (tolylfluanid analysed as dimethylaminosulfotoluidide and expressed as tolylfluanid)

0,11617

0,021617

0,11617

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 III

The Annexes to Directive 90/642/EEC are amended as follows:

  1. 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. 2.

    in Annex II, the following columns for etoxazole, indoxacarb, MCPA, MCPB, tepraloxydim, mesosulfuron, tolyfluanid, triticonazole and 1-methylcyclopropene are inserted:

    Pesticide residue and maximum residue level (mg/kg)

    Groups and examples of individual products to which the MRLs apply

    Etoxazole

    Indoxacarb as sum of the isomers S and R

    MCPA, MCPB including their salts, esters and conjugates expressed as MCPA

    Tolylfluanid (sum of tolylfluanid and dimethylaminosulfotoluidide expressed as tolylfluanid)

    Mesosulfuron-methyl expresssed as mesosulfuron

    Triticonazole

    1-methylcyclopropene

    ‘1.

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

    0,051819

    0,011819

    0,011819

    0,011819

    (i)

    CITRUS FRUIT

    0,119

    0,021819

    0,051819

    Grapefruit

    Lemons

    Limes

    Mandarins (including clementines and other hybrids)

    Oranges

    Pomelos

    Others

    (ii)

    TREE NUTS (shelled or unshelled)

    0,021819

    0,0519

    0,051819

    Almonds

    Brazil nuts

    Cashew nuts

    Chestnuts

    Coconuts

    Hazelnuts

    Macadamia

    Pecans

    Pine nuts

    Pistachios

    Walnuts

    Others

    (iii)

    POME FRUIT

    0,021819

    319

    Apples

    0,519

    Pears

    Quinces

    Others

    0,319

    (iv)

    STONE FRUIT

    Apricots

    0,119

    0,319

    Cherries

    119

    Peaches (including nectarines and similar hybrids)

    0,119

    0,319

    Plums

    0,519

    Others

    0,021819

    0,021819

    0,051819

    (v)

    BERRIES AND SMALL FRUIT

    (a)

    Table and wine grapes

    0,021819

    219

    519

    Table grapes

    Wine grapes

    (b)

    Strawberries (other than wild)

    0,219

    0,021819

    519

    (c)

    Cane fruit (other than wild)

    0,021819

    0,021819

    519

    Blackberries

    Dewberries

    Loganberries

    Raspberries

    Others

    (d)

    Other small fruit and berries (other than wild)

    0,021819

    519

    Bilberries

    Cranberries

    Currants (red, black and white)

    119

    Gooseberries

    119

    Others

    0,021819

    (e)

    Wild berries and wild fruit

    0,0218

    0,021819

    0,051819

    (vi)

    MISCELLANEOUS

    0,021819

    0,021819

    0,051819

    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 dry

    0,011819

    0,011819

    0,011819

    (i)

    ROOT AND TUBER VEGETABLES

    0,021819

    0,021819

    0,051819

    0,051819

    Beetroot

    Carrots

    Cassava

    Celeriac

    Horseradish

    Jerusalem artichokes

    Parsnips

    Parsley root

    Radishes

    Salsify

    Sweet potatoes

    Swedes

    Turnips

    Yam

    Others

    (ii)

    BULB VEGETABLES

    0,021819

    0,021819

    0,051819

    Garlic

    0,519

    Onions

    0,519

    Shallots

    0,519

    Spring onions

    Others

    0,051819

    (iii)

    FRUITING VEGETABLES

    (a)

    Solanacea

    0,051819

    Tomatoes

    0,119

    0,519

    319

    Peppers

    0,319

    219

    Aubergines

    0,119

    0,519

    319

    Okra

    Others

    0,021819

    0,021819

    0,051819

    (b)

    Cucurbits — edible peel

    0,021819

    0,219

    0,051819

    219

    Cucumbers

    Gherkins

    Courgettes

    Others

    (c)

    Cucurbits — inedible peel

    0,0519

    0,119

    0,051819

    0,319

    Melons

    Squashes

    Watermelons

    Others

    (d)

    Sweet corn

    0,021819

    0,021819

    0,051819

    0,051819

    (iv)

    BRASSICA VEGETABLES

    0,021819

    0,051819

    (a)

    Flowering brassica

    0,319

    Broccoli (including Calabrese)

    119

    Cauliflower

    Others

    0,051819

    (b)

    Head brassica

    0,051819

    Brussels sprouts

    Head cabbage

    319

    Others

    0,21819

    (c)

    Leafy brassica

    0,051819

    Chinese cabbage

    0,219

    Kale

    0,219

    Others

    0,021819

    (d)

    Kohlrabi

    0,021819

    0,051819

    (v)

    LEAF VEGETABLES AND FRESH HERBS

    0,021819

    0,051819

    (a)

    Lettuce and similar

    2019

    Cress

    Lamb's lettuce

    Lettuce

    219

    Scarole (broad-leaf endive)

    219

    Ruccola

    Leaves and stems of brassica, including turnip greens

    Others

    0,021819

    (b)

    Spinach and similar

    0,021819

    0,051819

    Spinach

    Beet leaves (chard)

    Others

    (c)

    Water cress

    0,021819

    0,051819

    (d)

    Witloof

    0,021819

    0,051819

    (e)

    Herbs

    219

    0,051819

    Chervil

    Chives

    Parsley

    Celery leaves

    Others

    (vi)

    LEGUME VEGETABLES (fresh)

    0,021819

    0,021819

    Beans (with pods)

    319

    Beans (without pods)

    0,119

    Peas (with pods)

    0,119

    319

    Peas (without pods)

    0,119

    Others

    0,051819

    0,051819

    (vii)

    STEM VEGETABLES (fresh)

    0,021819

    0,051819

    Asparagus

    Cardoons

    Celery

    Fennel

    Globe artichokes

    0,119

    Leek

    319

    Rhubarb

    Others

    0,021819

    0,051819

    (viii)

    FUNGI

    0,021819

    0,021819

    0,051819

    0,051819

    (a)

    Cultivated mushrooms

    (b)

    Wild mushrooms

    3.

    Pulses

    0,021819

    0,021819

    0,051819

    0,0118

    0,011819

    0,0119

    Beans

    0,119

    Lentils

    Peas

    0,119

    Lupines

    Others

    0,051819

    4.

    Oilseeds

    0,051819

    0,11819

    0,11819

    0,021819

    0,021819

    0,021819

    Linseed

    Peanuts

    Poppy seed

    Sesame seed

    Sunflower seed

    Rape seed

    Soya bean

    0,519

    Mustard seed

    Cotton seed

    Hemp seed

    Others

    0,051819

    5.

    Potatoes

    0,021819

    0,021819

    0,051819

    0,051819

    0,011819

    0,011819

    0,011819

    Early potatoes

    Ware potatoes

    6.

    Tea (dried leaves and stalks, fermented or other-wise, Camellia sinensis)

    0,051819

    0,051819

    0,11819

    0,11819

    0,021819

    0,021819

    0,021819

    7.

    Hops (dried), including hop pellets and unconcentrated powder

    0,051819

    0,051819

    0,11819

    5019

    0,021819

    0,021819

    0,021819

    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.’