Commission Directive 2007/39/EC
of 26 June 2007
amending Annex II to Council Directive 90/642/EEC as regards maximum residue levels for diazinon
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 vegetables1, and in particular Article 7 thereof,
Whereas:
The rapporteur Member State informed the Commission that it might be necessary to revise the MRLs for diazinon in Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission.
Community MRLs and the levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. There are a number Codex MRLs for diazinon. The Community MRLs based on Codex MRLs have also been evaluated by the rapporteur Member State in the light of the new information on the risk for the consumers.
The lifetime and short-term exposure of consumers to diazinon via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation2. On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.
Where relevant, the acute exposure of consumers to diazinon 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.
It is therefore necessary to modify the MRLs set out in Annex II to Directive 90/642/EEC, to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer.
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.
Annex II to Directive 90/642/EEC should therefore be amended accordingly.
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 90/642/EEC is amended in accordance with the Annex to this Directive.
Article 2
Member States shall adopt and publish, by 27 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 28 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 3
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 June 2007.
For the Commission
Markos Kyprianou
Member of the Commission
ANNEX
In Part A of Annex II to Directive 90/642/EEC, the lines for diazinon are replaced by the following:
Pesticide residues and maximum residue levels (mg/kg)
‘Groups and examples of individual products to which the MRLs apply
Diazinon
1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts
(i)
CITRUS FRUIT
0,013
Grapefruit
Lemons
Limes
Mandarins (including clementines and other hybrids)
Oranges
Pomelos
Others
(ii)
TREE NUTS (shelled or unshelled)
Almonds
0,05
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
0,013
(iii)
POME FRUIT
0,013
Apples
Pears
Quinces
Others
(iv)
STONE FRUIT
0,013
Apricots
Cherries
Peaches (including nectarines and similar hybrids)
Plums
Others
(v)
BERRIES AND SMALL FRUIT
(a)
Table and wine grapes
0,013
Table grapes
Wine grapes
(b)
Strawberries (other than wild)
0,013
(c)
Cane fruit (other than wild)
0,013
Blackberries
Dewberries
Loganberries
Raspberries
Others
(d)
Other small fruit and berries (other than wild)
Bilberries
Cranberries
0,2
Currants (red, black and white)
Gooseberries
Others
0,013
(e)
Wild berries and wild fruit
0,013
(vi)
MISCELLANEOUS
Avocados
Bananas
Dates
Figs
Kiwi
Kumquats
Litchis
Mangoes
Olives (table consumption)
Olives (oil extraction)
Papaya
Passion fruit
Pineapples
0,3
Pomegranate
Others
0,013
2. Vegetables, fresh or uncooked, frozen or dry
(i)
ROOT AND TUBER VEGETABLES
Beetroot
Carrots
Cassava
Celeriac
Horseradish
Jerusalem artichokes
Parsnips
Parsley root
Radishes
0,1
Salsify
Sweet potatoes
Swedes
Turnips
Yam
Others
0,013
(ii)
BULB VEGETABLES
Garlic
Onions
0,05
Shallots
Spring onions
Others
0,013
(iii)
FRUITING VEGETABLES
(a)
Solanacea
Tomatoes
Peppers
0,05
Aubergines
Okra
Others
0,013
(b)
Cucurbits — edible peel
0,013
Cucumbers
Gherkins
Courgettes
Others
(c)
Cucurbits — inedible peel
0,013
Melons
Squashes
Watermelons
Others
(d)
Sweet corn
0,02
(iv)
BRASSICA VEGETABLES
(a)
Flowering brassica
0,013
Broccoli
Cauliflower
Others
(b)
Head brassica
Brussels sprouts
Head cabbage
0,5
Others
0,013
(c)
Leafy brassica
Chinese cabbage
0,05
Kale
Others
0,013
(d)
Kohlrabi
0,2
(v)
LEAF VEGETABLES AND FRESH HERBS
0,013
(a)
Lettuce and similar
Cress
Lamb's lettuce
Lettuce
Scarole (broad-leaf endive)
Ruccola
Leaves and stems of brassica
Others
(b)
Spinach and similar
Spinach
Beet leaves (chard)
Others
(c)
Water cress
(d)
Witloof
(e)
Herbs
Chervil
Chives
Parsley
Celery leaves
Others
(vi)
LEGUME VEGETABLES (fresh)
0,013
Beans (with pods)
Beans (without pods)
Peas (with pods)
Peas (without pods)
Others
(vii)
STEM VEGETABLES (fresh)
0,013
Asparagus
Cardoons
Celery
Fennel
Globe artichokes
Leek
Rhubarb
Others
(viii)
FUNGI
0,013
(a)
Cultivated mushrooms
(b)
Wild mushrooms
3.
Pulses
0,013
Beans
Lentils
Peas
Lupines
Others
4.
Oil seed
0,023
Linseed
Peanuts
Poppy seeds
Sesame seeds
Sunflower seed
Rape seed
Soya bean
Mustard seed
Cotton seed
Hemp seed
Others
5.
Potatoes
0,013
Early potatoes
Ware potatoes
6.
Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)
0,023
7.
Hops (dried), including hop pellets and unconcentrated powder
0,5
Indicates the lower limit of analytical determination.’