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(Text with EEA relevance) (repealed)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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Directives 86/362/EEC, 86/363/EEC and 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 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
cereals
Indoxacarb as sum of the isomers S and R
cereals
MCPA, MCPB including their salts, esters and conjugates expressed as MCPA
cereals
Tolylfluanid (Sum of tolylfluanid and dimethylaminosulfotoluidide expressed as tolylfluanid)
cereals
Mesosulfuron-methyl expresssed as mesosulfuron
cereals
Triticonazole
cereals
1-methylcyclopropene
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
MCPA, MCPB and MCPA thioethyl expressed as MCPA
Tolylfluanid (tolylfluanid analysed as dimethylaminosulfotoluidide and expressed as tolylfluanid)
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.
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:
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
(i)
CITRUS FRUIT
0,119
Grapefruit
Lemons
Limes
Mandarins (including clementines and other hybrids)
Oranges
Pomelos
Others
(ii)
TREE NUTS (shelled or unshelled)
0,0519
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others
(iii)
POME FRUIT
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
(v)
BERRIES AND SMALL FRUIT
(a)
Table and wine grapes
219
519
Table grapes
Wine grapes
(b)
Strawberries (other than wild)
0,219
519
(c)
Cane fruit (other than wild)
519
Blackberries
Dewberries
Loganberries
Raspberries
Others
(d)
Other small fruit and berries (other than wild)
519
Bilberries
Cranberries
Currants (red, black and white)
119
Gooseberries
119
Others
(e)
Wild berries and wild fruit
0,0218
(vi)
MISCELLANEOUS
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
(i)
ROOT AND TUBER VEGETABLES
Beetroot
Carrots
Cassava
Celeriac
Horseradish
Jerusalem artichokes
Parsnips
Parsley root
Radishes
Salsify
Sweet potatoes
Swedes
Turnips
Yam
Others
(ii)
BULB VEGETABLES
Garlic
0,519
Onions
0,519
Shallots
0,519
Spring onions
Others
(iii)
FRUITING VEGETABLES
(a)
Solanacea
Tomatoes
0,119
0,519
319
Peppers
0,319
219
Aubergines
0,119
0,519
319
Okra
Others
(b)
Cucurbits — edible peel
0,219
219
Cucumbers
Gherkins
Courgettes
Others
(c)
Cucurbits — inedible peel
0,0519
0,119
0,319
Melons
Squashes
Watermelons
Others
(d)
Sweet corn
(iv)
BRASSICA VEGETABLES
(a)
Flowering brassica
0,319
Broccoli (including Calabrese)
119
Cauliflower
Others
(b)
Head brassica
Brussels sprouts
Head cabbage
319
Others
(c)
Leafy brassica
Chinese cabbage
0,219
Kale
0,219
Others
(d)
Kohlrabi
(v)
LEAF VEGETABLES AND FRESH HERBS
(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
(b)
Spinach and similar
Spinach
Beet leaves (chard)
Others
(c)
Water cress
(d)
Witloof
(e)
Herbs
219
Chervil
Chives
Parsley
Celery leaves
Others
(vi)
LEGUME VEGETABLES (fresh)
Beans (with pods)
319
Beans (without pods)
0,119
Peas (with pods)
0,119
319
Peas (without pods)
0,119
Others
(vii)
STEM VEGETABLES (fresh)
Asparagus
Cardoons
Celery
Fennel
Globe artichokes
0,119
Leek
319
Rhubarb
Others
(viii)
FUNGI
(a)
Cultivated mushrooms
(b)
Wild mushrooms
3.
Pulses
0,0118
0,0119
Beans
0,119
Lentils
Peas
0,119
Lupines
Others
4.
Oilseeds
Linseed
Peanuts
Poppy seed
Sesame seed
Sunflower seed
Rape seed
Soya bean
0,519
Mustard seed
Cotton seed
Hemp seed
Others
5.
Potatoes
Early potatoes
Ware potatoes
6.
Tea (dried leaves and stalks, fermented or other-wise, Camellia sinensis)
7.
Hops (dried), including hop pellets and unconcentrated powder
5019
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.’