Commission Directive 2006/59/EC

of 28 June 2006

amending Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for carbaryl, deltamethrin, endosulfan, fenithrothion, methidathion and oxamyl

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables1, and in particular Article 5 thereof,

Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals2, 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 origin3, 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 vegetables4, 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 market5, and in particular Article 4(1)(f) thereof,

Whereas:

(1)

In the case of cereals and products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. In the case of foodstuffs of animal origin, residue levels reflect the consumption by animals of cereals and products of plant origin treated with pesticides and, where relevant, the direct consequences of the use of veterinary medicines. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.

(2)

MRLs for pesticides are kept under review and changed to take account of new information and data. MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residue 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 by the necessary data.

(3)

The Commission was informed that for several pesticides current MRLs may need to be revised in the light of the availability of new information on the toxicology and consumer intake. The Commission has asked the relevant rapporteur Member States to make proposals for the review of Community MRLs. Such proposals were submitted to the Commission.

(4)

The lifetime and short-term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation6. On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.

(5)

Where relevant, the acute exposure of consumers to those pesticides 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.

(6)

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.

(7)

The Annexes to Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.

(8)

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

In Annex II to Directive 76/895/EEC the entries relating to carbaryl, and fenithrothion are deleted.

Article 2

Directive 86/362/EEC is amended as follows:

  1. (a)

    in Part A of Annex II, the lines for oxamyl as set out in Annex I to this Directive are added;

  2. (b)

    in Part A of Annex II, the lines for deltamethrin and methidathion are replaced by the text in Annex II to this Directive.

Article 3

Directive 86/363/EEC is amended as follows:

  1. (a)

    in Part A of Annex II, the line for carbaryl in Annex III to this Directive is added;

  2. (b)

    in Part B of Annex II, the line for deltamethrin is replaced by the text in Annex IV to this Directive.

Article 4

Directive 90/642/EEC is amended as follows:

  1. (a)

    in Annex II, the lines for carbaryl and oxamyl, as set out in Annex V to this Directive, are added;

  2. (b)

    in Annex II, the lines for deltamethrin, endosulfan, fenithrothion and methidathion are replaced by the text in Annex VI to this Directive.

Article 5

1

Member States shall adopt and publish, by 29 December 2006 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 30 December 2006, except the provisions for oxamyl which shall apply from 30 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.

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 6

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

Article 7

This Directive is addressed to the Member States.

Done at Brussels, 28 June 2006.

For the Commission

Markos Kyprianou

Member of the Commission

ANNEX I

Pesticide residues

Maximum levels in mg/kg

‘Oxamyl

0,0178

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 19 July 2010.’

ANNEX II

Pesticide residues

Maximum levels in mg/kg

‘Deltamethrin

2

CEREALS

Methidathion

0,029

CEREALS

Indicates lower limit of analytical determination.’

ANNEX III

Pesticide residues

Maximum levels in mg/kg

of fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602 (1) (4)

for cow's milk and whole cream cow's milk listed in Annex I under headings No 0401; for other foodstuffs in heading 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 00 and 0408 (3) (4)

‘carbaryl

0,0510

0,0510

0,0510

Indicates lower limit of analytical determination.’

ANNEX IV

Pesticide residues

Maximum levels in mg/kg

of fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602 (1) (4)

for cow's milk and whole cream cow's milk listed in Annex I under headings No 0401; for other foodstuffs in heading Nos 0401, 0402, 0405 00 and 0406 accordance with (2) (4)

of shelled fresh eggs, for bird's eggs and egg yolks listed in Annex I under headings Nos 0407 00 and 0408 (3) (4)

‘deltamethrin

(cis-deltametrin)12

liver and kidney 0,0311, poultry and poultry products 0,1, others 0,5

0,05

0,0511

Indicates lower limit of analytical determination.

Temporary MRL valid until 1 November 2007, pending review of the Annex III dossier under 91/414/EEC and the re-registration of deltamethrin formulations at Member State level.’

ANNEX V

Groups and examples of individual products to which the MRLs apply

Carbaryl

Oxamyl15

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

(i)

CITRUS FRUIT

0,0513

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

0,0214

Oranges

Pomelos

Others

0,011314

(ii)

TREE NUTS (shelled or unshelled)

0,0513

0,011314

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii)

POME FRUIT

0,0513

0,011314

Apples

Pears

Quinces

Others

(iv)

STONE FRUIT

0,0513

0,011314

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

(v)

BERRIES AND SMALL FRUIT

0,0513

0,011314

(a)

Table and wine grapes

Table grapes

Wine grapes

(b)

Strawberries (other than wild)

(c)

Cane fruit (other than wild)

Blackberries

Dewberries

Loganberries

Raspberries

Others

(d)

Other small fruit and berries (other than wild)

Bilberries

Cranberries

Currants (red, black and white)

Gooseberries

Others

(e)

Wild berries and wild fruit

(vi)

MISCELLANEOUS

0,011314

Avocados

Bananas

Dates

Figs

Kiwis

Kumquats

Litchis

Mangoes

Olives (table consumption)

5

Olives (oil extraction)

5

Papayas

Passion fruit

Pineapples

Pomegranate

Others

0,0513

2. Vegetables, fresh or uncooked, frozen or dry

(i)

ROOT AND TUBER VEGETABLES

0,0513

0,011314

Beetroot

Carrots

Cassava

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

(ii)

BULB VEGETABLES

0,0513

0,011314

Garlic

Onions

Shallots

Spring onions

Others

(iii)

FRUITING VEGETABLES

(a)

Solanacea

Tomatoes

0,5

0,0214

Peppers

0,0214

Aubergines

0,0214

Okra

Others

0,0513

0,011314

(b)

Cucurbits - edible peel

0,0513

Cucumbers

0,0214

Gherkins

0,0214

Courgettes

0,0314

Others

0,011314

(c)

Cucurbits - inedible peel

0,0513

0,011314

Melons

Squashes

Watermelons

Others

(d)

Sweet corn

0,011314

(iv)

BRASSICA VEGETABLES

0,0513

0,011314

(a)

Flowering brassica

Broccoli

Cauliflower

Others

(b)

Head brassica

Brussels sprouts

Head cabbage

Others

(c)

Leafy brassica

Chinese cabbage

Kale

Others

(d)

Kohlrabi

(v)

LEAF VEGETABLES AND FRESH HERBS

0,0513

0,011314

(a)

Lettuce & similar

Cress

Lamb's lettuce

Lettuce

Scarole

Ruccola

Leaves and stems of brassica

Others

(b)

Spinach & similar

Spinach

Beet leaves (chard)

Others

(c)

Watercress

(d)

Witloof

(e)

Herbs

Chervil

Chives

Parsley

Celery leaves

Others

(vi)

LEGUME VEGETABLES (fresh)

0,0513

0,011314

Beans (with pods)

Beans (without pods)

Peas (with pods)

Peas (without pods)

Others

(vii)

STEM VEGETABLES (fresh)

0,0513

0,011314

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leeks

Rhubarb

Others

(viii)

FUNGI

0,0513

0,011314

(a)

Cultivated mushrooms

(b)

Wild mushrooms

3.

Pulses

0,0513

0,011314

Beans

Lentils

Peas

Others

4.

Oil seed

0,0513

0,021314

Linseed

Peanuts

Poppy seeds

Sesame seeds

Sunflower seeds

Rape-seed

Soya beans

Mustard seeds

Cotton seed

Hemp seed

Others

5.

Potatoes

0,0513

0,011314

Early potatoes

Ware potatoes

6.

Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)

0,113

0,0214

7.

Hops (dried), including hop pellets and unconcentrated powder

0,113

0,0214

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 19 July 2010.

Temporary MRL valid until 1 January 2008, pending submission of trial data.’

ANNEX VI

Groups and examples of individual products to which the MRLs apply

Deltamethrin (cis-deltamethrin)16

Endosulfan (sum of alpha- and beta-isomers and endosulfansulphate expressed as endosulfan)

Fenitrothion

Methidathion

‘1.

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

0,0117

(i)

CITRUS FRUIT

0,0517

0,0517

2

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii)

TREE NUTS (shelled or unshelled)

0,0517

0,117

0,0517

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii)

POME FRUIT

0,0217

Apples

0,2

Pears

0,3

Quinces

Others

0,1

0,0517

(iv)

STONE FRUIT

0,0517

Apricots

Cherries

0,2

Peaches (including nectarines and similar hybrids)

0,05

Plums

0,2

Others

0,1

0,0217

(v)

BERRIES AND SMALL FRUIT

(a)

Table and wine grapes

0,2

0,5

0,0217

Table grapes

Wine grapes

(b)

Strawberries (other than wild)

0,2

0,0517

0,0217

(c)

Cane fruit (other than wild)

0,0517

0,0217

Blackberries

0,5

Dewberries

Loganberries

Raspberries

0,5

Others

0,0517

(d)

Other small fruit and berries (other than wild)

0,0517

0,0217

Bilberries

Cranberries

Currants (red, black and white)

0,5

Gooseberries

0,2

Others

0,0517

(e)

Wild berries and wild fruit

0,0517

0,0517

0,0217

(vi)

MISCELLANEOUS

0,0517

Avocados

Bananas

Dates

Figs

Kiwi

0,2

Kumquats

Litchis

Mangoes

Olives (table consuption)

1

1

Olives (oil extraction)

1

1

Papaya

Passion fruit

Pineapples

Pomegranate

Others

0,0517

0,0217

2.

Vegetables, fresh or uncooked, frozen or dry

0,0117

0,0217

(i)

ROOT AND TUBER VEGETABLES

0,0517

0,0517

Beetroot

Carrots

Cassava

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

(ii)

BULB VEGETABLES

0,0517

Garlic

0,1

Onions

0,1

Shallots

0,1

Spring onions

0,1

Others

0,0517

(iii)

FRUITING VEGETABLES

(a)

Solanacea

Tomatoes

0,3

0,5

Peppers

1

Aubergines

0,3

Okra

0,3

Others

0,2

0,0517

(b)

Cucurbits — edible peel

0,2

0,0517

Cucumbers

Gherkins

Courgettes

Others

(c)

Cucurbits — inedible peel

0,2

0,0517

Melons

Squashes

Watermelons

Others

(d)

Sweet corn

0,0517

0,0517

(iv)

BRASSICA VEGETABLES

0,0517

(a)

Flowering brassica

0,1

Broccoli

Cauliflower

Others

(b)

Head brassica

0,1

Brussels sprouts

Head cabbage

Others

(c)

Leafy brassica

0,5

Chinese cabbage

Kale

Others

(d)

Kohlrabi

0,0517

(v)

LEAF VEGETABLES AND FRESH HERBS

0,0517

(a)

Lettuce & similar

0,5

Cress

Lamb's lettuce

Lettuce

Scarole

Ruccola

Leaves and stems of brassica

Others

(b)

Spinach & similar

0,5

Spinach

Beet leaves (chard)

Others

(c)

Water cress

0,0517

(d)

Witloof

0,0517

(e)

Herbs

0,5

Chervil

Chives

Parsley

Celery leaves

Others

(vi)

LEGUME VEGETABLES (fresh)

0,2

0,0517

Beans (with pods)

Beans (without pods)

Peas (with pods)

Peas (without pods)

Others

(vii)

STEM VEGETABLES (fresh)

0,0517

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

0,1

Leek

0,2

Rhubarb

Others

0,0517

(viii)

FUNGI

0,0517

0,0517

(a)

Cultivated mushrooms

(b)

Wild mushrooms

3.

Pulses

1

0,0517

0,0117

0,0217

Beans

Lentils

Peas

Others

4.

Oil seed

0,0117

Linseed

Peanuts

Poppy seeds

Sesame seeds

Sunflower seed

Rape seed

0,1

0,05

Soya bean

0,5

Mustard seed

0,1

Cotton seed

5

Hemp seed

Others

0,0517

0,117

0,0217

5.

Potatoes

0,0517

0,0517

0,0117

0,0217

Early potatoes

Ware potatoes

6.

Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)

5

30

0,5

0,117

7.

Hops (dried), including hop pellets and unconcentrated powder

5

0,117

0,0217

0,117

Temporary MRL valid until 1 November 2007, pending review of the Annex III dossier under 91/414/EEC and the re-registration of deltamethrin formulations at Member State level.

Indicates lower limit of analytical determination.’