Commission Directive 2006/9/EC

of 23 January 2006

amending Council Directives 90/642/EEC as regards the maximum residue levels of diquat, fixed therein

(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,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market2, 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 should be kept under review. They may be changed to take account of new uses, new information and data.

(4)

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 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.

(5)

Information on new or changed uses of diquat covered by Directive 90/642/EEC has been notified to the Commission.

(6)

The lifetime exposure of consumers to these pesticides via food products that may contain residues of these 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 Organisation3. It has been calculated that the MRLs concerned will ensure that the acceptable daily intake is not exceeded.

(7)

An assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.

(8)

Therefore it is appropriate to fix new maximum levels for residues of diquat.

(9)

The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for diquat in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto. It is considered that a period of four years is sufficient to permit further uses of diquat. The provisional Community MRL should then become definitive.

(10)

Directive 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

Annex I to Directive 90/642/EEC is amended as follows. In group ‘4. OILSEEDS’, the entry ‘Hemp seed’ is inserted between the entries ‘Cotton seed’ and ‘Others’.

Article 2

Part A of Annex II to Directive 90/642/EEC is amended in accordance with the Annex to this Directive.

Article 3

1

Member States shall adopt and publish, by 26 July 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 27 July 2006.

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 4

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 23 January 2006.

For the Commission

Markos Kyprianou

Member of the Commission

ANNEX

In part A of Annex II to Directive 90/642/EEC, the column for diquat is replaced by the following:

Pesticide residue and maximum residue level (mg/kg)

Groups and examples of individual products to which the MRLs would apply

Diquat

‘1.

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

0,0545

(i)

CITRUS FRUIT

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii)

TREE NUTS (shelled or unshelled)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii)

POME FRUIT

Apples

Pears

Quinces

Others

(iv)

STONE FRUIT

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

(v)

BERRIES AND SMALL FRUIT

(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

Avocados

Bananas

Dates

Figs

Kiwi

Kumquats

Litchis

Mangoes

Olives

Papaya

Passion fruit

Pineapples

Pomegranate

Others

2.

Vegetables, fresh or uncooked, frozen or dry

0,0545

(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

Onions

Shallots

Spring onions

Others

(iii)

FRUITING VEGETABLES

(a)

Solanacea

Tomatoes

Peppers

Aubergines

Others

(b)

Cucurbits — edible peel

Cucumbers

Gherkins

Courgettes

Others

(c)

Cucurbits — inedible peel

Melons

Squashes

Watermelons

Others

(d)

Sweet corn

(iv)

BRASSICA VEGETABLES

(a)

Flowering brassica

Broccoli (including Calabrese)

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

(a)

Lettuce and similar

Cress

Lamb's lettuce

Lettuce

Scarole (broad-leaf endive)

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)

Beans (with pods)

Beans (without pods)

Peas (with pods)

Peas (without pods)

Others

(vii)

STEM VEGETABLES (fresh)

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leek

Rhubarb

Others

(viii)

FUNGI

(a)

Cultivated mushrooms

(b)

Wild mushrooms

3.

Pulses

0,25

Beans

Lentils

Peas

Others

4. Oilseeds

Linseed

55

Peanuts

0,145

Poppy seed

0,145

Sesame seed

0,145

Sunflower seed

15

Rape seed

25

Soya bean

0,25

Mustard seed

0,55

Cotton seed

0,145

Hemp seed

0,55

Others

0,145

5.

Potatoes

0,0545

Early potatoes

Ware potatoes

6.

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

0,145

7.

Hops (dried), including hop pellets and unconcentrated powder

0,145

Indicates lower limit of analytical determination.

Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’