Commission Directive 2006/92/ECof 9 November 2006amending Annexes to Council Directives 76/895/EEC, 86/362/EEC and 90/642/EEC as regards maximum residue levels for captan, dichlorvos, ethion and folpet(Text with EEA relevance)

Commission Directive 2006/92/EC of 9 November 2006 amending Annexes to Council Directives 76/895/EEC, 86/362/EEC and 90/642/EEC as regards maximum residue levels for captan, dichlorvos, ethion and folpet (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 vegetables OJ L 340, 9.12.1976, p. 26. Directive as last amended by Commission Directive 2006/59/EC (OJ L 175, 29.6.2006, p. 61). , 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 cereals OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2006/62/EC (OJ L 206, 27.7.2006, p. 27). , 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 vegetables OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2006/62/EC. , 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 market OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/85/EC (OJ L 293, 24.10.2006, p. 3). , 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 Organisation Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7). . 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 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 captan, dichlorvos, ethion, and folpet are deleted.

Article 2

Directive 86/362/EEC is amended as follows: (a) in Part A of Annex II, the lines for captan, ethion and folpet as set out in Annex I to this Directive are added; (b) in Part A of Annex II, the line for dichlorvos is replaced by the text in Annex II to this Directive.

Article 3

Directive 90/642/EEC is amended as follows: (a) in Annex II, the lines for captan, and folpet as set out in Annex III to this Directive, are added; (b) in Annex II, the lines for dichlorvos and ethion, are replaced by the text in Annex IV to this Directive.

Article 4

1. Member States shall adopt and publish, by 10 May 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 11 May 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.

1. 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, 9 November 2006. For the Commission Markos Kyprianou Member of the Commission

Annex

ANNEX I Indicates lower limit of analytical determination. Pesticide residuesMaximum levels in mg/kgCaptan 0,02 Cereals Ethion 0,01 Cereals Folpet 2 Wheat, Barley 0,02 Other cereals

Annex

ANNEX II Indicates lower limit of analytical determination. Pesticide residuesMaximum levels in mg/kgDichlorvos 0,01 Cereals

Annex

ANNEX III Sum of captan and folpet. Indicates lower limit of analytical determination. Pesticide residues and maximum residue levels (mg/kg)Groups and examples of individual products to which the MRLs applyCaptanFolpet

1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts (i) CITRUS FRUIT 0,020,02GrapefruitLemonsLimesMandarins (including clementines and other hybrids)OrangesPomelosOthers (ii) TREE NUTS (shelled or unshelled) 0,02Almonds0,3Brazil nutsCashew nutsChestnutsCoconutsHazelnutsMacadamiaPecansPine nutsPistachiosWalnutsOthers0,02 (iii) POME FRUIT 33ApplesPearsQuincesOthers (iv) STONE FRUIT Apricots3Cherries52Peaches (including nectarines and similar hybrids)Plums1Others0,020,02 (v) BERRIES AND SMALL FRUIT (a) Table and wine grapes 0,02Table grapes0,02Wine grapes5 (b) Strawberries (other than wild) 33 (c) Cane fruit (other than wild) Blackberries33DewberriesLoganberriesRaspberries33Others0,020,02 (d) Other small fruit and berries (other than wild) BilberriesCranberriesCurrants (red, black and white)33Gooseberries33Others0,020,02 (e) Wild berries and wild fruit 0,020,02 (vi) MISCELLANEOUS 0,02AvocadosBananasDatesFigsKiwiKumquatsLitchisMangoes2Olives (table consumption)Olives (oil extraction)PapayaPassion fruitPineapplesPomegranateOthers0,02
2. Vegetables, fresh or uncooked, frozen or dry (i) ROOT AND TUBER VEGETABLES 0,02BeetrootCarrots0,1CassavaCeleriac0,1HorseradishJerusalem artichokesParsnipsParsley rootRadishesSalsifySweet potatoesSwedesTurnipsYamOthers0,02 (ii) BULB VEGETABLES 0,02GarlicOnions0,1ShallotsSpring onionsOthers0,02 (iii) FRUITING VEGETABLES (a) Solanacea 0,02Tomatoes22Peppers0,1AuberginesOkraOthers0,02 (b) Cucurbits — edible peel 0,020,02CucumbersGherkinsCourgettesOthers (c) Cucurbits — inedible peel 1Melons0,1SquashesWatermelonsOthers0,02 (d) Sweetcorn 0,020,02 (iv) BRASSICA VEGETABLES 0,02 (a) Flowering brassica 0,02BroccoliCauliflowerOthers (b) Head brassica 0,02Brussels sproutsHead cabbageOthers (c) Leafy brassica 0,02Chinese cabbageKaleOthers (d) Kohlrabi 0,05 (v) LEAF VEGETABLES AND FRESH HERBS (a) Lettuce and similar CressLamb's lettuceLettuce2Scarole2RuccolaLeaves and stems of brassicaOthers0,020,02 (b) Spinach and similar

0,02Spinach0,1Beet leaves (chard)Others0,02 (c) Watercress 0,020,02 (d) Witloof 0,020,02 (e) Herbs 0,02ChervilChivesParsley0,1Celery leavesOthers0,02 (vi) LEGUME VEGETABLES (fresh) Beans (with pods)22Beans (without pods)22Peas (with pods)Peas (without pods)Others0,020,02 (vii) STEM VEGETABLES (fresh) AsparagusCardoonsCelery0,1FennelGlobe artichokesLeek2RhubarbOthers0,020,02 (viii) FUNGI 0,020,02 (a) Cultivated mushrooms (b) Wild mushrooms 3. Pulses 0,020,02BeansLentilsPeasLupinesOthers 4. Oil seed 0,020,02LinseedPeanutsPoppy seedsSesame seedsSunflower seed RapeseedSoya beanMustard seedCotton seedHemp seedOthers 5. Potatoes 0,050,1Early potatoesWare potatoes 6. Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis) 0,050,05 7. Hops (dried), including hop pellets and unconcentrated powder 0,05150

Annex

ANNEX IV Indicates lower limit of analytical determination. Pesticide residues and maximum residue levels (mg/kg)Groups and examples of individual products to which the MRLs applyDichlorvosEthion

1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts 0,010,01 (i) CITRUS FRUIT GrapefruitLemonsLimesMandarins (including clementines and other hybrids)OrangesPomelosOthers (ii) TREE NUTS (shelled or unshelled) AlmondsBrazil nutsCashew nutsChestnutsCoconutsHazelnutsMacadamiaPecansPine nutsPistachiosWalnutsOthers (iii) POME FRUIT ApplesPearsQuincesOthers (iv) STONE FRUIT ApricotsCherriesPeaches (including nectarines and similar hybrids)PlumsOthers (v) BERRIES AND SMALL FRUIT (a) Table and wine grapes Table grapesWine grapes (b) Strawberries (other than wild) (c) Cane fruit (other than wild) BlackberriesDewberriesLoganberriesRaspberriesOthers (d) Other small fruit and berries (other than wild) BilberriesCranberriesCurrants (red, black and white)GooseberriesOthers (e) Wild berries and wild fruit (vi) MISCELLANEOUS AvocadosBananasDatesFigsKiwiKumquatsLitchisMangoesOlives (table consumption)Olives (oil extraction)PapayaPassion fruitPineapplesPomegranateOthers
2. Vegetables, fresh or uncooked, frozen or dry 0,01 (i) ROOT AND TUBER VEGETABLES 0,01BeetrootCarrotsCassavaCeleriacHorseradishJerusalem artichokesParsnipsParsley rootRadishesSalsifySweet potatoesSwedesTurnipsYamOthers (ii) BULB VEGETABLES 0,01GarlicOnionsShallotsSpring onionsOthers (iii) FRUITING VEGETABLES 0,01 (a) Solanacea TomatoesPeppersAuberginesOkraOthers (b) Cucurbits — edible peel CucumbersGherkinsCourgettesOthers (c) Cucurbits — inedible peel MelonsSquashesWatermelonsOthers (d) Sweetcorn (iv) BRASSICA VEGETABLES 0,01 (a) Flowering brassica BroccoliCauliflowerOthers (b) Head brassica Brussels sproutsHead cabbageOthers (c) Leafy brassica Chinese cabbageKaleOthers (d) Kohlrabi (v) LEAF VEGETABLES AND FRESH HERBS (a) Lettuce and similar 0,01CressLamb's lettuceLettuceScaroleRuccolaLeaves and stems of brassicaOthers (b) Spinach and similar 0,01SpinachBeet leaves (chard)Others (c) Watercress 0,01 (d) Witloof 0,01 (e) Herbs ChervilChivesParsley2Celery leavesOthers0,01

(vi) LEGUME VEGETABLES (fresh) 0,01Beans (with pods)Beans (without pods)Peas (with pods)Peas (without pods)Others (vii) STEM VEGETABLES (fresh) AsparagusCardoonsCelery0,1FennelGlobe artichokesLeekRhubarbOthers0,01 (viii) FUNGI 0,01 (a) Cultivated mushrooms (b) Wild mushrooms 3. Pulses 0,010,01BeansLentilsPeasLupinesOthers 4. Oil seed 0,010,02LinseedPeanutsPoppy seedsSesame seedsSunflower seed RapeseedSoya beanMustard seedCotton seedHemp seedOthers 5. Potatoes 0,010,01Early potatoesWare 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 0,020,02