Commission Directive 2005/46/EC
of 8 July 2005
amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for amitraz
(Text with EEA relevance)
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 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,
Whereas:
For the existing active substance amitraz a decision was taken not to include it in Annex I to Council Directive 91/414/EEC4 by Commission Decision 2004/141/EC5. This Decision provides that plant protection products containing this active substance shall no longer be authorised for use in the Community except for a limited number of uses, where at the moment no alternatives are available (essential uses).
Decision 2004/141/EC allowed a phasing out period, and it is appropriate that maximum residue levels (MRLs) premised on the notion that use of the substance concerned is not authorised in the Community, should not apply until the end of the phasing out period applying to that substance.
For amitraz MRLs for residues resulting from veterinary medicinal uses have been set on animal products in the framework of Council Regulation (EC) No 2377/906. It is appropriate to take these into account in this Directive.
Community MRLs and the levels recommended by the Codex Alimentarius7 are fixed and evaluated following similar procedures. There are a limited number of Codex MRLs for amitraz. These have been considered in the setting of the MRLs fixed in this Directive. Codex MRLs that will be recommended for withdrawal in the near future were not taken into account. The MRLs based on Codex MRLs having been evaluated in the light of the risks for the consumers, no risk was established.
In order to ensure that the consumer is adequately protected from exposure to residues resulting from unauthorised uses of plant protection products, MRLs should be set for the relevant product/pesticide combinations at the lower limit of analytical determination.
It is therefore necessary to amend several of the pesticide residues arising from use of amitraz 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.
The relevant annexes to 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
In part A of Annex II to Directive 86/362/EEC the following row is replaced:
Pesticide residue
Maximum level in mg/kg
‘Amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz
0,058 cereals
Indicates lower limit of analytical determination.’
Article 2
In part B of Annex II to Directive 86/363/EEC the following rows are replaced:
Pesticide residue
Maximum level (mg/kg)
Of meat, including fat, preparations of meat, offals and animal fats as listed in Annex I within CN code Nos 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602
For milk and milk products listed in Annex 1 within CN code Nos 0401, 0402, 0405 00 and 0406
Of shelled fresh eggs, for bird’s eggs and egg yolks listed in Annex 1 within CN code Nos 0407 00 and 0408
‘Amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz
0,059, Poultry
0,019
Indicates lower limit of analytical determination.’
Article 3
The maximum pesticide residue levels for amitraz in Annex II to Directive 90/642/EEC are replaced by those in the Annex to this Directive.
Article 4
1
Member States shall adopt and publish, by 9 January 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 these provisions from 10 January 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, 8 July 2005.
For the Commission
Markos Kyprianou
Member of the Commission
ANNEX
Groups and examples of individual products to which the MRLs apply
Amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz
‘1.
Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts
0,0510
(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
Passion fruit
Pineapples
Pomegranate
Others
2.
Vegetables, fresh or uncooked, frozen or dry
0,0510
(i)
ROOT AND TUBER VEGETABLES
Beetroot
Carrots
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
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
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
0,0510
Beans
Lentils
Peas
Others
4.
Oil seeds
Linseed
Peanuts
Poppy seeds
Sesame seeds
Sunflower seed
Rape seed
Soya bean
Mustard seed
Cotton seed
111
Others
0,0510
5.
Potatoes
0,0510
Early potatoes
Ware potatoes
6.
Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)
0,110
7.
Hops (dried), including hop pellets and unconcentrated powder
0,110
Indicates lower limit of analytical determination.
Should this level not be confirmed or amended by a directive, with effect from 1 July 2007, the appropriate lower limit of analytical determination shall apply.’