Commission Directive 2007/55/EC

of 17 September 2007

amending certain Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for azinphos-methyl

(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,

Whereas:

(1)
The Commission was informed that for azinphos-methyl 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 Member State which acted as rapporteur for azinphos-methyl under Council Directive 91/414/EEC5, to make a proposal for the review of Community MRLs. Such a proposal was submitted to the Commission.
(2)

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 azinphos-methyl. The Community MRLs based on Codex MRLs have also been evaluated by the Rapporteur Member State in the light of the new information on the risks for the consumers.

(3)
The lifetime and short-term exposure of consumers to the azinphos-methyl 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.
(4)

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.

(5)

It is therefore necessary to modify the MRLs set out in the Annexes to Directives 76/895/EEC, 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.

(6)

Through the World Trade Organisation, the Community’s trading partners have been informed about the new MRLs and their comments on these levels will be taken into account.

(7)

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 entry relating to azinphos-methyl is deleted.

Article 2

Directive 86/362/EEC is amended in accordance with Annex I to this Directive.

Article 3

Directive 86/363/EEC is amended in accordance with Annex II to this Directive.

Article 4

Directive 90/642/EEC is amended in accordance with Annex III to this Directive.

Article 5

Member States shall adopt and publish, by 18 March 2008 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 19 March 2008.

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.

Article 6

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

Article 7

This Directive is addressed to the Member States.

Done at Brussels, 17 September 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 line is added:

Pesticide residues

Maximum levels in mg/kg

‘Azinphos-methyl

0,05 (*)

CEREALS’

ANNEX II

In Part A of Annex II to Directive 86/363/EEC, the following line is added:

Maximum levels in mg/kg (ppm)

Pesticide residues

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)

‘Azinphos-methyl

0,017

0,017

0,017

7

Indicates lower limit of analytical determination.’

ANNEX III

In Part A of Annex II to Directive 90/642/EEC, the following column is added:

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

Azinphos-methyl

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

(i)

CITRUS FRUIT

0,058

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii)

TREE NUTS (shelled or unshelled)

0,5

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii)

POME FRUIT

0,59

Apples

Pears

Quinces

Others

(iv)

STONE FRUIT

0,59

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

(v)

BERRIES AND SMALL FRUIT

(a)

Table and wine grapes

0,058

Table grapes

Wine grapes

(b)

Strawberries (other than wild)

0,59

(c)

Cane fruit (other than wild)

0,59

Blackberries

Dewberries

Loganberries

Raspberries

Others

(d)

Other small fruit and berries (other than wild)

Bilberries

Cranberries

0,1

Currants (red, black and white)

0,59

Gooseberries

0,59

Others

0,058

(e)

Wild berries and wild fruit

0,058

(vi)

MISCELLANEOUS

0,058

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

0,058

Beetroot

Carrots

Cassava

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

(ii)

BULB VEGETABLES

0,058

Garlic

Onions

Shallots

Spring onions

Others

(iii)

FRUITING VEGETABLES

(a)

Solanacea

0,058

Tomatoes

Peppers

Aubergines

Okra

Others

(b)

Cucurbits — edible peel

Cucumbers

0,2

Gherkins

Courgettes

Others

0,058

(c)

Cucurbits — inedible peel

0,058

Melons

Squashes

Watermelons

Others

(d)

Sweetcorn

0,058

(iv)

BRASSICA VEGETABLES

0,058

(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

0,058

(a)

Lettuce and similar

Cress

Lamb's lettuce

Lettuce

Scarole (broad-leaf endive)

Rocket

Leaves and stems of brassica, including turnip greens

Others

(b)

Spinach and similar

Spinach

Beet leaves (chard)

Others

(c)

Watercress

(d)

Witloof

(e)

Herbs

Chervil

Chives

Parsley

Celery leaves

Others

(vi)

LEGUME VEGETABLES (fresh)

0,058

Beans (with pods)

Beans (without pods)

Peas (with pods)

Peas (without pods)

Others

(vii)

STEM VEGETABLES (fresh)

0,058

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leek

Rhubarb

Others

(viii)

FUNGI

0,058

(a)

Cultivated mushrooms

(b)

Wild mushrooms

3.

Pulses

0,058

Beans

Lentils

Peas

Lupines

Others

4. Oilseed

Linseed

Peanuts

Poppy seeds

Sesame seeds

Sunflower seed

Rapeseed

Soya bean

Mustard seed

Cotton seed

0,2

Hemp seed

Others

0,058

5.

Potatoes

0,058

Early potatoes

Ware potatoes

6.

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

0,18

7.

Hops (dried), including hop pellets and unconcentrated powder

0,18

9
Temporary MRL until 18 September 2008. After this date the MRL will be 0,058 mg/kg unless modified by a Directive or a Regulation.’
8

Indicates lower limit of analytical determination.