Commission Directive 2007/62/EC

of 4 October 2007

amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for bifenazate, pethoxamid, pyrimethanil and rimsulfuron

(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 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 vegetables2, 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 market3, and in particular Article 4(1)(f) thereof,

Whereas:

(1)
The following active substances have been included in Annex I to Directive 91/414/EEC: pyrimethanil, pethoxamid, bifenazate and rimsulfuron by Commission Directives 2006/74/EC4, 2006/41/EC5, 2005/58/EC6, and 2006/39/EC7 respectively.
(2)

The inclusion in Annex I to Directive 91/414/EEC of the active substances concerned was based on the assessment of the information submitted concerning the proposed use. Information relating to that use has been submitted by certain Member States in accordance with Article 4(1)(f) of that Directive. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed.

(3)

Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing these active substances may be authorised.

(4)

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 bifenazate. The MRLs based on Codex MRLs have been evaluated in the light of the risks for the consumers. No risk was established when using the toxicological end points based on the studies available to the Commission.

(5)
The Commission review reports which were prepared for the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, fixed the Acceptable Daily Intake (ADI) and, if necessary, the Acute Reference Dose (ARfD) for those substances. The exposure of consumers of food products treated with the active substance concerned has been assessed in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation8 and the opinion of the Scientific Committee for Plants9 on the methodology employed. It is concluded that MRLs proposed will not lead to those ADIs or ARfD being exceeded.
(6)

In order to ensure that the consumer is adequately protected from exposure to residues resulting from unauthorised uses of plant protection products, provisional MRLs should be set for the relevant product/pesticide combinations at the lower limit of analytical determination.

(7)

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

(8)

It is therefore necessary to modify the MRLs set out in the Annexes to Directives 86/362/EEC and 90/642/EEC, to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer.

(9)

Directives 86/362/EEC and 90/642/EEC should therefore be amended accordingly.

(10)

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

Article 2

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

Article 3

Member States shall adopt and publish, by 5 April 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 6 April 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 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, 4 October 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 lines for bifenazate, pethoxamid, pyrimethanil and rimsulfuron are added:

‘Pesticide residues

Maximum levels in mg/kg

Bifenazate

0,0110 11

CEREALS

Pethoxamid

0,0110 11

CEREALS

Pyrimethanil

0,0510 11

CEREALS

Rimsulfuron

0,0510 11

CEREALS

10

Indicates lower limit of analytical determination.

11

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 25 October 2011.’

ANNEX II

In Part A of Annex II to Directive 90/642/EEC, the following columns for bifenazate, pethoxamid, pyrimethanil and rimsulfuron are added:

‘Pesticide residues and maximum residue levels (mg/kg)

Groups and examples of individual products to which the MRLs apply

Bifenazate

Pethoxamid

Pyrimethanil

Rimsulfuron

1.

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

0,011213

0,051213

(i)

CITRUS FRUIT

0,011213

1013

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii)

TREE NUTS (shelled or unshelled)

0,011213

Almonds

0,213

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

0,213

Walnuts

Others

0,051213

(iii)

POME FRUIT

0,011213

513

Apples

Pears

Quinces

Others

(iv)

STONE FRUIT

0,011213

Apricots

313

Cherries

Peaches (including nectarines and similar hybrids)

1013

Plums

313

Others

0,051213

(v)

BERRIES AND SMALL FRUIT

(a)

Table and wine grapes

0,011213

513

Table grapes

Wine grapes

(b)

Strawberries (other than wild)

213

513

(c)

Cane fruit (other than wild)

0,011213

Blackberries

1013

Dewberries

Loganberries

Raspberries

1013

Others

0,051213

(d)

Other small fruit & berries (other than wild)

0,011213

513

Bilberries

Cranberries

Currants (red, black and white)

Gooseberries

Others

(e)

Wild berries and wild fruit

0,011213

0,051213

(vi)

MISCELLANEOUS

0,011213

Avocados

Bananas

0,113

Dates

Figs

Kiwi

Kumquats

Litchis

Mangoes

Olives (table consumption)

Olives (oil extraction)

Papaya

Passion fruit

Pineapples

Pomegranate

Others

0,051213

2.

Vegetables, fresh or uncooked, frozen or dry

0,011213

0,051213

(i)

ROOT AND TUBER VEGETABLES

0,011213

Beetroot

Carrots

113

Cassava

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

0,051213

(ii)

BULB VEGETABLES

0,011213

Garlic

Onions

0,113

Shallots

Spring onions

Others

0,051213

(iii)

FRUITING VEGETABLES

(a)

Solanacea

Tomatoes

0,513

113

Peppers

213

213

Aubergines

0,513

113

Okra

Others

0,011213

0,051213

(b)

Cucurbits — edible peel

0,313

113

Cucumbers

Gherkins

Courgettes

Others

(c)

Cucurbits — inedible peel

0,011213

0,051213

Melons

Squashes

Watermelons

Others

(d)

Sweetcorn

0,011213

0,051213

(iv)

BRASSICA VEGETABLES

0,011213

0,051213

(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

0,011213

(a)

Lettuce and similar

Cress

Lamb's lettuce

Lettuce

1013

Scarole (broad-leaf endive)

Rocket

Leaves and stems of brassica, including turnip greens

Others

0,051213

(b)

Spinach and similar

0,051213

Spinach

Beet leaves (chard)

Others

(c)

Watercress

0,051213

(d)

Witloof

0,051213

(e)

Herbs

313

Chervil

Chives

Parsley

Celery leaves

Others

(vi)

LEGUME VEGETABLES (fresh)

0,011213

Beans (with pods)

213

Beans (without pods)

Peas (with pods)

Peas (without pods)

0,213

Others

0,051213

(vii)

STEM VEGETABLES (fresh)

0,011213

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leeks

113

Rhubarb

Others

0,051213

(viii)

FUNGI

0,011213

0,051213

(a)

Cultivated mushrooms

(b)

Wild mushrooms

3.

Pulses

0,011213

0,011213

0,513

0,051213

Beans

Lentils

Peas

Lupines

Others

4.

Oilseeds

0,021213

0,011213

0,11213

0,051213

Linseed

Peanuts

Poppy seed

Sesame seed

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Hemp seed

Pumpkin seed

Others

5.

Potatoes

0,011213

0,011213

0,051213

0,051213

Early potatoes

Ware potatoes

6.

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

0,021213

0,021213

0,11213

0,113

7.

Hops (dried), including hop pellets and unconcentrated powder

0,021213

0,021213

0,11213

0,11213

12

Indicates lower limit of analytical determination.

13

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 25 October 2011.’