27.1.2006   

EN

Official Journal of the European Union

L 23/69


COMMISSION DIRECTIVE 2006/4/EC

of 26 January 2006

amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for carbofuran

(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 cereals (1), 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 (2), and in particular Article 7 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. 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)

Several Member States informed the Commission of their desire to revise national MRLs in accordance with Article 8 of Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs 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 (3). 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 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

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

Article 2

Part A of 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 27 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 at the latest.

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.

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, 26 January 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission


(1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2005/76/EC (OJ L 293, 9.11.2005, p. 14).

(2)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2005/76/EC.

(3)  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)


ANNEX I

In part A of Annex II to Directive 86/362/EEC the line for carbofuran is replaced by the following:

‘Pesticide residue

Maximum level in mg/kg

Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran)

0,02 (1) cereals


(1)  Indicates lower limit of analytical determination.’


ANNEX II

In part A of Annex II to Directive 90/642/EEC, the lines for carbofuran are replaced by the following:

Pesticide residues and maximum residue levels (mg/kg)

Groups and examples of individual products to which the MRLs apply

Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran)

‘1.   

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

(i)

CITRUS FRUIT

0,3

Grapefruit

 

Lemons

 

Limes

 

Mandarins (including clementines and other hybrids)

 

Oranges

 

Pomelos

 

Others

 

(ii)

TREE NUTS (shelled or unshelled)

0,02 (1)

Almonds

 

Brazil nuts

 

Cashew nuts

 

Chestnuts

 

Coconuts

 

Hazelnuts

 

Macadamia

 

Pecans

 

Pine nuts

 

Pistachios

 

Walnuts

 

Others

 

(iii)

POME FRUIT

0,02 (1)

Apples

 

Pears

 

Quinces

 

Others

 

(iv)

STONE FRUIT

0,02 (1)

Apricots

 

Cherries

 

Peaches (including nectarines and similar hybrids)

 

Plums

 

Others

 

(v)

BERRIES AND SMALL FRUIT

0,02 (1)

(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

0,02 (1)

Avocados

 

Bananas

 

Dates

 

Figs

 

Kiwi

 

Kumquats

 

Litchis

 

Mangoes

 

(a)

Olives

 

Olives (table consumption)

 

Olives (oil extraction)

 

Passion fruit

 

Pineapples

 

Papaya

 

Others

 

2.

Vegetables, fresh or uncooked, frozen or dry

0,02 (1)

(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

0,02 (1)

Beans

 

Lentils

 

Peas

 

Others

 

4.

Oil seed

0,1

Linseed

 

Peanuts

 

Poppy seeds

 

Sesame seeds

 

Sunflower seed

 

Rape seed

 

Soya bean

 

Mustard seed

 

Cotton seed

 

Others

 

5.

Potatoes

0,02 (1)

Early potatoes

 

Ware potatoes

 

6.

Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)

0,05 (1)

7.

Hops (dried), including hop pellets and unconcentrated powder

0,05 (1)


(1)  Indicates the lower limit of analytical determination.’