Commission Directive 1999/71/EC of 14 July 1999 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)
L 194/36 EN Official Journal of the European Communities 27. 7. 1999 COMMISSION DIRECTIVE 1999/71/EC of 14 July 1999 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (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), as last amended by Commission Directive 1999/65/EC (2), 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 origin (3), as last amended by Comission Directive 98/82/EC (4), 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 products of plant origin, including fruit and vegetables (5), as last amended by Directive 1999/65/EC, and in particular Article 7 thereof, (3) Whereas where no Community maximum residue level or provisional MRL exists Member States shall establish a national provisional maximum residue level in accord- ance with Article 4(1) (f) of Directive 91/414/EEC before the authorisation may be granted; (4) Whereas at to Directive the inclusion in Annex I 91 /414/EEC the technical and scientific evaluation of azoxystrobin was finalised on 22 April 1998 in the format of for azoxy- the Commission review report strobin; whereas in this review report the acceptable daily intake (ADI) for azoxystrobin was set at 0. 1 mg/kg bw/day; whereas the lifetime exposure of consumers of food products treated with azoxystrobin has been assessed and evaluated in accordance with the proced- European ures Community, taking account of guidelines published by the World Health Organisation (9) and it has been calcu- lated that the maximum residue levels fixed in this Directive do not give rise to an exceedence of this ADI; used within practices and the Having regard to Council Directive 91/414/EEC concerning the placing of plant protection products on the market (6), as last amended by Directive 99/1/EC (7), and in particular Article 4(1) (f) thereof, (5) Whereas acute toxic effects requiring the setting of an acute reference dose were not noted during the evalu- ation and discussion which preceded the inclusion of azoxystrobin in Annex I to Directive 91/414/EEC; (1) Whereas the new active substance, azoxystrobin, was included in Annex I to Directive 91/414/EEC by Commission Directive 98/47/EC (8) for use as fungicide only, but without specifying particular conditions having an impact on crops which may be treated with plant protection products containing azoxystrobin; (2) Whereas the said inclusion in Annex I was based on the information submitted concerning assessment of proposed use as fungicide on cereals and vines; whereas information relating to uses on cereals, vines and bananas has been submitted by certain Member States in accordance with the requirements of Article 4(1) (f) of Directive 91/414/EEC; whereas the information available has been reviewed and is to fix certain maximum residue levels; sufficient (1) OJ L 221, 7. 8. 1986, p. 37. (2) OJ L 172, 8. 7. 1999, p. 40. (3) OJ L 221, 7. 8. 1986, p. 43. (4) OJ L 290, 29. 10. 1998, p. 25. (5) OJ L 350, 14. 12. 1990, p. 71. (6) OJ L 230, 19. 8. 1991, p. 1. (7) OJ L 21, 21. 1. 1999, p. 21. (8) OJ L 191, 7. 7. 1998, p. 50. (6) Whereas for certain agricultural products the use condi- tions for azoxystrobin have already been defined in a manner which permits the establishing of definitive maximum residue levels; (7) Whereas to ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it is prudent to set provisional maximum residue levels at the lower limit of analytical determination for all those products covered by Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC; whereas the setting at Community level of such provisional maximum residue levels does not prevent the Member States from estab- lishing provisional maximum residue levels for azoxy- strobin in accordance with Article 4(1) (f) of Directive to 91/414/EEC and in accordance with Annex VI (9) Guidelines for predicting dietary 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). intake of pesticide 27. 7. 1999 EN Official Journal of the European Communities L 194/37 Directive 91/414/EEC in particular part B, Section 2. 4. 2. 3 to this Annex; whereas four years is considered a sufficient period of time during which to establish most further uses of azoxystrobin; whereas after that period these provisional maximum residue should become definitive; levels (8) Whereas the Community's trading partners have been consulted about in this Directive the levels set out through the World Trade Organisation and their comments on these levels have been considered; whereas tolerance maximum fixing import the possibility of residue levels for specific pesticide/crop combinations will be examined by the Commission on the basis of the submission of acceptable data; in particular (9) Whereas the opinion of the Scientific Committee for Plants, and recommendations advice concerning the protection of consumers of food prod- ucts treated with pesticides, have been taken into account; (10) Whereas this Directive is in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DIRECTIVE: Article 1 The following pesticide residues shall be added to part A of Annex II to Directive 86/362/EEC: Pesticide residue Maximum level in mg/kg Azoxystrobin 0,3 wheat, rye, triticale, barley 0,05 (p) (*), other cereals Indicates lower limit of analytical determination. (*) (p) Indicates provisional maximum residue level. The following pesticide residues shall be added to part B of Annex II to Directive 86/363/EEC: Article 2 Pesticide residue Maximum level in mg/kg Azoxystrobin 0,01 (*) Milk 0,05 (*), Other products of animal origin (*) Indicates lower limit of analytical determination. The following pesticide residues shall be added to Annex II to Directive 90/642/EEC: Article 3 Groups and examples of individual products to which maximum residue levels apply 1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts i) CITRUS FRUIT Grapefruit Lemons Limes Mandarins (including clementines and other hybrids) Pesticide residues and maximum levels (mg/kg) Azoxystrobin 0,05 (p) (*) L 194/38 EN Official Journal of the European Communities 27. 7. 1999 Groups and examples of individual products to which maximum residue levels apply Pesticide residues and maximum levels (mg/kg) Azoxystrobin Oranges Pomelos Others ii) TREE NUTS (shelled or unshelled) 0,1 (p) (*) Almonds Brazil nuts Cashew nuts Chestnuts Coconuts Hazelnuts Macadamia nuts Pecans Pine nuts Pistachios Walnuts Others iii) POME FRUIT 0,05 (p) (*) Apples Pears Quinces Other 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 0,05 (p) (*) 2 27. 7. 1999 EN Official Journal of the European Communities L 194/39 Pesticide residues and maximum levels (mg/kg) Azoxystrobin 0,05 (p) (*) 0,05 (p) (*) Groups and examples of individual products to which maximum residue levels apply b) Strawberres (other than wild) c) Cane fruit (other than wild) Blackberries Dewberries Loganberries Raspberries Others d) Other small fruit and berries (other than wild) 0,05 (p) (*) Bilberries (fruit of species Vaccinium myrtillus) Cranberries Currants (red, black and white) Gooseberries Others e) Wild berries and wild fruit vi) MISCELLANEOUS Avocados Bananas Dates Figs Kiwi Kumquat Litchis Mangoes Olives Passion fruit Pineapples Pomegranate Others 2. Vegetables, fresh or uncooked, frozen or dry i) ROOT AND TUBER VEGETABLES Beetroot Carrots Celeriac 0,05 (p) (*) 0,1 0,05 (p) (*) 0,05 (p) (*) L 194/40 EN Official Journal of the European Communities 27. 7. 1999 Groups and examples of individual products to which maximum residue levels apply Pesticide residues and maximum levels (mg/kg) Azoxystrobin Horseadish Jerusalem artichokes Parsnip 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 27. 7. 1999 EN Official Journal of the European Communities L 194/41 Groups and examples of individual products to which maximum residue levels apply Pesticide residues and maximum levels (mg/kg) Azoxystrobin 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 a) Lettuce & lettuce Cress Lamb's lettuce Lettuce Scarole Others b) Spinach & similar Spinach Beet leaves (chard) Others L 194/42 EN Official Journal of the European Communities 27. 7. 1999 Groups and examples of individual products to which maximum residue levels apply Pesticide residues and maximum levels (mg/kg) Azoxystrobin 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 Globel artichokes Leek Rhubarb Others viii) FUNGI a) Cultivated mushrooms b) Wild mushrooms 3. Pulses Beans Lentils Peas Others 0,05 (p) (*) 27. 7. 1999 EN Official Journal of the European Communities L 194/43 Groups and examples of individual products to which maximum residue levels apply 4. Oil seed Linseed Peanuts Poppy seeds Sesame seeds Sunflower seed Rape seed Soya bean Mustard seed Cotton seed Others 5. Potatoes Early & ware potatoes 6. Tea (black tea processed from the leaves of Camellia sinenis) 7. Hops (dried), including hop pellets and unconcentrated powder (*) Indicates lower limit of analytical deteremination. (p) Indicates provisional maximum residue level. Pesticide residues and maximum levels (mg/kg) Azoxystrobin 0,05 (p) (*) 0,05 (p) (*) 0,1 (p) (*) 0,1 (p) (*) Article 4 1. For those agricultural products listed in part A of Annex II to Directive 86/362/EEC, and in Annex II to Directive 90/642/EEC where the maximum residue levels for azoxystrobin are indicated as ‘(p)’, this shall in accordance with the provisions of Article 4(1) (f) of Directive mean that they are provisional 91/414/EEC. (p) 2. Four years after the entry into force of this Directive, provisional maximum residue levels for azoxystrobin in the Annexes shall cease to be provisional and shall become definitive in the sense of Article 4(1) of Directives 86/362/EEC and 86/363/EEC or Article 3 of Directive 90/642/EEC respectively. 1. This Directive shall enter into force on 1 August 1999. Article 5 2. Member States shall adopt and publish the legislative, regulatory or administrative measures to comply with this Directive by 31 January 2000. They shall immediately inform the Commission thereof. These measures shall apply as from 1 February 2000. L 194/44 EN Official Journal of the European Communities 27. 7. 1999 3. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. This Directive is addressed to the Member States. Article 6 Done at Brussels, 14 July 1999. For the Commission Franz FISCHLER Member of the Commission