Commission Directive 2000/24/EC of 28 April 2000 amending the Annexes to Council Directives 76/895/EEC, 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
L 107/28 EN Official Journal of the European Communities 4. 5. 2000 COMMISSION DIRECTIVE 2000/24/EC of 28 April 2000 amending the Annexes to Council Directives 76/895/EEC, 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 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 vegetables (1), as last amended by Directive 97/41/EC (2), 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 cereals (3), as last amended by Commission Directive 1999/71/EC (4), 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 (5), as last amended by Directive 1999/71/EC, 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 (6), as last amended by Directive 1999/71/EC, and in particular Article 7 thereof, Whereas: (1) (2) For cereals and products of plant origin, including fruit and vegetables, maximum residue levels reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in view of the protection of the environment and in terms of estimated dietary intake. For foodstuffs of animal origin, maximum residue levels reflect the consumption of cereals and products of plant origin treated with pesticides resulting in residues in animals and animal products, as well as taking into account the direct consequences of the use of veterinary medicines where appropriate. Maximum residue levels 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 with such necessary data. (3) Maximum residue levels for pesticides should be kept under review. The levels may be changed to take account of new information and data. (1) OJ L 340, 9. 12. 1976, p. 26. (2) OJ L 184, 12. 7. 1997, p. 33. (3) OJ L 221, 7. 8. 1986, p. 37. (4) OJ L 194, 27. 7. 1999, p. 36. (5) OJ L 221, 7. 8. 1986, p. 43. (6) OJ L 350, 14. 12. 1990, p. 71. 4. 5. 2000 EN Official Journal of the European Communities L 107/29 (4) (5) (6) (7) (8) (9) Aramite, barban, chlorobenzilate, chlorfenson, chloroxuron, chlorbenside, 1,1-dichloro-2,2-bis (4- ethyl-phenyl-) ethane and diallate are either no longer authorised for use in the Community or are no longer used at Community level. The aramite and chlorfenson residues were deleted from Annex II to Directive 76/895/EEC by Council Directive 82/528/EEC (1) but have not since that time been added to the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC. The chlorbenside and 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane residues were deleted from Annex II to Directive 76/895/EEC by Council Directive 93/58/EEC (2) but have not since that time been added to the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC. It is necessary to add all of these residues to the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC to allow for proper surveillance and control of their uses and to protect the consumer. Limited authorisations still exist in the Community for chlorbufam and methoxychlor. The author- ised uses would not be expected to give rise to detectable residues in food. Maximum residue levels have been fixed in Annex II to Directive 76/895/EEC for these residues. To establish maximum levels of pesticide residues for barban, chlorbufam, chlorobenzilate, chlor- oxuron, diallate and methoxychlor at Community level it is necessary to transfer provisions from Directive 76/895/EEC to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC. Certain of these provisions should be amended in the light of technical and scientific progress as well as changes in uses and authorisations at national and Community level. Community maximum residue levels and levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. With the exception of chlorobenzilate, no Codex maximum residue limits were set for the active substances covered by this Directive. The Codex maximum residue limits for chlorobenzilate have been withdrawn (3). Authorisations of plant protec- tion products in third countries may require the use of greater quantities of pesticides or shorter pre-harvest intervals than are authorised in the Community and consequently may require higher residue levels. The Community's trading partners have been consulted about the levels set out in this Directive through the World Trade Organisation and their comments on these levels have been considered and discussed by the Standing Committee on Plant Health. The possibility of fixing import tolerance maximum residue levels for specific pesticide/crop combinations will be examined by the European Community on the basis of the submission of acceptable data. The maximum residue levels established in this Directive may have to be reviewed in the framework of the re-evaluation of active substances provided for in the programme of work established in Article 8(2) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (4), as last amended by Commission Directive 1999/80/EC (5). The maximum residue level for cartap in tea was set at 20 mg/kg in Community legislation on the basis of the information contained in the Codex Alimentarius. The 29th meeting of the Codex Committee on Pesticide Residues recommended that all MRLs for the active substance be with- drawn (6). (10) A lack of clarity in the description of CN codes in Annexes I and II to Directive 86/363/EEC has led to problems in classifying samples for the purposes of the notification procedure under Article 7 of Directive 86/363/EEC. (11) DDT is not authorised for use as a plant protection product in the Community. A maximum residue level for DDT in birds' eggs and egg yolks of 0,1 mg/kg was set in Community legislation by Council Directive 93/57/EEC (7) to allow for the possibility that residual environmental contamina- tion may give rise to DDT residues in eggs. Monitoring data for DDT in eggs in Community Member States and in Norway indicate that this maximum level may be reduced. (1) OJ L 234, 9. 8. 1982, p. 1. (2) OJ L 211, 23. 8. 1993, p. 6. (3) ALINORM 93/24A. (4) OJ L 230, 19. 8. 1991, p. 1. (5) OJ L 210, 10. 8. 1999, p. 13. (6) ALINORM 97/24A Annex II. (7) OJ L 211, 23. 8. 1993, p. 1. L 107/30 EN Official Journal of the European Communities 4. 5. 2000 (12) This Directive is in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DIRECTIVE: Annex II to Directive 76/895/EEC is hereby amended as follows: Article 1 1. The entries relating to chlorobenzilate, chloroxuron and methoxychlor shall be deleted. 2. The grouping ‘barban, chlorpropham, chlorbufam’ shall be replaced by ‘chlorpropham’. 3. The grouping ‘diallate, triallate’ shall be replaced by ‘triallate’. Directive 86/362/EEC is hereby amended as follows: The following pesticide residues shall be added to Part A of Annex II: Article 2 Pesticide residue Maximum level (mg/kg) Barban Chlorobenzilate Chlorbufam Chlorbenside Chloroxuron Aramite Chlorfenson Methoxychlor 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane Diallate (*) Indicates lower limit of analytical determination. 0,05 (*) 0,02 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,01 (*) 0,01 (*) 0,05 (*) Directive 86/363/EEC is hereby amended as follows: Article 3 1. The following pesticide residues shall be added to part A of Annex II: Pesticide residue Maximum level (mg/kg) Of fat contained in meat, preparations of meat, offals and animal fats 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 (1) (4) For cow's milk and whole cream cow's milk listed in Annex I within CN code No 0401; for the other foodstuffs within CN code Nos 0401, 0402, 0405 00, 0406 in accordance with (2) (4) Of shelled fresh eggs, in birds' eggs and egg yolks listed in Annex I within CN code Nos 0407 00 and 0408 (3) (4) Aramite Chlorfenson Chloroxuron Chlorbenside 0,01 (*) 0,05 (*) 0,05 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,05 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,05 (*) 0,05 (*) 4. 5. 2000 EN Official Journal of the European Communities L 107/31 Pesticide residue Maximum level (mg/kg) Of fat contained in meat, preparations of meat, offals and animal fats 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 (1) (4) For cow's milk and whole cream cow's milk listed in Annex I within CN code No 0401; for the other foodstuffs within CN code Nos 0401, 0402, 0405 00, 0406 in accordance with (2) (4) Of shelled fresh eggs, in birds' eggs and egg yolks listed in Annex I within CN code Nos 0407 00 and 0408 (3) (4) Methoxychlor 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane Barban Chlorobenzilate 0,01 (*) 0,01 (*) 0,05 (*) 0,1 (*) 0,01 (*) 0,01 (*) 0,05 (*) 0,1 (*) 0,01 (*) 0,01 (*) 0,05 (*) 0,1 (*) (*) Indicates lower limit of analytical determination. (1) In the case of foodstuffs with a fat content of 10 % or less by weight, the residue is related to the total weight of the boned foodstuff. In such cases, the maximum level is one tenth of the value related to fat content, but must be no less than 0,01 mg/kg. (2) In determining the residues in raw cow's milk and whole cream cow's milk, a fat content of 4 % by weight should be taken as a basis. For raw milk and whole cream milk of another animal origin the residues are expressed on the basis of the fat. For the other foodstuffs listed in Annex I under heading Nos 0401, 0402, 0405 00 and 0406: — with a fat content of less than 2 % by weight, the maximum level is taken as half that set for raw milk and whole cream milk, — with a fat content op 2 % or more by weight, the maximum level is expressed in mg/kg of fat. In such cases, the maximum level is 25 times that set for raw milk and whole cream milk. (3) For eggs and egg products with a fat content higher than 10 %, the maximum level is expressed in mg/kg fat. In this case, the maximum level is 10 times higher than the maximum level for fresh eggs. (4) Footnotes (1) (2) and (3) do not apply in cases where the lower limit of analytical determination is indicated. 2. The following pesticide residues shall be added to part B of Annex II: Pesticide residue 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 Maximum level (mg/kg) For milk and milk products listed in Annex I within CN code Nos 0401, 0402, 0405 00 and 0406 Of shelled fresh eggs, for birds' eggs and egg yolks listed in Annex I within CN code Nos 0407 00 and 0408 Chlorbufam Diallate 0,05 (*) 0,2 (*) 0,05 (*) 0,2 (*) 0,05 (*) 0,2 (*) (*) Indicates lower limit of analytical determination. 3. In Annex I, the text in the column ‘Description’ which corresponds to CN code ex 0208 shall be replaced by the text ‘Other meat and edible meat offal of domestic pigeons, domestic rabbits and game, fresh, chilled or frozen’. 4. In Annex II, in the tables in Parts A and B, in the column ‘meat’, the text ‘ex 0201’ shall be replaced by the text ‘0201’. 5. In Annex II, in the table in Part A, in the column relating to birds' eggs and egg yolks, the value of 0,1 mg/kg for DDT shall be replaced by the value 0,05 mg/kg. L 107/32 EN Official Journal of the European Communities 4. 5. 2000 Article 4 Directive 90/642/EEC is hereby amended as follows: 1. The following pesticide residues shall be added to Annex II: Pesticide residue and maximum residue level (mg/kg) Groups and examples of individual products to which the MRLs would apply Methoxy- chlor Barban Aramite Chlor- fenson Chloro- benzilate Chlor- bufam Chlor- oxuron Chlor- benside Diallate 1,1- Dichloro- 2,2-bis (4- ethyl-phe- nyl-) ethane 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,02 (*) 0,05 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,01 (*) 1. Fruit, fresh, dried or uncooked, not by preserved containing added sugar; nuts freezing, (I) CITRUS FRUIT Grapefruit Lemons Limes Mandarins (including clemen- tines 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 4. 5. 2000 EN Official Journal of the European Communities L 107/33 Pesticide residue and maximum residue level (mg/kg) Groups and examples of individual products to which the MRLs would apply Methoxy- chlor Barban Aramite Chlor- fenson Chloro- benzilate Chlor- bufam Chlor- oxuron Chlor- benside Diallate 1,1- Dichloro- 2,2-bis (4- ethyl-phe- nyl-) ethane (V) BERRIES AND SMALL FRUIT (a) Table and wine grapes Table grapes Wine grapes (b) Strawberries (other than wild) (c) Cane wild) fruit (other than Blackberries Dewberries Loganberries Raspberries Others (d) Other small fruit and berries (other than wild) 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 Kumquats Litchis Mangoes Olives Passion fruit Pineapples Pomegranate Others 2. Vegetables, fresh or uncooked, 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,02 (*) 0,05 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,01 (*) frozen or dry (I) ROOT AND TUBER VEGE- TABLES Beetroot Carrots Celeriac L 107/34 EN Official Journal of the European Communities 4. 5. 2000 Pesticide residue and maximum residue level (mg/kg) Groups and examples of individual products to which the MRLs would apply Methoxy- chlor Barban Aramite Chlor- fenson Chloro- benzilate Chlor- bufam Chlor- oxuron Chlor- benside Diallate 1,1- Dichloro- 2,2-bis (4- ethyl-phe- nyl-) ethane 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 Chili 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 4. 5. 2000 EN Official Journal of the European Communities L 107/35 Pesticide residue and maximum residue level (mg/kg) Groups and examples of individual products to which the MRLs would apply Methoxy- chlor Barban Aramite Chlor- fenson Chloro- benzilate Chlor- bufam Chlor- oxuron Chlor- benside Diallate 1,1- Dichloro- 2,2-bis (4- ethyl-phe- nyl-) ethane (c) Leafy brassica Chinese cabbage Kale Others (d) Kohlrabi (V) LEAF FRESH HERBS VEGETABLES AND (a) Lettuce and similar Cress Lamb's lettuce Lettuce Scarole (broad-leaf endive) 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 L 107/36 EN Official Journal of the European Communities 4. 5. 2000 Pesticide residue and maximum residue level (mg/kg) Groups and examples of individual products to which the MRLs would apply Methoxy- chlor Barban Aramite Chlor- fenson Chloro- benzilate Chlor- bufam Chlor- oxuron Chlor- benside Diallate 1,1- Dichloro- 2,2-bis (4- ethyl-phe- nyl-) ethane 3. Pulses Beans Lentils Peas Others 4. Oil seed Linseed Peanuts Poppy seed Sesame seed Sunflower seed Rape seed Soya bean Mustard seed Cotton seed Others 5. Potatoes Early potatoes Ware potatoes 6. Tea (dried stalks, leaves fermented or otherwise, Camellia sinensis) and 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,02 (*) 0,05 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,02 (*) 0,05 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,05 (*) 0,01 (*) 0,01 (*) 0,02 (*) 0,05 (*) 0,05 (*) 0,01 (*) 0,05 (*) 0,01 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 7. Hops (dried), including hop pellets 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) 0,1 (*) and unconcentrated powder (*) Indicates lower limit of analytical determination. 2. In the German text, in Annexes I and II, in the group ‘2. 5(a) Salat u. ä. ’, the term ‘Kopfsalat’ shall be replaced by the term ‘Salat’. 3. In the Dutch text, in Annexes I and II, in the group ‘2. 5(a) Sla en dergelĳke’, the term ‘Kropsla/ĳsbergsla’ shall be replaced by the term ‘Sla’. 4. In Annex II, the maximum residue level for cartap in tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) shall be fixed at 0,1 (*) mg/kg (where (*) indicates that this level is at the lower limit of analytical determination). Article 5 This Directive shall enter into force on the day of its publication in the Official Journal of the European 1. Communities. 2. Member States shall adopt and publish the legislative, regulatory or administrative measures to comply with this Directive by 31 December 2000. They shall immediately inform thereof the Commission. 3. They shall apply these measures as from 1 January 2001. 4. 5. 2000 EN Official Journal of the European Communities L 107/37 4. 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. Member States shall adopt the procedure for such reference. This Directive is addressed to the Member States. Article 6 Done at Brussels, 28 April 2000. For the Commission David BYRNE Member of the Commission