# L_2007260EN.01000401.xml

| 5.10.2007 | EN | Official Journal of the European Union | L 260/4 |
| --- | --- | --- | --- |

5.10.2007

EN

Official Journal of the European Union

L 260/4

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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 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,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (3), 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/EC (4), 2006/41/EC (5), 2005/58/EC (6), and 2006/39/EC (7) respectively. |
| --- | --- |

(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/EC (4), 2006/41/EC (5), 2005/58/EC (6), and 2006/39/EC (7) 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. |
| --- | --- |

(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. |
| --- | --- |

(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. |
| --- | --- |

(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 Organisation (8) and the opinion of the Scientific Committee for Plants (9) on the methodology employed. It is concluded that MRLs proposed will not lead to those ADIs or ARfD being exceeded. |
| --- | --- |

(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 Organisation (8) and the opinion of the Scientific Committee for Plants (9) 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. |
| --- | --- |

(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. |
| --- | --- |

(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. |
| --- | --- |

(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. |
| --- | --- |

(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, |
| --- | --- |

(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

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(1)  
  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2007/57/EC (OJ L 243, 18.9.2007, p. 61).

1

(2)  
  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2007/57/EC.

2

(3)  
  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).

3

(4)  
  OJ L 235, 30.8.2006, p. 17.

4

(5)  
  OJ L 187, 8.7.2006, p. 24.

5

(6)  
  OJ L 246, 22.9.2005, p. 17.

6

(7)  
  OJ L 104, 13.4.2006, p. 30.

7

(8)  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).

8

(9)  Opinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/food/fs/sc/index_en.html).

9

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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 | 0,01 (*1)
   (p)

  CEREALS |
| Pethoxamid | 0,01 (*1)
   (p)

  CEREALS |
| Pyrimethanil | 0,05 (*1)
   (p)

  CEREALS |
| Rimsulfuron | 0,05 (*1)
   (p)

  CEREALS |

‘Pesticide residues

Maximum levels in mg/kg

Bifenazate

0,01 (*1)
   (p)

CEREALS

Pethoxamid

0,01 (*1)
   (p)

CEREALS

Pyrimethanil

0,05 (*1)
   (p)

CEREALS

Rimsulfuron

0,05 (*1)
   (p)

CEREALS

---

(*1)  Indicates lower limit of analytical determination.

*1

(p)  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.’

p

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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 |

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

Groups and examples of individual products to which the MRLs apply

Bifenazate

Pethoxamid

Pyrimethanil

Rimsulfuron

1.

0,01  (*1)
   (p)

0,05  (*1)
   (p)

| (i) | CITRUS FRUIT |
| --- | --- |

(i)

0,01  (*1)
   (p)

10  (p)

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

| (ii) | TREE NUTS (shelled or unshelled) |
| --- | --- |

(ii)

0,01  (*1)
   (p)

Almonds

0,2  (p)

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

0,2  (p)

Walnuts

Others

0,05  (*1)
   (p)

| (iii) | POME FRUIT |
| --- | --- |

(iii)

0,01  (*1)
   (p)

5  (p)

Apples

Pears

Quinces

Others

| (iv) | STONE FRUIT |
| --- | --- |

(iv)

0,01  (*1)
   (p)

Apricots

3  (p)

Cherries

Peaches (including nectarines and similar hybrids)

10  (p)

Plums

3  (p)

Others

0,05  (*1)
   (p)

| (v) | BERRIES AND SMALL FRUIT |
| --- | --- |

(v)

| (a) | Table and wine grapes |
| --- | --- |

(a)

Table and wine grapes

0,01  (*1)
   (p)

5  (p)

Table grapes

Wine grapes

| (b) | Strawberries (other than wild) |
| --- | --- |

(b)

Strawberries (other than wild)

2  (p)

5  (p)

| (c) | Cane fruit (other than wild) |
| --- | --- |

(c)

Cane fruit (other than wild)

0,01  (*1)
   (p)

Blackberries

10  (p)

Dewberries

Loganberries

Raspberries

10  (p)

Others

0,05  (*1)
   (p)

| (d) | Other small fruit & berries (other than wild) |
| --- | --- |

(d)

Other small fruit & berries (other than wild)

0,01  (*1)
   (p)

5  (p)

Bilberries

Cranberries

Currants (red, black and white)

Gooseberries

Others

| (e) | Wild berries and wild fruit |
| --- | --- |

(e)

Wild berries and wild fruit

0,01  (*1)
   (p)

0,05  (*1)
   (p)

| (vi) | MISCELLANEOUS |
| --- | --- |

(vi)

0,01  (*1)
   (p)

Avocados

Bananas

0,1  (p)

Dates

Figs

Kiwi

Kumquats

Litchis

Mangoes

Olives (table consumption)

Olives (oil extraction)

Papaya

Passion fruit

Pineapples

Pomegranate

Others

0,05  (*1)
   (p)

| 2. | Vegetables, fresh or uncooked, frozen or dry |
| --- | --- |

2.

0,01  (*1)
   (p)

0,05  (*1)
   (p)

| (i) | ROOT AND TUBER VEGETABLES |
| --- | --- |

(i)

0,01  (*1)
   (p)

Beetroot

Carrots

1  (p)

Cassava

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

0,05  (*1)
   (p)

| (ii) | BULB VEGETABLES |
| --- | --- |

(ii)

0,01  (*1)
   (p)

Garlic

Onions

0,1  (p)

Shallots

Spring onions

Others

0,05  (*1)
   (p)

| (iii) | FRUITING VEGETABLES |
| --- | --- |

(iii)

| (a) | Solanacea |
| --- | --- |

(a)

Solanacea

Tomatoes

0,5  (p)

1  (p)

Peppers

2  (p)

2  (p)

Aubergines

0,5  (p)

1  (p)

Okra

Others

0,01  (*1)
   (p)

0,05  (*1)
   (p)

| (b) | Cucurbits — edible peel |
| --- | --- |

(b)

Cucurbits — edible peel

0,3  (p)

1  (p)

Cucumbers

Gherkins

Courgettes

Others

| (c) | Cucurbits — inedible peel |
| --- | --- |

(c)

Cucurbits — inedible peel

0,01  (*1)
   (p)

0,05  (*1)
   (p)

Melons

Squashes

Watermelons

Others

| (d) | Sweetcorn |
| --- | --- |

(d)

Sweetcorn

0,01  (*1)
   (p)

0,05  (*1)
   (p)

| (iv) | BRASSICA VEGETABLES |
| --- | --- |

(iv)

0,01  (*1)
   (p)

0,05  (*1)
   (p)

| (a) | Flowering brassica |
| --- | --- |

(a)

Flowering brassica

Broccoli (including Calabrese)

Cauliflower

Others

| (b) | Head brassica |
| --- | --- |

(b)

Head brassica

Brussels sprouts

Head cabbage

Others

| (c) | Leafy brassica |
| --- | --- |

(c)

Leafy brassica

Chinese cabbage

Kale

Others

| (d) | Kohlrabi |
| --- | --- |

(d)

Kohlrabi

| (v) | LEAF VEGETABLES AND FRESH HERBS |
| --- | --- |

(v)

0,01  (*1)
   (p)

| (a) | Lettuce and similar |
| --- | --- |

(a)

Lettuce and similar

Cress

Lamb's lettuce

Lettuce

10  (p)

Scarole (broad-leaf endive)

Rocket

Leaves and stems of brassica, including turnip greens

Others

0,05  (*1)
   (p)

| (b) | Spinach and similar |
| --- | --- |

(b)

Spinach and similar

0,05  (*1)
   (p)

Spinach

Beet leaves (chard)

Others

| (c) | Watercress |
| --- | --- |

(c)

Watercress

0,05  (*1)
   (p)

| (d) | Witloof |
| --- | --- |

(d)

Witloof

0,05  (*1)
   (p)

| (e) | Herbs |
| --- | --- |

(e)

Herbs

3  (p)

Chervil

Chives

Parsley

Celery leaves

Others

| (vi) | LEGUME VEGETABLES (fresh) |
| --- | --- |

(vi)

0,01  (*1)
   (p)

Beans (with pods)

2  (p)

Beans (without pods)

Peas (with pods)

Peas (without pods)

0,2  (p)

Others

0,05  (*1)
   (p)

| (vii) | STEM VEGETABLES (fresh) |
| --- | --- |

(vii)

0,01  (*1)
   (p)

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leeks

1  (p)

Rhubarb

Others

0,05  (*1)
   (p)

| (viii) | FUNGI |
| --- | --- |

(viii)

0,01  (*1)
   (p)

0,05  (*1)
   (p)

| (a) | Cultivated mushrooms |
| --- | --- |

(a)

Cultivated mushrooms

| (b) | Wild mushrooms |
| --- | --- |

(b)

Wild mushrooms

| 3. | Pulses |
| --- | --- |

3.

0,01  (*1)
   (p)

0,01  (*1)
   (p)

0,5  (p)

0,05  (*1)
   (p)

Beans

Lentils

Peas

Lupines

Others

| 4. | Oilseeds |
| --- | --- |

4.

0,02  (*1)
   (p)

0,01  (*1)
   (p)

0,1  (*1)
   (p)

0,05  (*1)
   (p)

Linseed

Peanuts

Poppy seed

Sesame seed

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Hemp seed

Pumpkin seed

Others

| 5. | Potatoes |
| --- | --- |

5.

0,01  (*1)
   (p)

0,01  (*1)
   (p)

0,05  (*1)
   (p)

0,05  (*1)
   (p)

Early potatoes

Ware potatoes

| 6. | Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) |
| --- | --- |

6.

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,1  (*1)
   (p)

0,1  (p)

| 7. | Hops (dried), including hop pellets and unconcentrated powder |
| --- | --- |

7.

0,02  (*1)
   (p)

0,02  (*1)
   (p)

0,1  (*1)
   (p)

0,1  (*1)
   (p)

---

(*1)  Indicates lower limit of analytical determination.

*1

(p)  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.’

p

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