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)
Date: 1999-07-14
Institutions: European Commission
Subjects: consumer protection, foodstuff, pesticide residue, plant health legislation

L 194/36

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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

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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) (*)

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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

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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) (*)

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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

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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

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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) (*)

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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.

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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