Commission Directive 2000/58/EC of 22 September 2000 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: 2000-09-22
Institutions: European Commission
Subjects: consumer protection, foodstuff, pesticide residue, plant health legislation

L 244/78

EN

Official Journal of the European Communities

29.9.2000

COMMISSION DIRECTIVE 2000/58/EC

of 22 September 2000

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
2000/48/EC (2), and in particular Article 10 thereof,

(4)

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
Commission Directive 2000/42/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 certain products of plant origin including
fruit and vegetables (5), as last amended by Directive 2000/
57/EC (6), 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 (7), as last amended by Commission Directive 2000/
10/EC (8), and in particular Article 4(1)(f) thereof,

Whereas:

(1)

(2)

substance, kresoxim-methyl, was
The new active
included in Annex I
to Directive 91/414/EEC by
Commission Directive 1999/1/EC (9) for use as fungicide
only, without specifying particular conditions having an
impact on crops which may be treated with plant
protection products containing kresoxim methyl.

The said inclusion in Annex I was based on assessment
of the information submitted concerning proposed use
as fungicide on cereals, pome fruit and vines. Informa-
tion relating to other uses has been submitted by certain
Member States in accordance with the requirements of
Article 4(1)(f) of Directive 91/414/EEC. The information
available has been reviewed and is sufficient
to fix
certain maximum residue levels.

(3) Where no Community maximum residue level or provi-
shall establish a
sional MRL exists Member States
national provisional maximum residue level in accord-

(1) OJ L 221, 7.8.1986, p. 37.
(2) OJ L 197, 3.8.2000, p. 26.
(3) OJ L 221, 7.8.1986, p. 43.
(4) OJ L 158, 30.6.2000, p. 51.
(5) OJ L 350, 14.12.1990, p. 71.
(6) See page 76 of this Official Journal.
(7) OJ L 230, 19.8.1991, p. 1.
(8) OJ L 57, 2.3.2000, p. 28.
(9) OJ L 21, 28.1.1999, p. 21.

ance with Article 4(1)(f) of Directive 91/414/EEC. The
information available has been reviewed and is sufficient
to fix certain maximum residue levels.

the acceptable daily intake (ADI)

At the inclusion in Annex I to Directive 91/414/EEC, the
technical and scientific evaluation of kresoxim methyl
was finalised on 16 October 1998 in the format of the
Commission review report for kresoxim methyl. In this
review report
for
kresoxim methyl was set at 0,4 mg/kg of body weight.
The lifetime exposure of consumers of food products
treated with kresoxim methyl has been assessed and
evaluated in accordance with the procedures and prac-
tices used within the European Community,
taking
account of guidelines published by the World Health
Organisation (10) and it has been calculated that
the
maximum residue levels fixed in this Directive do not
give rise to an exceeding of this ADI.

Acute toxic effects requiring the setting of an acute
reference dose were not noted during the evaluation and
discussion that preceded the inclusion of kresoxim
in Annex I to Directive 91/414/EEC.
methyl

For certain agricultural products the use conditions for
kresoxim methyl were already defined in a manner
which permits the establishing of definitive maximum
residue levels.

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 Directives 86/362/EEC, 86/363/EEC and 90/642/EEC.
The setting at Community level of such provisional
maximum residue levels does not prevent the Member
States from establishing provisional maximum residue
levels for kresoxim methyl in accordance with Article
4(1)(f) of Directive 91/414/EEC and in accordance with
Annex VI to Directive 91/414/EEC in particular Part B,
Section 2.4.2.3 to this Annex. Four years is considered a
sufficient period of time during which to establish most
further uses of kresoxim methyl. After that period these
provisional maximum residue levels should become
definitive;

(5)

(6)

(7)

(10) Guidelines

residues
for predicting dietary intake of pesticide
(revised), prepared by the GEMS/Food Programme in collaboration
with the Codex Committee on pesticide residues, published by the
World Health Organsiation 1997 (WHO/FSF/FOS/97.7).

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(8)

(9)

The Community's trading partners have been consulted
aobut the levels set out in this Directive through the
World Trade Organisation and their comments on these
levels have been considered. The possibility of fixing
import tolerance maximum residue levels for specific
pesticide/crop combinations will be examined by the
Commission on the basis of the submission of accept-
able data.

Article 3

The maximum residue levels for kresoxim methyl in the Annex
to this Directive are added to Annex II
to Directive 90/
642/EEC.

Article 4

The opinions of the Scientific Committee for Plants, in
particular advice and recommendations concerning the
protection of consumers of food products treated with
pesticides, have been taken into account.

1. Where the maximum residue levels for kresoxim methyl
are indicated as ‘(p)’, this means that they are provisional (p) in
accordance with the provisions of Article 4(1)(f) of Directive
91/414/EEC.

(10)

This Directive is in accordance with the opinion of the
Standing Committee on Plant Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The following is added to Part A of Annex II to Directive
86/362/EEC:

Pesticide residue

Maximum level in mg/kg

‘Kresoxim Methyl

0,05 (*) (p)

cereals

Indicates lower limit of analytical determination.

(*)
(p) Indicates provisional maximum residue level.’

Article 2

The following is added to Part of Annex II to Directive 86/
363/EEC:

Pesticide residue

Maximum level in mg/kg

(residue
‘Kresoxim methyl
490M9 (1) for milk and 490
M1 (2) for meat, liver, fat and
kidney expressed as kresoxim
methyl)

0,05 (*) (p)
0,02 (*) (p)
(p)
0,05

Milk
Meat, liver, fat
Kidney

Kresoxim methyl

0,02 (*) (p)

Eggs

Indicates lower limit of analytical determination.

(*)
(p) Indicates provisional maximum residue level.
(1) 490M9 = 2-[2-(4-hydroxy-2-methylphenoxymethyl)phenyl]-2-methoxy-imino-

acetic acid.

(2) 490M1 = 2-methoxyimino-2-[2-(o-tolyloxymethyl)phenyl]acetic acid.’

2.
Four years after the entry into force of this Directive,
provisional maximum residue levels for kresoxim methyl in the
Annexes cease to be provisional and 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.

Article 5

This Directive enters into force on the 20th day following its
publication in the Official Journal of the European Communities.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 31 March 2001 at the latest. They shall forthwith
inform the Commission thereof.

They shall apply these provisions as of 1 April 2001.

those provisions,

When Member States adopt
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 6

This Directive is addressed to the Member States.

Done at Brussels, 22 September 2000.

For the Commission

David BYRNE

Member of the Commission

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ANNEX

Groups and examples of individual products to which the MRLs 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)
Oranges
Pomelos
Others

Pesticide residues and maximum
residue levels
(mg/kg)

Kresoxim methyl

0,05 (p) (*)

(ii) TREE NUTS (SHELLED OR UNSHELLED)

0,1 (p) (*)

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

(v) BERRIES AND SMALL FRUIT
(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

0,2 (p)

0,05 (p) (*)

1 (p)

0,05 (p) (*)
0,05 (p) (*)

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Pesticide residues and maximum
residue levels
(mg/kg)

Kresoxim methyl

0,05 (p) (*)

0,05 (p) (*)

0,2 (p)

0,05 (p) (*)

0,05 (p) (*)

Groups and examples of individual products to which the MRLs apply

(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

Avocados
Bananas
Dates
Figs
Kiwi
Kumquats
Litchis
Mangoes
Olives
Passion fruit
Pineapples
Pomegranates
Others

2. Vegetables, fresh or uncooked, frozen or dry

(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

0,05 (p) (*)

Garlic
Onions
Shallots
Spring onions
Others

(iii) FRUITING VEGETABLES

(a) Solanacea
Tomatoes
Peppers
Aubergines
Others

0,5 (p)
1 (p)
0,5 (p)
0,05 (p) (*)

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Groups and examples of individual products to which the MRLs apply

(b) Cucurbits — edible peel

Cucumbers
Gherkins
Courgettes
Others

Pesticide residues and maximum
residue levels
(mg/kg)

Kresoxim methyl

0,05 (p) (*)

(c) Cucurbits — inedible peel

0,2 (p)

0,05 (p) (*)

0,05 (p) (*)

Melons
Squashes
Watermelons
Others
(d) Sweetcorn

(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

0,05 (p) (*)

Cress
Lamb's lettuce
Lettuce
Scarole
Others

(b) Spinach and similar

Spinach
Beet leaves (chard)
Others
(c) Watercress
(d) Witloof
(e) Herbs

Chervil
Chives
Parsley
Celery leaves
Others

(vi) LEGUME VEGETABLES (fresh)

0,05 (p) (*)

Beans (with pods)
Beans (without pods)
Peas (with pods)
Peas (without pods)
Others

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Groups and examples of individual products to which the MRLs apply

(vii) STEM VEGETABLES (fresh)

Asparagus
Cardoons
Celery
Fennel
Globe artichokes
Leeks
Rhubarb
Others

(viii) FUNGI

(a) Cultivated mushrooms
(b) Wild mushrooms

3. Pulses
Beans
Lentils
Peas
Others

4. Oil seeds
Linseed
Peanuts
Poppy seeds
Sesame seeds
Sunflower seed
Rape seed
Soya bean
Mustard seed
Cotton seed
Others

5. Potatoes

Early potatoes
Ware potatoes

Pesticide residues and maximum
residue levels
(mg/kg)

Kresoxim methyl

0,05 (p) (*)

0,05 (p) (*)

0,05 (p) (*)

0,1 (p) (*)

0,05 (p) (*)

6. Tea (leaves and stems dried, fermented or otherwise, from the leaves of Camellia

0,1 (p) (*)

sinensis)

7. Hops (dried),

including hop pellets and unconcentrated powder

0,1 (p) (*)

(*)
(p)

Indicates lower limit of analytical determination.
Indicates provisional maximum residue level.