Commission Directive 2002/5/EC of 30 January 2002 amending Annex II to Council Directive 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables
Date: 2002-01-30
Institutions: European Commission
Subjects: crop production, fruit, pesticide residue, vegetable

5.2.2002

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Official Journal of the European Communities

L 34/7

COMMISSION DIRECTIVE 2002/5/EC

of 30 January 2002

amending Annex II to Council Directive 90/642/EEC as regards the fixing of maximum levels for
pesticide residues in and on certain products of plant origin, including fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 (1), as last amended by Commission Directive 2001/
57/EC (2), and in particular Article 7 thereof,

Whereas:

(1)

(2)

(3)

For cereals and products of plant origin including fruit
and vegetables, residue levels reflect the use of minimum
quantities of pesticides necessary to achieve effective
protection of plants, applied in such a manner that the
amount of residue is both as low as practicable and
toxicologically acceptable, having regard in particular to
the protection of the environment and to the protection
of the consumers notably in terms of the estimated
dietary intake by consumers. Community maximum
residue levels (MRLs) represent the upper limit to the
amounts of such residues that might be found in
commodities when good agricultural practices have been
respected by producers.

MRLs for pesticides should be kept under review and
may be changed to take account of new information and
data. 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 by the necessary data.

Following publication of Commission Directive 2000/
42/EC (3), the Commission received requests, supported
by further data, to review the MRLs for lambda-cyhalo-
thrin and amitraz on certain food commodities fixed by
Directive 2000/42/EC. The applications and data were
reviewed, and for some combinations, the data was suffi-

(1) OJ L 350, 14.12.1990, p. 71.
(2) OJ L 208, 1.8.2001, p. 36.
(3) OJ L 158, 30.6.2000, p. 51.

cient to justify the fixing of an MRL above the lower
limit of analytical determination. For other combinations
the information available remains inadequate and it is
appropriate to fix MRLs at the lower limit of analytical
determination. For yet other combinations the informa-
tion now available is sufficient to demonstrate that the
setting of an MRL above the lower limit of analytical
determination may give rise to an unacceptable acute or
chronic exposure of the consumer to the residues. In
such cases, the MRLs should remain fixed at the lower
limit of analytical determination.

(4)

(5)

Information on new or changed uses of cypermetrin on
asparagus, ethephon on pineapple, fenbutatinoxyde on
peppers, metalaxyl on spring onions, acephate on
peaches and chlorothalonil on celeriac has been notified
to the Commission and evaluated. In the light of that
is appropriate to modify the existing
information it
MRLs specified in the Annex to the Directive.

The lifetime exposure of consumers to each of the pesti-
cides in this Directive via food products has been
assessed and evaluated in accordance with the proced-
ures and practices used within the European Union
taking account of guidelines published by the World
Health Organisation (4) and it is calculated that the MRLs
fixed in this Directive will not lead to the acceptable
daily intakes being exceeded.

(6) Where relevant, the acute exposure of consumers to
these pesticides via each of the food products that may
contain residues of these pesticides has been assessed
and evaluated in accordance with the procedures and
practices used within the European Union,
taking
account of guidelines published by the World Health
Organisation. It is calculated that the maximum residue
levels fixed in the present Directive do not cause acute
toxic effects.

(7)

Through the World Trade Organisation, the Communi-
ty's trading partners were consulted about the levels
fixed in this Directive and their comments on these
levels were taken into account.

(4) 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

5.2.2002

(8)

the

protection

concerning

The opinions of the Scientific Committee for Plants have
in particular its advice and
been taken into account,
recommendations
of
consumers of food products treated with pesticides. The
methodology described by the World Health Organ-
isation, referred to above, as applied by rapporteur
Member States, and monitored and evaluated by the
Commission through the Standing Committee on Plant
Health,
is consistent with the guidance given by the
Scientific Committee for Plants.

(9)

(10)

Directive 90/642/EEC should therefore be amended
accordingly and should enter into force immediately.

The measures provided for in this Directive are in
accordance with the opinion of the Standing Committee
on Plant Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The maximum residue levels listed in the Annex to this
Directive are to replace those listed in Annex II to Directive
90/642/EEC for the pesticides in question.

Article 2

The maximum residue levels listed in Annex II to Directive
90/642/EEC are in respect of the pesticide commodity combi-
nations referred to in this provision, to be replaced by the
following: cypermetrin on asparagus: 0,1 mg/kg, ethephon on
pineapples: 2 mg/kg, fenbutatinoxyde on peppers: 1 mg/kg,
metalaxyl on spring onions: 0,2 mg/kg, metalaxyl on ‘scarole

(broad-leaf endive)’ and herbs: 1 mg/kg, chlorothalonil on
‘celeriac’: 1 mg/kg, acephate on ‘Peaches’: 0,2 mg/kg (1).

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 August 2002 at the latest. They shall forthwith
inform the Commission thereof.

They shall apply these measures as of 1 September 2002.

2. 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 first day following
its publication in the Official Journal of the European Communities.

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 30 January 2002.

For the Commission

David BYRNE

Member of the Commission

(1) Pending trials for the second season, results to be submitted before

1 September 2002.

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L 34/9

ANNEX

Groups and examples of individual products to which the MRLs apply

1. Fruits,

fresh, dried or uncooked, preserved by freezing, not

containing added sugar; nuts

(i)

(ii)

(iii)

(iv)

CITRUS FRUIT
Grapefruit
Lemons
Limes
Mandarins (including clementines and other hybrids)
Oranges
Pomelos
Others

TREE NUTS (shelled or unshelled)
Almonds
Brazil nuts
Cashew nuts
Chestnuts
Coconuts
Hazelnuts
Macadamia
Pecans
Pine nuts
Pistachios
Walnuts
Others

POME FRUIT
Apples
Pears
Quinces
Others

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

Pesticide residues and maximum residue levels
(mg/kg)

Lambda-cyhalothrin

Amitraz (sum of
amitraz plus all its
metabolites containing
the 2,4 dimethyl
aniline moiety
expressed as amitraz)

0,1

0,1
0,1
0,02 (*)

0,05 (*)

0,05 (*)

0,05 (*)

0,1

0,5

0,05 (*)

0,05 (*)

0,2

0,2

0,1

0,2

0,5

0,02 (*)

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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
Pomegranate
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
Garlic
Onions
Shallots
Spring onions
Others

(iii)

FRUITING VEGETABLES

(a) Solanacea

Tomatoes
Peppers
Aubergines
Others

Pesticide residues and maximum residue levels
(mg/kg)

Lambda-cyhalothrin

Amitraz (sum of
amitraz plus all its
metabolites containing
the 2,4 dimethyl
aniline moiety
expressed as amitraz)

0,1
0,1
0,02 (*)

0,2

0,02 (*)

0,05 (*)

0,05 (*)

0,1

0,1

0,02 (*)

0,02 (*)

0,05 (*)

0,1
0,1
0,5
0,02 (*)

0,5

0,5
0,05 (*)

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Groups and examples of individual products to which the MRLs apply

Pesticide residues and maximum residue levels
(mg/kg)

Lambda-cyhalothrin

Amitraz (sum of
amitraz plus all its
metabolites containing
the 2,4 dimethyl
aniline moiety
expressed as amitraz)

(b) Cucurbits — edible peel

0,1

0,05 (*)

Cucumbers
Gherkins
Courgettes
Others

(c) Cucurbits — inedible peel

0,05

0,05 (*)

Melons
Squashes
Watermelons
Others

(d) Sweetcorn

(iv)

BRASSICA VEGETABLES

(a) Flowering brassica

Broccoli (including calabrese)
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

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)

0,05 (*)

0,05 (*)

0,05 (*)

0,05 (*)

0,02 (*)

0,1

0,05
0,2
0,02 (*)

0,02 (*)

0,02 (*)

1

0,5

0,02 (*)

0,02 (*)

0,02 (*)

1

0,2
0,02 (*)
0,2

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Groups and examples of individual products to which the MRLs apply

Pesticide residues and maximum residue levels
(mg/kg)

Lambda-cyhalothrin

Amitraz (sum of
amitraz plus all its
metabolites containing
the 2,4 dimethyl
aniline moiety
expressed as amitraz)

(vii)

Peas (without pods)
Others

STEM VEGETABLES (fresh)
Asparagus
Cardoons
Celery
Fennel
Globe artichokes
Leek
Rhubarb
Others

(viii) FUNGI

(a) Cultivated mushrooms

(b) Wild mushrooms

3. Pulses
Beans
Lentils
Peas
Others

4. Oils seeds
Linseed
Peanuts
Poppy seed
Sesame seed
Sunflower seed
Rapeseed
Soya bean
Mustard seed
Cotton seed
Others

5. Potatoes

Early potatoes
Ware potatoes

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

7. Hops

(dried),

including hop pellets and unconcentrated powder

0,2
0,02 (*)

0,3

0,02 (*)

0,02 (*)

0,5

0,02 (*)

0,02 (*)

0,02 (*)

1

10

0,05 (*)

0,05 (*)

0,05 (*)

1
0,05 (*)

0,05 (*)

0,1 (*)

20

(*) Indicates lower limit of analytical determination.
Note: For the convenience of the reader, MRLs are indicated in bold type character when they reflect changes relative to
MRLs in Annexes of Directives earlier than Directive 2000/42/EC, when indicated in normal type characters, they
are reiterations of existing MRLs.