Commission Directive 2002/23/EC of 26 February 2002 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards 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
Date: 2002-02-26
Institutions: European Commission
Subjects: animal product, cereals, food inspection, fruit, pesticide residue, vegetable

7.3.2002

EN

Official Journal of the European Communities

L 64/13

COMMISSION DIRECTIVE 2002/23/EC

of 26 February 2002

amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards
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 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
2001/57/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
Directive 2001/57/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 certain products of plant origin, including
fruit and vegetables (4), as
last amended by Commission
Directive 2002/5/EC (5), 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 (6), as last amended by Commission Directive 2001/
103/EC (7), and in particular Article 4(1)(f) thereof,

Whereas:

(1)

(2)

The new active substances flupyrsulfuron-methyl, pyme-
trozine, azoxystrobin and kresoxim-methyl (the active
substances concerned) were included in Annex I
to
Directive 91/414/EEC by Commission Directives 2001/
49/EC (8), 2001/87/EC (9), 98/47/EC (10) and 1999/1/
EC (11), for use, respectively as a herbicide on cereals,
insecticide on cereals, fruits, vegetables, pulses, oil seeds
and hops, a fungicide without uses specified and a fungi-
cide on cereals, pome fruit and vines.

The inclusion in Annex I of
the active substances
concerned was based on the assessment of the informa-
tion submitted concerning the proposed uses. Informa-
tion relating to these uses has been submitted by certain
Member States in accordance with Article 4(1)(f) of

(1) OJ L 221, 7.8.1986, p. 37.
(2) OJ L 208, 1.8.2001, p. 36.
(3) OJ L 221, 7.8.1986, p. 43.
(4) OJ L 350, 14.12.1990, p. 71.
(5) OJ L 34, 5.2.2002, p. 7.
(6) OJ L 230, 19.8.1991, p. 1.
(7) OJ L 304, 21.11.2001, p. 14.
(8) OJ L 176, 29.6.2001, p. 61.
(9) OJ L 276, 19.10.2001, p. 17.
(10) OJ L 191, 7.7.1998, p. 50.
(11) OJ L 21, 28.1.1999, p. 21.

Directive 91/414/EEC. The information available has
been reviewed and is
to allow certain
maximum residue levels (MRLs) to be fixed.

sufficient

(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.

the active substances concerned,

(4) With respect to the inclusion in Annex I to Directive
91/414/EEC of
the
related technical and scientific evaluations were finalised
in the form of Commission review reports. The reports
were finalised on 16 October 1998, 27 April 2001, 22
April 1998, 27 July 2001 in the case of kresoxim-
methyl, flupyrsulfuron-methyl, azoxystrobin and pyme-
trozine, respectively. They fixed the acceptable daily
intake (ADI) for kresoxim-methyl at 0,4 mg/kg bw/day,
for flupyrsulfuron-methyl at 0,035 mg/kg bw/day, for
azoxystrobin at 0,1 mg/kg bw/day and for pymetrozine
at 0,03 mg/kg bw/day. The
exposure of
food products treated with the active
consumers of
substances concerned has been assessed and evaluated in
accordance with Community procedures and practices,
taking account of guidelines published by the World
Health Organisation (12) and the opinion of the Scientific
Committee for Plants (13) on the methodology employed
and it is calculated that MRL accordingly proposed will
not lead to those ADIs being exceeded.

lifetime

(5)

No acute toxic effects requiring the setting of an acute
reference dose were noted during the evaluations and
discussions preceding the inclusion of flupyrsulfuron-
methyl, azoxystrobin and kresoxim-methyl in Annex I
to Directive 91/414/EEC. The acute reference dose for
pymetrozine was established at 0,1 mg/kg bw/day.
the MRLs
According to the exposure assessment,
proposed will not
lead to an unacceptable acute
exposure of consumers.

(12) 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 Organisation 1997 (WHO/FSF/FOS/97.7).

to

(13) Opinion of the Scientific Committee on Plants regarding questions
relating
to Council Directives
the Annexes
86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed
1998)
by
(http://europa.eu.int/comm/dg24/health/sc/scp/out21_en.html).

Scientific Committee

amending

Plants,

July

the

14

on

L 64/14

EN

Official Journal of the European Communities

7.3.2002

(6)

(7)

(8)

it

the consumer is adequately
In order to ensure that
protected from exposure to residues in or on products
for which no authorisation has been granted,
is
prudent to set provisional MRL at the lower limit of
analytical determination for all such products covered by
Directives 86/362/EEC, 86/363/EEC and 90/642/EEC.
The setting at Community level of such provisional MRL
does not prevent the Member States from establishing
provisional maximum residue levels for flupyrsulfuron-
methyl, pymetrozine, azoxystrobin and kresoxim-methyl
in accordance with Article 4(1)(f) of Directive 91/
414/EEC and Annex VI thereto. It is considered that a
period of four years is sufficient to enable most further
uses of the active substances concerned. The provisional
MRL should then become definitive.

The Community notified the draft Commission Directive
to the World Trade Organisation and the comments
received have been considered in finalising the Directive.
MRLs for specific pesticide/crop combinations used in
third countries could be examined by the Commission
on the basis of the acceptable data submitted.

Account has been taken of the opinions of the Scientific
in particular of its advice and
Committee for Plants,
recommendations
of
concerning
consumers of food products treated with pesticides.

protection

the

(9)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

The following pesticide maximum residue levels are added to
part A of Annex II to Directive 86/362/EEC:

Pesticide residue

Maximum level
(mg/kg)

Flupyrsulfuron-methyl

0,02 (*) (p)

Cereals

Pymetrozine

0,02 (*) (p)

Cereals

(*) Indicates lower limit of analytical determination.
(p)

Indicates provisional maximum residue level. For those agricultural prod-
ucts listed in Annex II to Directive 86/362/EEC, where the maximum
residue levels for flupyrsulfuron-methyl and pymetrozine are indicated as
‘(p)’, this shall mean that they are provisional
in accordance with the
provisions of Article 4(1)(f) of Directive 91/414/EEC.

By 1 December 2005, provisional maximum residue levels for
flupyrsulfuron-methyl and pymetrozine shall cease to be provi-
sional and shall become definitive in the sense of Article 4(1) of
Directive 86/362/EEC.

The following pesticide residues are added to part B of Annex II to Directive 86/363/EEC:

Article 2

Maximum level
(mg/kg)

Pesticide residue

Of meat, including fat,
preparations of meat,
offals and animal fats
as listed in Annex I within
CN codes 0201, 0202, 0203,
0204, 0205 00 00, 0206,
0207, ex 0208, 0209 00,
0210, 1601 00 and 1602,

For milk and milk products
listed in Annex I wihin
CN codes 0401, 0402,
0405 00 and 0406

Of shelled fresh eggs,
for bird's eggs and egg yolks
listed in Annex I within
CN codes 0407 00
and 0408

Pymetrozine

0,01 (*) (p)

0,01 (*) (p)

0,01 (*) (p)

(*) Indicates lower limit of analytical determination.
(p)

Indicates provisional maximum residue level. For those agricultural products listed in Annex II to Directive 86/363/EEC, where the
maximum residue levels for pymetrozine are indicated as ‘(p)’, this shall mean that they are provisional in accordance with the
provisions of Article 4(1)(f) of Directive 91/414/EEC.

By 1 December 2005, provisional maximum residue levels for pymetrozine shall cease to be provisional
and shall become definitive in the sense of Article 4(1) of Directive 86/363/EEC.

The maximum pesticide residue levels for flupyrsulfuron-methyl and pymetrozine in the Annex to this
Directive shall be added to Annex II to Directive 90/642/EEC. The maximum pesticide residue levels for
azoxystrobin in the Annex to this Directive shall replace those in Annex II to Directive 90/642/EEC.

Article 3

7.3.2002

EN

Official Journal of the European Communities

L 64/15

The provisional maximum pesticide residue levels for kresoxim-methyl in Annex II to Directive 90/642/EEC
shall be modified to 0,2 mg/kg (p) for strawberries.
indicates provisional maximum residue level.

(p)

For kresoxim-methyl provisional MRLs shall become definitive with effect of 19 October 2004.

Article 4

Article 5

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.

2.

They shall apply these provisions as of 1 September 2002.

3. 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.

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

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 26 February 2002.

For the Commission

David BYRNE

Member of the Commission

L 64/16

EN

Official Journal of the European Communities

7.3.2002

ANNEX

Groups and examples of individual products to which the MRLs apply

Pesticide residues and maximum residue levels
(mg/kg)

Flupyrsulfuron-
methyl

Azoxystrobin

Pymetrozine

1. Fruits, fresh, dried or uncooked, preserved by freezing, not

0,02 (p) (*)

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

1 (p)

0,3 (p)

0,1 (p) (*)

0,02 (p) (*)

0,05 (p) (*)

0,02 (p) (*)

0,05 (p)

0,05 (p)

0,02 (p) (*)

0,02 (p) (*)

0,05 (p) (*)

2

2 (p)

0,05 (p) (*)

7.3.2002

EN

Official Journal of the European Communities

L 64/17

Groups and examples of individual products to which the MRLs apply

Pesticide residues and maximum residue levels
(mg/kg)

Flupyrsulfuron-
methyl

Azoxystrobin

Pymetrozine

(d) Other small fruit and berries (other than wild)

0,05 (p) (*)

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

0,02 (p) (*)

(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

0,05 (p) (*)

2

0,02 (p) (*)

0,02 (p) (*)

0,05 (p) (*)

0,2 (p)

0,2 (p)

0,2 (p)
0,2 (p)

0,2 (p)

0,05 (p) (*)

0,05 (p) (*)

0,02 (p) (*)

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

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

L 64/18

EN

Official Journal of the European Communities

7.3.2002

Groups and examples of individual products to which the MRLs apply

Pesticide residues and maximum residue levels
(mg/kg)

Flupyrsulfuron-
methyl

Azoxystrobin

Pymetrozine

(b) Cucurbits — edible peel

1 (p)

0,5 (p)

Cucumbers
Gherkins
Courgettes
Others

(c) Cucurbits — inedible peel

0,5 (p)

0,2 (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

0,05 (p) (*)

0,02 (p) (*)

0,05 (p) (*)

0,02 (p) (*)

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

0,02 (p) (*)

0,02 (p) (*)

(v)

LEAF VEGETABLES AND FRESH HERBS

(a) Lettuce and similar

3 (p)

1 (p)

Cress
Lamb's lettuce
Lettuce
Scarole
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 (p) (*)

0,02 (p) (*)

0,05 (p) (*)

0,02 (p) (*)

0,2 (p)

0,02 (p) (*)

0,05 (p) (*)

1 (p)

0,02 (p) (*)

1 (p)

0,5 (p)

7.3.2002

EN

Official Journal of the European Communities

L 64/19

Groups and examples of individual products to which the MRLs apply

Pesticide residues and maximum residue levels
(mg/kg)

Flupyrsulfuron-
methyl

Azoxystrobin

Pymetrozine

(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

0,02 (p) (*)

0,2 (p)
0,05 (p) (*)

5 (p)

1 (p)
0,1 (p)

0,05 (p) (*)

0,05 (p) (*)

0,02 (p) (*)

0,02 (p) (*)

0,1 (p)

0,02 (p) (*)

0,05 (p) (*)

0,05 (p) (*)

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

0,02 (p) (*)

0,05 (p) (*)

0,02 (p) (*)

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

0,05 (p) (*)

0,1 (p) (*)

0,1 (p) (*)

sinensis)

7. Hops

(dried), including hop pellets and unconcentrated powder

0,05 (p) (*)

20 (p)

5 (p)

(p) Indicates provisional maximum residue level. For those agricultural products listed in Annex II to Directive 90/642/EEC where the
maximum residue levels for flupyrsulfuron-methyl, pymetrozine and azoxystrobin are indicated as ‘(p)’, this shall mean that they are
provisional
By 1 December 2005, provisional maximum residue levels for flupyrsulfuron-methyl and pymetrozine shall cease to be provisional and
shall become definitive in the sense of Article 3 of Directive 90/624/EEC. For azoxystrobin this shall be 1 August 2003.

in accordance with the provisions of Article 4(1)(f) of Directive 91/414/EEC.

(*) Indicates lower limit of analytical determination.