Commission Directive 2002/66/EC of 16 July 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)
Date: 2002-07-16
Institutions: European Commission
Subjects: animal product, cereals, foodstuff, fruit, health control, pesticide residue, plant health control, vegetable

20.7.2002

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Official Journal of the European Communities

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COMMISSION DIRECTIVE 2002/66/EC

of 16 July 2002

amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC
as regards the fixing of maximum levels for pesticide residues in and on fruit and vegetables,
including fruit and
cereals, foodstuffs of animal origin and certain products of plant origin,

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 76/895/EEC of 23
November 1976 relating to the fixing of maximum levels for
pesticide residues in and on fruit and vegetables (1), as last
amended by Commission Directive 2000/82/EC (2), and in
particular Article 5 thereof,

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 (3), as last amended by Commission Directive
2002/42/EC (4), 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 (5), as last amended by
Directive 2002/42/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 products of plant origin, including fruit and
vegetables (6), as last amended by Directive 2002/42/EC, and in
particular Article 7 thereof,

Whereas:

(1)

In the case of cereals and products of plant origin
including fruit and vegetables, residue levels should
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,
in particular to the protection of the
having regard,
environment and the protection of
the health of
consumers in terms of estimated dietary intake of
consumers. In the case of foodstuffs of animal origin,
residue levels should reflect the consumption by animals
of cereals and products of plant origin treated with
pesticides and, where relevant, the direct consequences
veterinary medicines. Community
of

the use of

(1) OJ L 340, 9.12.1976, p. 26.
(2) OJ L 3, 6.1.2001, p. 18.
(3) OJ L 221, 7.8.1986, p. 37.
(4) OJ L 134, 22.5.2002, p. 29.
(5) OJ L 221, 7.8.1986, p. 43.
(6) OJ L 350, 14.12.1990, p. 71.

(2)

(3)

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 the
levels may be changed to take account of new informa-
tion and data. MRLs should be fixed at the lower limit of
analytical determination where there are no authorised
uses.

for:

Decision

2000/817/EC) (11),

Commission Decisions have been taken not to include
active substances in Annex I to Council Directive 91/
414/EEC of 15 June 1991 on the placing of plant
protection products on the market (7), as last amended
by Commission Directive 2002/48/EC (8)
lindane
(Commission Decision 2000/801/EC) (9), quintozene
(Commission Decision 2000/816/EC) (10), permethrin
zineb
(Commission
(Commission Decision 2001/245/EC) (12) and parathion
(Commission Decision 2001/520/EC) (13). These Deci-
sions provided that plant protection products containing
these active substances shall no longer be authorised for
use in the Community. It is therefore necessary to add
all of the pesticide residues arising from use of these
plant protection products to the Annexes to Directives
86/362/EEC, 86/363/EEC and 90/642/EEC to allow for
proper surveillance and control of the prohibition of
their uses and to protect the consumer. Since it is not
possible to discriminate in routine monitoring between
zineb and other dithiocarbamates, it is not possible to
set MRLs for zineb. In order to allow legitimate expecta-
tions to be fulfilled for existing stocks of pesticides to be
used, the Commission non-inclusion Decisions allowed a
phasing out period, and it is appropriate that MRLs
the substance
premised on the notion that use of
concerned is not authorised in the Community, should
not apply until
the phasing out period
applying to that substance.

the end of

(7) OJ L 230, 19.8.1991, p. 1.
(8) OJ L 148, 6.6.2002, p. 19.
(9) OJ L 324, 21.12.2000, p. 42.
(10) OJ L 332, 28.12.2000, p. 112.
(11) OJ L 332, 28.12.2000, p. 114.
(12) OJ L 88, 28.3.2001, p. 19.
(13) OJ L 187, 10.7.2001, p. 47.

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(4)

(5)

82/528/EEC) (1),

Maximum residue levels have previously been fixed in
relation to lindane and parathion for some commodities,
in Annex II to Directive 76/895/EEC (as amended by
this
Commission Directive
Directive allows Member States
to establish higher
MRLs. To establish harmonised maximum levels of
pesticide residues for lindane and parathion in and on
fruit and vegetables at Community level it is necessary to
include these MRLs instead in Directive 90/642/EEC.
Further, the MRLs should be amended to reflect the
withdrawal of authorisations at Community level.

but

fact that uses of the substances in the past have left
residues which can be considered as contaminants. The
MRLs based on Codex MRLs having been evaluated in the
light of the risks for the consumers, no risk was estab-
lished when using the toxicological end points based on
the studies available to the Commission. The ADI for
lindane is 0,001 mg/kg bw/day (JMPR 1997), no acute
reference dose being considered necessary, the ADI for
parathion is 0,004 mg/kg bw/day (JMPR 1995),
the
ARfD being 0,01 mg/kg bw/day (JMPR 1995), the ADI
for permethrin is 0,05 mg/kg bw/day (JMPR 1999), no
ARfD being considered necessary, the ADI for quinto-
zene is 0,01 mg/kg bw/day (JMPR 1995), no ARfD
being considered necessary.

Community maximum residue levels and the levels
recommended by the Codex Alimentarius are fixed and
evaluated following similar procedures. There are a
limited number of Codex maximum residue limits for
lindane, quintozene, permethrin and parathion. These
have been considered in the setting of the maximum
residue levels fixed in this Directive. Codex MRLs that
will be recommended for withdrawal in the near future
were not
taken into account. The Codex MRLs for
lindane 0,1 mg/kg (eggs) and 0,7 mg/kg (poultry meat)
are EMRLs (extraneous residue limits). These MRLs are
not set at the level which would result from current use
of plant protection products, but take account of the

HAS ADOPTED THIS DIRECTIVE:

(6)

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 (2).

(7)

The measures provided for in this Directive are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

In Annex II to Directive 76/895/EEC the entries relating to lindane and parathion shall be deleted.

Article 1

In the table in Part A of Annex II to Directive 86/362/EEC entries in respect of the following pesticide
residues shall be added:

Article 2

Pesticide residue

Maximum level (mg/kg)

‘Lindane

Quintozene (sum of quintozene, and pentachloro-aniline expressed as
quintozene)

Permethrin (sum of isomers)

Parathion

(*) Indicates lower limit of analytical determination.’

0,01 (*) cereals

0,02 (*) cereals

0,05 (*) cereals

0,05 (*) cereals

Entries in respect of the following pesticide residues shall be added to the table in part A of Annex II to
Directive 86/363/EEC:

(1) OJ L 234, 9.8.1982, p. 1.

(2) Guidance notes on import tolerances — Document 7169/VI/99

rev. 1.

Article 3

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Official Journal of the European Communities

L 192/49

Maximum level (mg/kg)

Pesticide residue

Of fat contained in meat, prepara-
tions of meat, offals and animal fats
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 (i) (iv)

For raw cows' milk and whole
cream cows' milk listed in Annex 1
within CN code 0401; for the other
foodstuffs within CN codes 0401,
0402, 0405 00 and 0406, in accor-
dance with (ii) (iv)

Of shelled fresh eggs, in birds' eggs
and egg yolks listed in Annex 1
within CN code 0407 00 and 0408
(iii) (iv)

‘Lindane

Quintozene

Parathion

Poultry meat 0,7 (1)
Others 0,02 (2)

0,01 (*)

0,05 (*)

0,001 (*)

0,01 (*)

0,05 (*)

0,1 (1)

0,01 (*)

0,05 (*)

(1) These MRLs are based on Codex MRLs (extraneous residue limits) and do not result from the use of plant protection products.
(2) Based on monitoring data.
(*) Indicates lower limit of analytical determination.’

In the table in Annex II to Directive 90/642/EEC, the entries for pesticide residues as set out in the Annex
to this Directive shall be added or modified.

Article 4

Article 5

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

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to
comply with this Directive by 30 November 2002 at the latest. They shall forthwith inform the
Commission thereof.

2. They shall apply these provisions as of 1 December 2002 for lindane, quintozene and permethrin and as

of 1 May 2003 for parathion.

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 is addressed to the Member States.

Article 6

Done at Brussels, 16 July 2002.

For the Commission

David BYRNE

Member of the Commission

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Groups and examples of individual products
to which the MRLs apply

ANNEX

Lindane

Pesticide residues and maximum residue levels (mg/kg)

Quintozene (sum of
quintozene, and
pentachloroaniline
expressed
as quintozene)

Permethrin
(sum of isomers)

Parathion

1. Fruits,

fresh, dried or uncooked, preserved by

0,01 (*)

0,02 (*)

0,05 (*)

0,05 (*)

freezing, not containing added sugar: nuts

(i)

(ii)

(iii)

(iv)

CITRUS FRUIT
Grapefruit
Lemons
Limes
Mandarins
hybrids)
Oranges
Pomelos
Others

(including

clementines

and

other

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

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Official Journal of the European Communities

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Pesticide residues and maximum residue levels (mg/kg)

Lindane

Quintozene (sum of
quintozene, and
pentachloroaniline
expressed
as quintozene)

Permethrin
(sum of isomers)

Parathion

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
Banans
Dates
Figs
Kiwi
Kumquats
Litchis
Mangoes
Olives
Passion fruit
Pineapples
Pomegranate
Others

2. Vegetables, fresh or uncooked, frozen or dry

0,01 (*)

0,02 (*)

0,05 (*)

0,05 (*)

(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

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Groups and examples of individual products
to which the MRLs apply

Pesticide residues and maximum residue levels (mg/kg)

Lindane

Quintozene (sum of
quintozene, and
pentachloroaniline
expressed
as quintozene)

Permethrin
(sum of isomers)

Parathion

(b) Cucurbits — edible peel

Cucumbers
Gherkins
Courgettes
Others

(c) Cucurbits — inedible peel

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

Cress
Lamb's lettuce
Lettuce
Scarole (broad-leaf endive)
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)
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

Pesticide residues and maximum residue levels (mg/kg)

Lindane

Quintozene (sum of
quintozene, and
pentachloroaniline
expressed
as quintozene)

Permethrin
(sum of isomers)

Parathion

(vii)

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

0,01 (*)

0,02 (*)

0,05 (*)

0,05 (*)

0,01 (*)

0,05 (*)

0,05 (*)

0,05 (#)

0,01 (*)

0,02 (*)

0,02 (*)

0,05 (*)

0,05 (*)

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

0,05 (*)

0,05 (*)

Camellia sinensis)

7. Hops

(dried), including hop pellets and unconcentrated

0,05 (*)

0,05 (*)

0,1 (*)

0,1 (*)

0,1 (*)

0,1 (*)

powder

(*) Indicates lower limit of analytical determination.

(#) Indicates that the MRL is based on Codex MRL.