Commission Directive 2002/76/EC of 6 September 2002 amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (metsulfuron methyl) in and on cereals and certain products of plant origin, including fruit and vegetables (Text with EEA relevance)
Date: 2002-09-06
Institutions: European Commission
Subjects: cereals, crop production, food inspection, fruit, pesticide residue, vegetable

7.9.2002

EN

Official Journal of the European Communities

L 240/45

COMMISSION DIRECTIVE 2002/76/EC

of 6 September 2002

amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards the fixing of
maximum levels for pesticide residues (metsulfuron methyl) in and on cereals and certain products
of plant origin, including fruit and vegetables

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

414/EEC before plant protection products containing
this active substance may be authorised.

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
2002/71/EC (2), and in particular Article 10 thereof,

Having regard to Council Directive 90/642/EEC of 27
November 1990 on fixing of maximum levels for pesticide
residues in and on certain products of plant origin including
fruit and vegetables (3), as last amended by Directive 2002/
71/EC, 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 (4), as last amended by Commission Directive 2002/
64/EC (5), and in particular Article 4(1)(f) thereof,

Whereas:

(1)

(2)

The existing active substance metsulfuron methyl, was
included in Annex I
to Directive 91/414/EEC by
Commission Directives 2000/49/EC (6), for use as herbi-
conditions
cides, but without
having an impact on crops which may be treated with
plant protection products
active
substance.

specifying particular

containing

this

The inclusion in Annex I to Directive 91/414/EEC of the
active substance concerned was based on the assessment
of the information submitted concerning the proposed
use. Information relating to this use has been submitted
by certain Member States in accordance with Article
4(1)(f) of Directive 91/414/EEC. The information avail-
able has been reviewed and is sufficient to allow certain
maximum residue levels (MRLs) to be fixed.

(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/

(1) OJ L 221, 7.8.1986, p. 37.
(2) OJ L 225, 22.8.2002, p. 21.
(3) OJ L 350, 14.12.1990, p. 71.
(4) OJ L 230, 19.8.1991, p. 1.
(5) OJ L 189, 18.7.2002, p. 27.
(6) OJ L 197, 3.8.2000, p. 32.

exposure

the active substance 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 report. The report
was finalised on 16 June 2000. The report fixed the
Acceptable Daily Intake (ADI) for metsulfuron methyl at
bw/day.
0,22 mg/kg
of
The
lifetime
consumers of
food products treated with the active
substance concerned has been assessed and evaluated in
accordance with Community procedures. Account has
also been taken of guidelines published by the World
Health Organisation (7) and the opinion of the Scientific
Committee for Plants (8) on the methodology employed.
It is concluded that MRLs proposed will not lead to
those ADIs being exceeded. No acute toxic effects
requiring the setting of an Acute Reference Dose were
noted during the evaluation and discussion preceding
the inclusion of metsulfuron methyl
to
Directive 91/414/EEC.

in Annex I

(5)

(6)

In order 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 MRLs at the lower limit of
analytical determination for all such products covered by
Directives 86/362/EEC and 90/642/EEC.

The setting at Community level of such provisional
MRLs does not prevent the Member States from estab-
lishing provisional maximum residue levels for metsul-
furon methyl
in accordance with Article 4(1)(f) of
Directive 91/414/EEC and Annex VI thereto. It is consid-
ered that a period of four years is sufficient to permit
the active substance concerned. The
further uses of
provisional MRL should then become definitive.

(7)

The Annexes to Directives 86/362/EEC and 90/642/EEC
should therefore be amended accordingly.

(7) Guidelines

for predicting dietary intake of pesticide 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).

(8) Opinion of

the

Scientific Committee on Plants

regarding
questions relating to amending the Annexes to Council Directives
86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by
the
1998)
on
(http://europa.eu.int/comm/food/fs/sc/index_en.html).

Committee

Scientific

Plants,

July

14

L 240/46

EN

Official Journal of the European Communities

7.9.2002

(8)

(9)

The Commission notified this Directive in draft form to
the World Trade Organisation and the comments
received have been considered in finalising the Directive.
The possibility of
tolerance MRLs for
fixing import
specific pesticide/crop combinations will be examined by
the Commission on the basis of the acceptable data
submitted.

This Directive is in accordance with the opinion of the
Standing Committee on the Food Chain and Animal
Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Article 3

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

They shall apply these provisions with effect from 1 January
2003.

those provisions,

they shall
When Member States adopt
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.

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

Article 4

Pesticide residue

Maximum level in mg/kg

‘Metsulfuron-methyl

0,05 (*) (p) Cereals

(*)
(p)

indicates lower limit of analytical determination.
indicates provisional maximum residue level in accordance with Article 4(1)(f)
of Directive 91/414/EEC: unless amended, this level will become definitive with
effect from 4 years from date of coming into force of the Directive introducing
this amendment.’

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 6 September 2002.

Article 2

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

For the Commission

David BYRNE

Member of the Commission

7.9.2002

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Official Journal of the European Communities

L 240/47

ANNEX

‘Groups and examples of individual products to which the MRLs apply

Pesticide residue and maximum residue levels
(mg/kg)

Metsulfuron methyl

1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing

0,05 (*) (p)

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

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

Bilberries
Cranberries

L 240/48

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Official Journal of the European Communities

7.9.2002

Groups and examples of individual products to which the MRLs apply

Pesticide residue and maximum residue levels
(mg/kg)

Metsulfuron methyl

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

0,05 (*) (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

(b) Cucurbits — edible peel

Cucumbers
Gherkins
Courgettes
Others

7.9.2002

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Official Journal of the European Communities

L 240/49

Groups and examples of individual products to which the MRLs apply

Pesticide residue and maximum residue levels
(mg/kg)

Metsulfuron methyl

(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 HERBS

(a) Lettuce and similar

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)

(vii)

LEGUME VEGETABLES (fresh)
Beans (with pods)
Beans (without pods)
Peas (with pods)
Peas (without pods)
Others

STEM VEGETABLES (fresh)
Asparagus
Cardoons
Celery
Fennel

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Groups and examples of individual products to which the MRLs apply

Pesticide residue and maximum residue levels
(mg/kg)

Metsulfuron methyl

Globe artichokes
Leek
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

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

Camellia sinensis)

7. Hops

(dried),

including hop pellets and unconcentrated powder

0,05 (*) (p)

0,1 (*) (p)

0,05 (*) (p)

0,1 (*) (p)

0,1 (*) (p)

(*)
(p)

Indicates lower limit of analytical determination
Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will
become definitive with effect from 4 years from date of coming into force of the Directive introducing this amendment.’