Commission Directive 2002/100/EC of 20 December 2002 amending Council Directive 90/642/EEC in respect of maximum residue levels for azoxystrobin (Text with EEA relevance)
Date: 2002-12-20
Institutions: European Commission
Subjects: consumer protection, fruit, marketing standard, pesticide residue, plant health legislation, vegetable

7.1.2003

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Official Journal of the European Communities

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COMMISSION DIRECTIVE 2002/100/EC

of 20 December 2002

amending Council Directive 90/642/EEC in respect of maximum residue levels for azoxystrobin

(Text with EEA relevance)

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 fixing of maximum levels for pesticide resi-
dues in and on certain products of plant origin including fruit
and vegetables (1), as last amended by Directive 2002/79/EC (2),
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 (3), as last amended by Directive 2002/81/EC (4),
and in particular Article 4(1)(f) thereof,

Whereas:

The new active substance azoxystrobin was included in
Annex I to Directive 91/414/EEC by Commission Direc-
tives 98/47/EC (5) for use as a fungicide only, without
specifying particular conditions having an impact on
crops which may be treated with plant protection
products containing this active ingredient.

States are required to establish a new national provi-
sional MRL in accordance with Article 4(1)(f) of Direc-
tive 91/414/EEC before such a new use of a plant
protection product containing this active substance may
be authorised. Information relating to additional uses has
accordingly been submitted by certain Member States.
The information available has been reviewed and is suffi-
cient to modify provisional maximum residue levels at
Community level
the crops on which
Member States now propose to authorise the use of
plant protection products containing azoxystrobin.

in respect of

(4) With respect to the inclusion in Annex I to Directive 91/
414/EEC of azoxystrobin, the technical and scientific
evaluations were finalised in the form of a Commission
review report on 22 April 1998. This fixed the accep-
table daily intake (ADI) for the substance at 0,1 mg/kg
bw/day. The lifetime exposure of consumers of food
products treated with azoxystrobin was assessed and
evaluated in accordance with Community procedures
and practices, taking account of guidelines published by
the World Health Organisation (10) and the opinion of
the Scientific Committee for Plants (11) on the metho-
dology employed and it is calculated that the new MRLs
now proposed will not lead to the ADI being exceeded.

Maximum residue levels (MRLs) for azoxystrobin in and
on all commodities covered by Directive 90/642/EEC are
established in those Directives as amended in particular
by Commission Directives 1999/71/EC (6), 2000/48/
EC (7), 2001/48/EC (8) and 2002/23/EC (9).

(5)

The Community notified the draft Commission Directive
to the World Trade Organisation and the comments
received have been considered in finalising the Directive.

The MRLs established in that Directive reflect authorised
uses of azoxystrobin on certain crops. On crops where
no uses are authorised the MRLs were set at the lower
limit of analytical determination (LOD). In general, use
of azoxystrobin would result in residues in excess of the
LOD. Thus when a new use of it is proposed, Member

(1) OJ L 350, 14.12.1990, p. 71.
(2) OJ L 291, 28.10.2002, p. 1.
(3) OJ L 230, 19.8.1991, p. 1.
(4) OJ L 276, 12.10.2002, p. 28.
(5) OJ L 191, 7.7.1998, p. 50.
(6) OJ L 194, 27.7.1999, p. 36.
(7) OJ L 197, 3.8.2000, p. 26.
(8) OJ L 180, 3.7.2001, p. 26.
(9) OJ L 64, 7.3.2002, p. 13.

(6)

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

(10) 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).

(11) Opinion of the Scientific Committee on Plants regarding questions
relating to amending the Annexes to Council Directives 86/362/
EEC (OJ L 221, 7.8.1986, p. 7), 86/363/EEC (OJ L 221, 7.8.1986,
p. 43) and 90/642/EEC (Opinion expressed by the Scientific
Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/
dg24/health/sc/scp/out21_en.html).

(1)

(2)

(3)

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(7)

(8)

Directive 90/642/EEC should therefore be amended
accordingly.

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

The maximum pesticide residue levels for azoxystrobin in
Annex II to Directive 90/642/EEC shall be replaced by the
maximum pesticide residue levels in the Annex to this Direc-
tive.

Article 2

1.
This Directive shall enter into force on the 20th day
following that of its publication in the Official Journal of the
European Communities.

2. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 March 2003 at the latest. They shall forthwith
inform the Commission thereof.

3.

They shall apply these provisions as of 1 April 2003.

4. 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 3

Done at Brussels, 20 December 2002.

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. 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)

Azoxystrobin

1 (p)

0,1 (p) (*)

0,05 (p) (*)

0,05 (p) (*)

2

2 (p)

0,05 (p) (*)

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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)

Azoxystrobin

0,05 (p) (*)

0,05 (p) (*)

2

0,05 (p) (*)

0,2 (p)

0,2 (p)

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

0,2 (p)

0,05 (p) (*)

0,05 (p) (*)

2 (p)
2 (p)
2 (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)

Azoxystrobin

1 (p)

(c) Cucurbits — inedible peel

0,5 (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

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) (*)

0,05 (p) (*)

3 (p)

0,05 (p) (*)

0,05 (p) (*)

0,2 (p)

3 (p)

1 (p)
0,2 (p)
0,5 (p)

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Groups and examples of individual products to which the MRLs apply

(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

(leaves and stems, dried, fermented or otherwise, of Camellia sinensis)

7. Hops (dried),

including hop pellets and unconcentrated powder

Pesticide residues
and maximum
residue levels
(mg/kg)

Azoxystrobin

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

5 (p)

1 (p)
0,1 (p)

0,05 (p) (*)

0,05 (p) (*)

0,1 (p)

0,5 (p)

0,05 (p) (*)

0,05 (p) (*)

0,1 (p) (*)

20 (p)

(p) Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.

On 1 August 2003, such residue levels shall be deemed definitive in the sense of Article 3 of Directive 90/624/EEC.

(*) Indicates lower limit of analytical determination.