Commission Directive 2003/69/EC of 11 July 2003 amending the Annex to Council Directive 90/642/EEC as regards maximum residue levels for chlormequat, lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and certain dithiocarbamates (Text with EEA relevance)
Date: 2003-07-11
Institutions: European Commission
Subjects: consumer protection, crop production, food inspection, marketing standard, pesticide residue

15.7.2003

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Official Journal of the European Union

L 175/37

COMMISSION DIRECTIVE 2003/69/EC

of 11 July 2003

amending the Annex to Council Directive 90/642/EEC as regards maximum residue levels for
chlormequat, lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and certain dithiocarbamates

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 Council Regulation (EC) No
2003/806 (2), and in particular Article 7 thereof,

Whereas:

(1)

(2)

(3)

In the case of 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 as low as is practicable and toxico-
logically acceptable, having regard, in particular to the
protection of the environment and the estimated dietary
intake of consumers. Community maximum residue
levels (MRLs) represent the upper limit of the amount of
such residues that might be expected to be found in
commodities when good agricultural practices have been
respected.

MRLs for pesticides are kept under review and changed
to take account of new information and data. MRLs 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.

In the case of chlormequat, Member States and stake-
holders informed the Commission that contamination of
pears due to the background levels of chlormequat in
the environment originating from earlier use continues
to be significant. Monitoring data show that the decline
of
the temporary MRL
provided for in Directive 90/642/EEC needs to remain in
place for three more years.

the residues is so slow that

(1) OJ L 350, 14.12.1990, p. 71.
(2) OJ L 122, 16.5.2003, p. 1.

lambda-cyhalothrin, kresoxim-methyl,
In the case of
azoxystrobin and mancozeb applications for new or
changed uses were submitted to the Rapporteur Member
States. Those uses were evaluated and it was concluded
that they would not result in unacceptable consumer
exposure.

For mancozeb it is not possible with the current method
of routine analysis to distinguish it from other dithiocar-
bamates (maneb, mancozeb, metiram, propineb and
zineb (sum expressed as CS2)), therefore the residue defi-
nition covers the whole group of dithiocarbamates.

The Commission concluded that it is prudent to modify
some of the MRLs in view of the possible risks to consu-
mers. It is important that additional risk management
measures should be taken by the Member States to
adequately protect the consumer.

The lifetime and short term exposure of consumers to
the pesticides referred to in this Directive via food
products has been reassessed and evaluated in accor-
dance with Community procedures and practices, taking
account of guidelines published by the World Health
Organisation (3). It is calculated that the MRLs fixed in
this Directive will not lead to unacceptable consumer
exposure.

(5)

(6)

(7)

(8) Where relevant,

the acute exposure of consumers to
those pesticides via each of the food products that may
contain residues has been assessed and evaluated in
accordance with Community procedures and practices,
taking account of guidelines published by the World
Health Organisation. It is concluded that the presence of
pesticide residues at or below the MRLs proposed in this
Directive will not cause acute toxic effects.

(9)

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

(3) 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).

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Official Journal of the European Union

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(10)

(11)

(12)

The opinions of the Scientific Committee for Plants have
been taken into account,
in particular its advice and
recommendations concerning the methodology to be
followed for the protection of consumers of agricultural
products treated with pesticides.

The Annex to Directive 90/642/EEC should therefore be
amended accordingly.

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

Article 2

Member States shall adopt and publish the provisions necessary
to comply with this Directive by 31 July 2003 at the latest.
They shall forthwith inform the Commission thereof.

They shall apply those provisions from 1 August 2003.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

HAS ADOPTED THIS DIRECTIVE:

Article 3

Article 1

Annex II to Directive 90/642/EEC is amended as follows:

1.

2.

3.

in the entry for kresoxim-methyl on strawberries ‘0,2 (p)
mg/kg’ is replaced by ‘1 (p) mg/kg’;

in the entry for the dithiocarbamates:
‘Maneb, mancozeb,
metiram, propineb and zineb (sum expressed as CS2)’ on
radishes ‘0,2 mg/kg’
is replaced by ‘2 mg/kg’, on spring
onions ‘0,05* mg/kg’ is replaced by ‘1 mg/kg’;

in the entry for chlormequat on pears the footnote (t) is
replaced by the following:
‘(t) A temporary MRL of 0,3 mg/kg shall apply until 31

July 2006.’;

4. the entries for azoxystrobin and lambda-cyhalothrin are

replaced by the entries in Annex to this Directive.

This Directive shall enter
into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 11 July 2003.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

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0,1

0,2

0,2

0,2

0,1

0,1

0,02 (*)

0,05 (*)

ANNEX

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

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

added sugar; nuts

(i)

CITRUS FRUIT

Grapefruit

Lemons

Limes

Pesticide residue and maximum residue
level (mg/kg)

Azoxystrobin

Lambda-
cyhalothrin

1

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii)

TREE NUTS (shelled or unshelled)

0,1 (*)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii)

POME FRUIT

0,05 (*)

0,1

Apples

Pears

Quinces

Others

(iv)

STONE FRUIT

0,05 (*)

Apricots

Cherries

0,2

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

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

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

Pesticide residue and maximum residue
level (mg/kg)

Azoxystrobin

Lambda-
cyhalothrin

0,2

0,1

0,2

0,5

0,02 (*)

0,1

0,1

0,02 (*)

0,2

0,02 (*)

2

2

3

3

0,05 (*)

0,05 (*)

0,05 (*)

2

0,05 (*)

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

Pesticide residue and maximum residue
level (mg/kg)

Azoxystrobin

Lambda-
cyhalothrin

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

(b) Cucurbits — edible peel

Cucumbers

Gherkins

Courgettes

Others

0,2

0,3

0,2

0,2

0,2

0,2

0,1

0,1

0,05 (*)

0,02 (*)

2

0,05

0,05 (*)

0,02 (*)

2

2

2

0,1

0,1

0,5

0,05 (*)

0,02 (*)

1

0,1

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

Pesticide residue and maximum residue
level (mg/kg)

Azoxystrobin

Lambda-
cyhalothrin

(c) Cucurbits — inedible peel

0,5

0,05

Melons

Squashes

Watermelons

Others

(d) Sweet corn

(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

0,05 (*)

0,05

0,1

0,05

0,2

0,02 (*)

1

0,5

0,05 (*)

0,3

0,05 (*)

0,05 (*)

0,2

0,02 (*)

(v)

LEAF VEGETABLES AND FRESH HERBS

(a) Lettuce and similar

3

1

Cress

Lamb's lettuce

Lettuce

Scarole (broad-leaf endive)

Others

(b) Spinach and similar

Spinach

Beet leaves (chard)

Others

(c) Water cress

(d) Witloof

0,05 (*)

0,05 (*)

0,2

0,5

0,02 (*)

0,02 (*)

0,02 (*)

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

(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

(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. Oilseeds

Linseed

Peanuts

Poppy seed

Pesticide residue and maximum residue
level (mg/kg)

Azoxystrobin

Lambda-
cyhalothrin

3

1

1

0,2

0,5

0,2

0,2

0,02 (*)

0,2

0,2

0,05 (*)

0,02 (*)

5

1

0,1

0,05 (*)

0,05 (*)

0,3

0,3

0,02 (*)

0,02 (*)

0,5

0,1

0,02 (*)

0,02 (*)

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

Sesame seed

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Others

5. Potatoes

Early potatoes

Ware potatoes

Pesticide residue and maximum residue
level (mg/kg)

Azoxystrobin

Lambda-
cyhalothrin

0,5

0,5

0,05 (*)

0,05 (*)

0,02 (*)

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

7. Hops (dried), including hop pellets and unconcentrated powder

0,1

20

1

10

(*) Indicates lower limit of analytical determination.’