Commission Directive 2003/118/EC of 5 December 2003 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for acephate, 2,4-D and parathion-methyl (Text with EEA relevance)
Date: 2003-12-05
Institutions: European Commission
Subjects: animal nutrition, food inspection, foodstuffs legislation, fruit, pesticide residue, vegetable

16.12.2003

EN

Official Journal of the European Union

L 327/25

COMMISSION DIRECTIVE 2003/118/EC

of 5 December 2003

amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC
as regards maximum residue levels for acephate, 2,4-D and parathion-methyl

(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 Directive 2003/60/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
2003/62/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 Direc-
tive 2003/60/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 (6), as last amended by Directive 2003/69/
EC (7), 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 (8), as last amended by Commission Directive 2003/
84/EC (9), and in particular Article 4(1)(f) thereof,

Whereas:

(1)

(2)

For the existing active substances acephate and para-
thion-methyl, decisions were taken not to include them
in Annex I to Directive 91/414/EEC by Commission
Decisions 2003/219/EC (10) and 2003/166/EC (11) respec-
tively. These Decisions provided that plant protection
products containing these active substances shall no
longer be authorised for use in the Community.

In order to allow legitimate expectations to be fulfilled
for existing stocks of pesticides to be used, the Commis-
sion Decisions cited in recital 1, allowed a phasing-out
period, and it
is appropriate that maximum residue
levels (MRLs) premised on the notion that use of the

(1) OJ L 340, 9.12.1976, p. 26.
(2) OJ L 155, 24.6.2003, p. 15.
(3) OJ L 221, 7.8.1986, p. 37.
(4) OJ L 154, 21.6.2003, p. 70.
(5) OJ L 221, 7.8.1986, p. 43.
(6) OJ L 350, 14.12.1990, p. 71.
(7) OJ L 175, 15.7.2003, p. 37.
(8) OJ L 230, 19.8.1991, p. 1.
(9) OJ L 247, 30.9.2003, p. 20.
(10) OJ L 82, 29.3.2003, p. 40.
(11) OJ L 67, 10.3.2003, p. 18.

substance concerned is not authorised in the Community
should not apply until the end of the phasing-out period
applying to that substance.

Community MRLs and the levels recommended by the
Codex Alimentarius (12) are fixed and evaluated following
similar procedures. There are a limited number of Codex
MRLs for acephate and parathion-methyl. These have
been considered in the setting of the MRLs fixed in this
Directive. Codex MRLs that will be recommended for
withdrawal
taken into
in the near future were not
account. The MRLs based on Codex MRLs having been
evaluated in the light of the risks for the consumers, no
risk was established.

the consumer is adequately
In order to ensure that
protected from exposure to residues resulting from
unauthorised uses of plant protection products, MRLs
should be set for the relevant product/pesticide combina-
tions at the lower limit of analytical determination.

It is therefore necessary to add all of the pesticide resi-
dues arising from use of those 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.

MRLs for parathion-methyl should be set in Directives
86/362/EEC, 86/363/EEC and 90/642/EEC. Provisions of
Directive 76/895/EEC which set MRLs for that substance
should consequently be deleted.

(3)

(4)

(5)

(6)

(7) Where no Community MRL or provisional community
MRL exists, as is the case for 2,4-D on citrus by
Commission Directive 2002/97/EC (13), Member States
are to establish a national provisional MRL in accord-
ance with Article 4(1)(f) of Directive 91/414/EEC before
plant protection products
active
substances may be authorised. Data have been submitted
by a Member State that demonstrated that a higher MRL
can be set for citrus, reflecting the use of 2,4-D in some
third countries. Data have been submitted showing that
these residues do not pose a risk to consumers in the
Community.

containing

these

(12) http://apps.fao.org/CodexSystem/pestdes/pest_q-e.htm.
(13) OJ L 343, 18.12.2002, p. 23.

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Official Journal of the European Union

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(8)

(9)

The relevant Annexes to Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC should
therefore be amended accordingly.

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

HAS ADOPTED THIS DIRECTIVE:

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

Article 1

Article 2

In part A of Annex II to Directive 86/362/EEC the following rows are added:

Pesticide residue

Maximum level in mg/kg

‘Acephate

Parathion-methyl
oxon-methyl expressed as Parathion-methyl)

(sum of Parathion-methyl and para-

(*) Indicates lower limit of analytical determination.’

0,02 (*) cereals

0,02 (*) cereals

In part B of Annex II to Directive 86/363/EEC the following rows are added:

Maximum level (mg/kg)

Article 3

Pesticide residue

Of meat, including fat,
preparations of meat, offals
and animal fats as listed in
Annex I within CN code Nos
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 within CN
code Nos 0401, 0402,
0405 00 and 0406

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

‘Acephate

Parathion-methyl
(sum of
Parathion-methyl and para-
oxon-methyl
expressed as
Parathion-methyl)

0,02 (*)

0,02 (*)

0,02 (*)

0,02 (*)

0,02 (*)

0,02 (*)

(*) Indicates lower limit of analytical determination.’

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

Article 4

1. The maximum pesticide residue levels (MRLs) as shown in the Annex to this Directive are added to

Annex II to Directive 90/642/EEC.

2. The maximum pesticide residue level for 2,4-D (sum of 2,4-D and its esters expressed as 2,4-D) on

citrus fruit shall be amended to ‘1 (p) mg/kg’.

Article 5

Member States shall adopt and publish the provisions necessary to comply with this Directive by 30
November 2004 at the latest, with the exception of the provision pursuant to Article 4(2), which shall be
adopted and published by the Member States by 31 March 2004 at the latest. They shall forthwith inform
the Commission thereof.

They shall apply those provisions from 1 December 2004 with the exception of the provision pursuant to
Article 4(2), which shall be applied by 1 April 2004.

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When Member States adopt those provisions, they shall contain a reference to this Directive or be accom-
panied 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 that of its publication in the Official Journal
of the European Union.

Article 6

This Directive is addressed to the Member States.

Article 7

Done at Brussels, 5 December 2003.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

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ANNEX

Groups and examples of individual products to which the MRLs
apply

Pesticide residue and maximum residue levels (mg/kg)

Acephate

Parathion-methyl (sum of Para-
thion-methyl and para-oxon-methyl
expressed as Parathion-methyl)

1. Fruit,

fresh, dried or uncooked, preserved by

0,02 (*)

0,02 (*)

freezing, not containing added sugar; nuts

(i)

CITRUS FRUIT

Grapefruit

Lemons

Limes

Mandarins
hybrids)

Oranges

Pomelos

Others

(including

clementines

and

other

(ii)

TREE NUTS (shelled or unshelled)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia nuts

Pecan nuts

Pine nuts

Pistachio nuts

Walnuts

Others

(iii)

POME FRUIT

Apples

Pears

Quinces

Others

(iv)

STONE FRUIT

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

(v)

BERRIES AND SMALL FRUIT

(a) Tables and wine grapes

Table grapes

Wine grapes

(b) Strawberries (other than wild)

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Groups and examples of individual products to which the MRLs
apply

Pesticide residue and maximum residue levels (mg/kg)

Acephate

Parathion-methyl (sum of Para-
thion-methyl and para-oxon-methyl
expressed as Parathion-methyl)

(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

2. Vegetables, fresh or uncooked, frozen or dry

0,02 (*)

0,02 (*)

(i)

ROOT AND TUBER VEGETABLES

Beetroot

Carrots

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

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Groups and examples of individual products to which the MRLs
apply

Pesticide residue and maximum residue levels (mg/kg)

Acephate

Parathion-methyl (sum of Para-
thion-methyl and para-oxon-methyl
expressed as Parathion-methyl)

(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

(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

Others

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Groups and examples of individual products to which the MRLs
apply

Pesticide residue and maximum residue levels (mg/kg)

Acephate

Parathion-methyl (sum of Para-
thion-methyl and para-oxon-methyl
expressed as Parathion-methyl)

(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)

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. OIL SEEDS

Linseed

Peanuts

Poppy seeds

Sesame seeds

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Others

0,02 (*)

0,05 (*)

0,2

0,02 (*)

0,05 (*)

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Pesticide residue and maximum residue levels (mg/kg)

Groups and examples of individual products to which the MRLs
apply

5. POTATOES

Early potatoes

Ware potatoes

Acephate

0,02 (*)

6. TEA (leaves and stems, dried, fermented or other-

0,05 (*)

wise, from the leaves of Camellia sinensis)

7. HOPS (dried), including hop pellets and unconcen-

0,05 (*)

trated powder

(*) Indicates lower limit of analytical determination.

Parathion-methyl (sum of Para-
thion-methyl and para-oxon-methyl
expressed as Parathion-methyl)

0,02 (*)

0,05 (*)

0,05 (*)