Commission Directive 2004/2/EC of 9 January 2004 amending Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for fenamiphos (Text with EEA relevance)
Date: 2004-01-09
Institutions: European Commission
Subjects: cereals, crop production, food inspection, foodstuff, marketing standard, pesticide residue

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Official Journal of the European Union

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COMMISSION DIRECTIVE 2004/2/EC

of 9 January 2004

amending Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue
levels for fenamiphos

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
2003/62/EC (2), 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 (3), as last amended by
Commission Directive 2003/60/EC (4), 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 (5), as last amended by Commission Directive 2003/
69/EC (6), and in particular Article 7 thereof,

Whereas:

(1)

In the case of cereals and 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 prac-
ticable and toxicologically acceptable, having regard, in
particular to the protection of the environment and the
estimated dietary intake of consumers. In the case of
the
foodstuffs of animal origin, residue levels reflect
consumption by animals of cereals and products of plant
origin treated with pesticides, and where relevant, the
direct consequences of the use of veterinary medicines.
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.

(2)

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

(1) OJ L 221, 7.8.1986, p. 37.
(2) OJ L 154, 21.6.2003, p. 70.
(3) OJ L 221, 7.8.1986, p. 43.
(4) OJ L 155, 24.6.2003, p. 15.
(5) OJ L 350, 14.12.1990, p. 71.
(6) OJ L 175, 15.7.2003, p. 37.

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 fenamiphos, a Member State informed the
Commission of its desire to revise national MRLs in
accordance with Article 8 of Directive 90/642/EEC, in
the light of concerns about consumer intake. A proposal
for the review of Community MRLs was submitted to
the Commission.

The lifetime and short term exposure of consumers to
fenamiphos
referred to in this Directive via food
products has been reassessed and evaluated in accord-
ance with Community procedures and practices, taking
account of guidelines published by the World Health
Organisation (7). It is calculated that the MRLs fixed in
this Directive will not lead to unacceptable consumer
exposure.

(3)

(4)

(5) 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.

(6)

(7)

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

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.

(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).

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Official Journal of the European Union

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(8)

(9)

The Annexes to Directives 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:

Article 1

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

‘Pesticide residue

Maximum level in mg/kg

Fenamiphos (sum of fenamiphos and its sulphoxide and
sulphone expressed as fenamiphos)

0,02 (*) Cereals

(*) Indicates lower limit of analytical determination.’

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

Maximum level in mg/kg

Article 2

Of meat, including fat, prepara-
tions of meat, offal and animal
fats as 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

For milk and milk products
listed in Annex I within CN
codes 0401, 0402, 0405 00
and 0406

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

0,01 (*)

0,005 (*)

0,01 (*)

‘Pesticide residue

Fenamiphos (sum of
fenamiphos and its
sulphoxide
and
expressed
sulphone
as fenamiphos)

(*) Indicates lower limit of analytical determination.’

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

Article 3

‘The MRLs for fenamiphos in the Annex to this directive are added to the MRLs in Annex II to Direc-
tive 90/642/EEC.’

Article 4

Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 July
2004 at the latest. They shall forthwith inform the Commission thereof.

They shall apply those provisions from 1 August 2004.

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 seventh day following that of its publication in the Official
Journal of the European Union.

Article 5

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This Directive is addressed to the Member States.

Article 6

Done at Brussels, 9 January 2004.

For the Commission

David BYRNE

Member of the Commission

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Pesticide residue and maximum residue
level (mg/kg)

Fenamiphos (sum of fenamiphos and its
sulphoxide and sulphone expressed as
fenamiphos)

0,02 (*)

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

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii)

TREE NUTS (shelled or unshelled)

0,02 (*)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii)

POME FRUIT

0,02 (*)

Apples

Pears

Quinces

Others

(iv)

STONE FRUIT

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

0,02 (*)

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

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)

Fenamiphos (sum of fenamiphos and its
sulphoxide and sulphone expressed as
fenamiphos)

0,02 (*)

0,05

0,02 (*)

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

2. Vegetables, fresh or uncooked, frozen or dry

(i)

ROOT AND TUBER VEGETABLES

Pesticide residue and maximum residue
level (mg/kg)

Fenamiphos (sum of fenamiphos and its
sulphoxide and sulphone expressed as
fenamiphos)

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

0,5

0,02 (*)

0,02 (*)

0,05

0,1

0,05

0,02 (*)

0,05

0,05

0,02 (*)

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

Pesticide residue and maximum residue
level (mg/kg)

Fenamiphos (sum of fenamiphos and its
sulphoxide and sulphone expressed as
fenamiphos)

0,05

0,05

0,02 (*)

0,02 (*)

0,02 (*)

0,05

0,05

0,02 (*)

0,02 (*)

0,02 (*)

0,02 (*)

(c) Cucurbits — inedible peel

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

(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) Water cress

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

Pesticide residue and maximum residue
level (mg/kg)

Fenamiphos (sum of fenamiphos and its
sulphoxide and sulphone expressed as
fenamiphos)

(d) Witloof

(e) Herbs

Chervil

Chives

Parsley

Celery leaves

Others

(vi)

LEGUME VEGETABLES (fresh)

0,02 (*)

Beans (with pods)

Beans (without pods)

Peas (with pods)

Peas (without pods)

Others

(vii) STEM VEGETABLES (fresh)

0,02 (*)

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

0,02 (*)

0,02 (*)

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)

Fenamiphos (sum of fenamiphos and its
sulphoxide and sulphone expressed as
fenamiphos)

Poppy seed

Sesame seed

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Others

5. Potatoes

Early potatoes

Ware potatoes

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

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

(*) Indicates lower limit of analytical determination.’

0,02 (*)

0,05 (*)

0,05 (*)