Commission Directive 2004/59/EC of 23 April 2004 amending Council Directive 90/642/EEC as regards the maximum levels for bromopropylate residues fixed therein (Text with EEA relevance)
Date: 2004-04-23
Institutions: European Commission
Subjects: crop production, export (EU), food inspection, intra-EU trade, marketing standard, pesticide residue

L 120/30

EN

Official Journal of the European Union

24.4.2004

COMMISSION DIRECTIVE 2004/59/EC

of 23 April 2004

amending Council Directive 90/642/EEC as regards the maximum levels for bromopropylate resi-
dues fixed therein

(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 the fixing of maximum levels for pesticide
residues in and on certain products of plant origin including
fruit and vegetables (1), and in particular Article 7 thereof,

Whereas:

(1)

(2)

(3)

(EC) No

2076/2002

Commission Regulation
of
November 2002 extending the time period referred to in
Article 8(2) of Council Directive 91/414/EEC and
concerning the non-inclusion of certain active substances
in Annex I to that Directive and the withdrawal of
authorisations for plant protection products containing
these substances (2) allows certain Member States to
maintain in force, until 30 June 2007, authorisations for
plant protection products containing certain substances,
whose non-inclusion in Annex I to Council Directive
91/414/EEC (3) it provides for.

reflect

(MRLs)

Maximum residue levels
the use of
minimum quantities of pesticides to achieve effective
protection of plants, applied in such a manner that the
amount of residue is the smallest practicable and is toxi-
cologically acceptable, in particular in terms of estimated
dietary intake.

MRLs are fixed at the lower limit of analytical determin-
ation 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 with such necessary data.

(5)

(6)

(7)

(8)

Information on essential uses in the framework of Direc-
tive 91/414/EEC has been notified to the Commission
for bromopropylate. The
an
adequate basis for an assessment of the intake by Euro-
pean consumers.

information provides

Authorisations of bromopropylate are to be withdrawn
by 31 July 2007 at the latest. Taking into account the
time it takes for residues of bromopropylate to leave the
food chain it is appropriate that temporary MRLs related
to these essential uses be reviewed by 31 December
2008 at the latest.

The lifetime exposure of consumers to bromopropylate
via food products that may contain residues of that
pesticide, has been assessed and evaluated. It has been
calculated that the MRLs as amended will ensure that the
acceptable daily intake is not exceeded.

The acute exposure of consumers to bromopropylate via
each of the food products that may contain residues of
this pesticide has been assessed and evaluated.
It has
been calculated that the MRLs as amended will ensure
that the acute reference dose is not exceeded.

(9)

Therefore it
levels for residues of bromopropylate.

is appropriate to amend the maximum

(10) Directive 90/642/EEC should therefore be amended

accordingly.

(11)

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

(4)

MRLs for pesticides should be kept under review. They
may be changed to take account of new uses, new infor-
mation and data.

(1) OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commis-

sion Directive 2004/2/EC (OJ L 14, 21.1.2004, p. 10).

(2) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regu-

lation (EC) No 1336/2003 (OJ L 187, 26.7.2003, p. 21).

(3) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commis-

sion Directive 2004/20/EC (OJ L 70, 9.3.2004, p. 32).

HAS ADOPTED THIS DIRECTIVE:

Article 1

The maximum pesticide residue levels for bromopropylate in
Annex II to Directive 90/642/EEC are replaced by those in the
Annex to this Directive.

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Official Journal of the European Union

L 120/31

Article 2

Article 3

1. Member States shall adopt and publish, by 24 October
2004 at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions
and this Directive.

They shall apply these provisions from 25 October 2004 at the
latest.

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.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

This Directive shall enter into force on the 20th 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, 23 April 2004.

For the Commission

David BYRNE

Member of the Commission

L 120/32

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Official Journal of the European Union

24.4.2004

Pesticide residue and maximum
residue level
(mg/kg)

Bromopropylate

2 (t)

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)

0,05 (*)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

iii) POME FRUIT

2 (t)

Apples

Pears

Quinces

Others

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Official Journal of the European Union

L 120/33

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

iv) STONE FRUIT

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Pesticide residue and maximum
residue level
(mg/kg)

Bromopropylate

0,05 (*)

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

2 (t)

0,05 (*)

0,05 (*)

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

0,05 (*)

Bilberries

Cranberries

Currants (red, black and white)

Gooseberries

Others

e) Wild berries and wild fruit

vi) MISCELLANEOUS

Avocados

Bananas

Dates

Figs

Kiwi

0,05 (*)

0,05 (*)

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Official Journal of the European Union

24.4.2004

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

Pesticide residue and maximum
residue level
(mg/kg)

Bromopropylate

Kumquats

Litchis

Mangoes

Olives

Passion fruit

Pineapples

Pomegranate

Others

2. Vegetables, fresh or uncooked, frozen or dry

i) ROOT AND TUBER VEGETABLES

0,05 (*)

Beetroot

Carrots

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

ii) BULB VEGETABLES

0,05 (*)

Garlic

Onions

Shallots

Spring onions

Others

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Official Journal of the European Union

L 120/35

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

Pesticide residue and maximum
residue level
(mg/kg)

Bromopropylate

iii) FRUITING VEGETABLES

a) Solanacea

Tomatoes

Peppers

Aubergines

Others

b) Cucurbits — edible peel

Cucumbers

Gherkins

Courgettes

Others

1 (t)

0,05 (*)

0,05 (*)

c) Cucurbits-inedible peel

0,05 (*)

0,05 (*)

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

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Official Journal of the European Union

24.4.2004

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

v) LEAF VEGETABLES AND FRESH HERBS

Pesticide residue and maximum
residue level
(mg/kg)

Bromopropylate

0,05 (*)

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

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

1 (t)

0,05 (*)

0,05 (*)

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Official Journal of the European Union

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

Pesticide residue and maximum
residue level
(mg/kg)

Bromopropylate

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

Sesame seed

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Others

5. Potatoes

Early potatoes

Ware potatoes

0,05 (*)

0,05 (*)

0,1 (*)

0,05 (*)

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Official Journal of the European Union

24.4.2004

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

Pesticide residue and maximum
residue level
(mg/kg)

Bromopropylate

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

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

0,1 (*)

0,1 (*)

(*) Indicates lower limit of analytical determination.
(t)

Indicates that the maximum level has been established temporarily until 31 December 2008 to accommodate an essential use in
accordance with Regulation 2076/2002/EC.’