Commission Directive 2006/9/EC of  23 January 2006  amending Council Directives 90/642/EEC as regards the maximum residue levels of diquat, fixed therein   (Text with EEA relevance)
Date: 2006-01-23
Institutions: European Commission
Subjects: crop production, marketing standard, pesticide residue, plant health legislation, plant health product

L 22/24

EN

Official Journal of the European Union

26.1.2006

COMMISSION DIRECTIVE 2006/9/EC

of 23 January 2006

amending Council Directives 90/642/EEC as regards the maximum residue levels of diquat, fixed
therein

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

Having
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,

90/642/EEC

Having regard to Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on the
market (2), and in particular Article 4(1)(f) thereof,

Whereas:

In accordance with Directive 91/414/EEC, authorisations
of plant protection products for use on specific crops are
the responsibility of the Member States. Such authori-
sations have to be based on the evaluation of effects
on human and animal health and influence on the envi-
ronment. Elements to be taken into account in such
evaluations
include operator and bystander exposure
and impact on the terrestrial, aquatic and aerial envi-
ronments, as well as impact on humans and animals
through consumption of residues on treated crops.

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
toxicologically acceptable,
in terms of
estimated dietary intake.

in particular

residues 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.

Information on new or changed uses of diquat covered
by Directive 90/642/EEC has been notified to the
Commission.

The lifetime exposure of consumers to these pesticides
via food products that may contain residues of these
pesticides, has been assessed and evaluated in accordance
with the procedures and practices used within the
Community, taking account of guidelines published by
the World Health Organisation (3). It has been calculated
that the MRLs concerned will ensure that the acceptable
daily intake is not exceeded.

An assessment of the available information has shown
that no ARfD is required and that therefore a short term
assessment is not needed.

Therefore it is appropriate to fix new maximum levels for
residues of diquat.

The setting or modification at Community level of provi-
sional MRLs does not prevent the Member States from
establishing provisional MRLs for diquat in accordance
with Article 4(1)(f) of Directive 91/414/EEC and Annex
VI thereto. It is considered that a period of four years is
sufficient to permit further uses of diquat. The provi-
sional Community MRL should then become definitive.

(5)

(6)

(7)

(8)

(9)

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

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

accordingly.

MRLs are fixed at the lower limit of analytical determi-
nation where
authorised uses of plant protection
products do not result in detectable levels of pesticide

(11)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Directive are in
Standing
the

opinion

the

of

(1) OJ L 350, 14.12.1990, p. 71. Directive as last amended by
Commission Directive 2005/76/EC (OJ L 293, 9.11.2005, p. 14).
last amended by
Commission Directive 2005/72/EC (OJ L 279, 22.10.2005, p. 63).

(2) OJ L 230, 19.8.1991, p. 1. Directive as

(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).

(1)

(2)

(3)

(4)

26.1.2006

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Official Journal of the European Union

L 22/25

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 90/642/EEC is amended as follows. In
group ‘4. OILSEEDS’,
inserted
between the entries ‘Cotton seed’ and ‘Others’.

entry ‘Hemp seed’

the

is

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.

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.

Article 2

Article 4

Part A of Annex II to Directive 90/642/EEC is amended in
accordance with the Annex to this Directive.

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

Article 3

1. Member States shall adopt and publish, by 26 July 2006
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 those provisions from 27 July 2006.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 23 January 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 22/26

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Official Journal of the European Union

26.1.2006

In part A of Annex II to Directive 90/642/EEC, the column for diquat is replaced by the following:

Pesticide residue and maximum residue level (mg/kg)

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

Diquat

0,05 (*) (p)

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

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii) POME FRUIT

Apples

Pears

Quinces

Others

(iv) STONE FRUIT

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

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Official Journal of the European Union

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Pesticide residue and maximum residue level (mg/kg)

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

Diquat

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

Papaya

Passion fruit

Pineapples

Pomegranate

Others

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Official Journal of the European Union

26.1.2006

Pesticide residue and maximum residue level (mg/kg)

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

Diquat

0,05 (*) (p)

Beetroot

Carrots

Cassava

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

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Official Journal of the European Union

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Pesticide residue and maximum residue level (mg/kg)

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

Diquat

(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

(d) Witloof

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Official Journal of the European Union

26.1.2006

Pesticide residue and maximum residue level (mg/kg)

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

Diquat

(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

0,2 (p)

5 (p)

0,1 (*) (p)

0,1 (*) (p)

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Official Journal of the European Union

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Pesticide residue and maximum residue level (mg/kg)

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

Sesame seed

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Hemp seed

Others

5. Potatoes

Early potatoes

Ware potatoes

6. Tea

(dried leaves
otherwise, Camellia sinensis)

and stalks,

fermented or

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

trated powder

Diquat

0,1 (*) (p)

1 (p)

2 (p)

0,2 (p)

0,5 (p)

0,1 (*) (p)

0,5 (p)

0,1 (*) (p)

0,05 (*) (p)

0,1 (*) (p)

0,1 (*) (p)

(*)
(p)

Indicates lower limit of analytical determination.
Indicates that
91/414/EEC.’

the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive