Commission Directive 2006/62/EC of  12 July 2006  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 desmedipham, phenmedipham and chlorfenvinphos   (Text with EEA relevance)
Date: 2006-07-12
Institutions: European Commission
Subjects: cereals, consumer protection, marketing standard, pesticide residue, plant health legislation

27.7.2006

EN

Official Journal of the European Union

L 206/27

COMMISSION DIRECTIVE 2006/62/EC

of 12 July 2006

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 desmedipham, phenmedipham and chlorfenvinphos

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 76/895/EEC of 23 Novem-
ber 1976 relating to the fixing of maximum levels for pesticide
residues in and on fruit and vegetables (1), 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 (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), and in particular Article 10
thereof,

Having regard to Council Directive 90/642/EEC of 27 Novem-
ber 1990 on the fixing of maximum levels for pesticide residues
in and on certain products of plant origin,
including fruit
and vegetables (4), 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 mar-
ket (5) and in particular Article 4(1)(f) thereof,

Whereas:

(1)

The existing active substances desmedipham and phenme-
dipham have been included in Annex I to Directive
91/414/EEC by Commission Directive 2004/58/EC (6).

(3)

(4)

(5)

The inclusion in Annex I to Directive 91/414/EEC of the
active substances concerned was based on the assessment
of the information submitted concerning their proposed
use. Information relating to that use has been submitted
by certain Member States in accordance with Article 4(1)(f)
of Directive 91/414/EEC. The information available has
been reviewed and is sufficient to allow certain maximum
residue levels (MRLs) to be fixed.

For chlorfenvinphos it has been decided by Commission
Regulation (EC) No 2076/2002 (7) not to include that sub-
stance in Annex I to Directive 91/414/EEC. Certain Mem-
ber States are allowed to maintain certain authorisations
for the use of products containing chlorfenvinphos in
force until 30 June 2007.

There are already Community MRLs for chlorfenvinphos
in Directive 76/895/EEC. They should be taken into con-
sideration when setting the MRLs for chlorfenvinphos in
Directive 90/642/EEC.

The Commission review reports which were prepared for
the inclusion in Annex I to Directive 91/414/EEC of the
active substances concerned, fixed the Acceptable Daily
Intake (ADI) and if necessary, the Acute Reference Dose
(ARfD) for those substances. The exposure of consumers
of food products treated with the active substances con-
cerned has been assessed in accordance with Community
procedures. Account has also been taken of guidelines
published by the World Health Organization (8) and the
opinion of the Scientific Committee for Plants (9) on the
methodology employed. It is concluded that MRLs pro-
posed will not lead to those ADIs or ARfD being exceeded.

(1) OJ L 340, 9.12.1976, p. 26. Directive as last amended by Commis-

sion Directive 2006/59/EC (OJ L 175, 29.6.2006, p. 61.

(2) OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission

Directive 2006/59/EC.

(3) OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission

Directive 2006/59/EC.

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

sion Directive 2006/59/EC.

(5) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission

Directive 2006/45/EC (OJ L 130, 18.5.2006, p. 27).

(6) OJ L 120, 24.4.2004, p. 26.

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

tion (EC) No 1335/2005 (OJ L 211, 13.8.2005, p. 6).

(8) 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 Organization 1997 (WHO/FSF/FOS/97.7).

(9) Opinion of the Scientific Committee on Plants regarding questions
relating to amending the annexes to Council Directives 86/362/EEC,
86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific
Committee on Plants, 14 July 1998)
(http://europa.eu.int/comm/food/fs/sc/index_en.html).

L 206/28

EN

Official Journal of the European Union

27.7.2006

(6)

(7)

(8)

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

The setting at Community level of such provisional MRLs
does not prevent the Member States from establishing pro-
visional MRLs for the substances concerned 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 suf-
ficient to permit further uses of the active substance con-
cerned. The provisional MRL should then become
definitive.

It is therefore necessary to add all of the MRLs arising from
the use of these 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 prohi-
bition of their uses and to protect the consumer. Where
MRLs have not been defined until now, it is appropriate
to set them for the first time.

(9)

Provisions of Directive 76/895/EEC which set MRLs for
chlorfenvinphos should consequently be deleted.

(10) Directives
and
accordingly.

76/895/EEC,

90/642/EEC should

86/362/EEC,
therefore

86/363/EEC
amended

be

Article 3

Annex II to Directive 86/363/EEC is amended in accordance with
Annex II to this Directive.

Article 4

Annex II to Directive 90/642/EEC is amended in accordance with
Annex III to this Directive.

Article 5

1. Member States shall adopt and publish, by 20 January 2008
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 21 January 2008.

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.

(11)

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 6

HAS ADOPTED THIS DIRECTIVE:

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

Article 1

Article 7

In Annex II to Directive 76/895/EEC, the line for chlorfenvin-
phos is deleted.

This Directive is addressed to the Member States.

Article 2

Done at Brussels, 12 July 2006.

Annex II to Directive 86/362/EEC is amended in accordance with
Annex I to this Directive.

For the Commission
Markos KYPRIANOU
Member of the Commission

27.7.2006

EN

Official Journal of the European Union

L 206/29

ANNEX I

In Part A of Annex II to Directive 86/362/EEC, the following lines for desmedipham, phenmedipham and chlorfenvinphos
are added:

Pesticide residue

Maximum level in mg/kg

‘Desmedipham

Phenmedipham

Chlorfenvinphos (sum of E- and Z-isomers)

0,05 (*) (p) cereals

0,05 (*) (p) cereals

0,02 (*) cereals

Indicates lower limit of analytical determination

(*)
(p) Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’

L 206/30

EN

Official Journal of the European Union

27.7.2006

ANNEX II

Annex II to Directive 86/363/EEC is amended as follows:

(1)

In Part A, the following line for chlorfenvinphos is added:

Pesticide residues

Maximum level in mg/kg

of fat contained in meat,
preparations of meat, offal
and animal fats listed in
Annex I under headings Nos
ex 0201, 0202, 0203, 0204,
0205 00 00, 0206, 0207,
ex 0208, 0209 00, 0210,
1601 00 and 1602 (1) (4)

for cow’s milk and whole
cream cow’s milk listed in
Annex I under headings No
0401; for other foodstuffs in
heading Nos 0401, 0402,
0405 00 and 0406 in accor-
dance with (2) (4)

of shelled fresh eggs, for bird’s
eggs and egg yolks listed in
Annex I under headings Nos
0407 00 and 0408 (3) (4)

‘Chlorfenvinphos (sum of E-
and Z-isomers)

0,01 (*)

0,01 (*)

0,01 (*)

(*)

Indicates lower limit of analytical determination.’

(2)

In Part B, the following line for phenmedipham is added:

Pesticide residues

Maximum level in mg/kg

of meat, including fat, prepa-
rations of meat, offal and
animal fats listed in Annex I
under headings Nos ex 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 under head-
ings Nos 0401, 0402,
0405 00 and 0406

of shelled fresh eggs, for bird’s
eggs and egg yolks listed in
Annex I under headings Nos
0407 00 and 0408

0,05 (*) (p)

0,05 (*) (p)

0,05 (*) (p)

‘Phenmedipham (Methyl-N-
(3-hydroxyphenyl) carbam-
ate (MHPC) expressed as
phenmediphan)

Indicates lower limit of analytical determination

(*)
(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level

will become definitive with effect from 9 August 2010.’

27.7.2006

EN

Official Journal of the European Union

L 206/31

ANNEX III

In Part A of Annex II to Directive 90/642/EEC, the following columns for desmedipham, phenmedipham and chlorfenvin-
phos are added:

Pesticide residues and maximum residue levels (mg/kg)

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

Desmedipham

Phenme-
dipham

Chlorfenvinphos
(sum of E- and
Z-isomers)

‘1.

Fruit, fresh, dried or uncooked, preserved by freezing, not
containing added sugar; nuts

0,05 (*) (p)

0,02 (*)

0,05 (*) (p)

(i) CITRUS FRUIT

Grapefruit

Lemons

Limes

Mandarins (including clementines and other hybrids)

Oranges

Pomelos

Others

(ii) TREE NUTS (shelled or unshelled)

0,05 (*) (p)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii) POME FRUIT

0,05 (*) (p)

Apples

Pears

Quinces

Others

(iv) STONE FRUIT

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

(v) BERRIES & SMALL FRUIT

(a) Table and wine grapes

Table grapes

Wine grapes

0,05 (*) (p)

0,05 (*) (p)

L 206/32

EN

Official Journal of the European Union

27.7.2006

Pesticide residues and maximum residue levels (mg/kg)

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

Desmedipham

(b) Strawberries (other than wild)

(c) Cane fruit (other than wild)

Blackberries

Dewberries

Loganberries

Raspberries

Others

Chlorfenvinphos
(sum of E- and
Z-isomers)

Phenme-
dipham

0,1 (*) (p)

0,05 (*) (p)

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

0,05 (*) (p)

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 (table consumption)

Olives (oil extraction)

Papaya

Passion fruit

Pineapples

Pomegranate

Others

2.

Vegetables, fresh or uncooked, frozen or dry

0,05 (*) (p)

(i) ROOT AND TUBER VEGETABLES

Beetroot

Carrots

Cassava

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

0,05 (*) (p)

0,05 (*) (p)

0,1 (*) (p)

0,5

0,5

0,5

27.7.2006

EN

Official Journal of the European Union

L 206/33

Pesticide residues and maximum residue levels (mg/kg)

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

Desmedipham

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

(ii) BULB VEGETABLES

Garlic

Onions

Shallots

Spring onions

Others

(iii) FRUITING VEGETABLES

(a) Solanacea

Tomatoes

Peppers

Aubergines

Okra

Others

(b) Cucurbits - edible peel

Cucumbers

Gherkins

Courgettes

Others

(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

Phenme-
dipham

Chlorfenvinphos
(sum of E- and
Z-isomers)

0,5

0,5

0,05 (*) (p)

0,02 (*)

0,05 (*) (p)

0,05 (*) (p)

0,05 (*) (p)

0,5

0,5

0,02 (*)

0,02 (*)

0,1

0,02 (*)

0,02 (*)

0,02 (*)

0,02 (*)

0,1

0,5

0,02 (*)

0,02 (*)

L 206/34

EN

Official Journal of the European Union

27.7.2006

Pesticide residues and maximum residue levels (mg/kg)

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

Desmedipham

Phenme-
dipham

Chlorfenvinphos
(sum of E- and
Z-isomers)

Chinese cabbage

Kale

Others

(d) Kohlrabi

(v) LEAF VEGETABLES & FRESH HERBS

(a) Lettuce & similar

Cress

Lamb’s lettuce

Lettuce

Scarole (broad-leaf endive)

Ruccola

Leaves and stems of brassica

Others

(b) Spinach & similar

Spinach

Beet leaves (chard)

Others

(c) Water cress

(d) Witloof

(e) Herbs

Chervil

Chives

Parsley

Celery leaves

Others

0,05 (*) (p)

0,5 (p)

0,05 (*) (p)

0,05 (*) (p)

0,05 (*) (p)

(vi) LEGUME VEGETABLES (fresh)

0,05 (*) (p)

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

0,3

0,1

0,1

0,02 (*)

0,1

0,02 (*)

0,02 (*)

0,02 (*)

0,5

0,02 (*)

0,02 (*)

0,1

0,5

0,1

0,2 (p)

0,05 (*) (p)

0,02 (*)

27.7.2006

EN

Official Journal of the European Union

L 206/35

Pesticide residues and maximum residue levels (mg/kg)

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

Desmedipham

(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

Hemp seed

Others

5.

Potatoes

Early potatoes

Ware potatoes

Chlorfenvinphos
(sum of E- and
Z-isomers)

Phenme-
dipham

0,05 (*) (p)

0,05 (*) (p)

0,05 (*) (p)

0,05

0,02 (*)

0,02 (*)

0,1 (*) (p)

0,1 (*) (p)

0,02 (*)

0,05 (*) (p)

0,05 (*) (p)

0,02 (*)

6.

7.

Tea (dried leaves and stalks, fermented or other-wise, Camel-
lia sinensis)

Hops (dried), including hop pellets and unconcentrated
powder

0,1 (*) (p)

0,1 (*) (p)

0,05 (*)

0,1 (*) (p)

0,1 (*) (p)

0,05 (*)

Indicates lower limit of analytical determination

(*)
(p) Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’