Commission Directive 2007/12/EC of 26 February 2007 amending certain Annexes to Council Directive 90/642/EEC as regards the maximum residue levels of penconazole, benomyl and carbendazim (Text with EEA relevance)
Date: 2007-02-26
Institutions: European Commission
Subjects: cereals, consumer protection, food inspection, fruit, marketing standard, pesticide residue, plant health legislation, vegetable

27.2.2007

EN

Official Journal of the European Union

L 59/75

DIRECTIVES

COMMISSION DIRECTIVE 2007/12/EC

of 26 February 2007

amending certain Annexes to Council Directive 90/642/EEC as regards the maximum residue levels
of penconazole, benomyl and carbendazim

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 90/642/EEC of 27
for
November 1990 on the
pesticide residues in and on certain products of plant origin,
including fruit and vegetables (1), and in particular Article 7
thereof,

fixing of maximum levels

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,

(4)

(5)

Whereas:

(1)

(2)

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 envir-
onment. Elements to be taken into account
in such
evaluations
include operator and bystander exposure
and impact on the terrestrial, aquatic and aerial envir-
onments, as well as impact on humans and animals
through consumption of residues on treated crops.

reflect

(MRLs)

the use of
Maximum residue levels
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.

(3)

MRLs for pesticides covered by Directive 90/642/EEC are
to be kept under review and may be modified to take

(1) OJ L 350, 14.12.1990, p. 71. Directive as last amended by
Commission Directive 2006/92/EC (OJ L 311, 10.11.2006, p. 31).
last amended by

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

Commission Directive 2007/6/EC (OJ L 43, 15.2.2007, p. 13).

account of new or changed uses. Information about new
changed uses has been communicated to the
or
Commission which will
lead to changes in the residue
levels of penconazole, benomyl and carbendazim.

The lifetime exposure of consumers to those pesticides
via food products that may contain residues of those
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).

In the case of benomyl and carbendazim for which an
acute reference dose (ARfD) exists, the acute exposure of
consumers via each of
the food products that may
contain residues of these pesticides has been assessed
and evaluated in accordance with the procedures and
practices currently used within the Community, taking
account of guidelines published by the World Health
Organisation. The opinions of the Scientific Committee
in particular advice and recommendations
on Plants,
concerning
food
the protection of
products treated with pesticides (4), have been taken
into account. Based on the dietary intake assessment,
the MRLs for those pesticides should be fixed so as to
ensure that the ARfD will not be exceeded. In the case of
the other substances, an assessment of
the available
information has shown that no ARfD is required and
that therefore a short term assessment is not needed.

consumers of

(6)

In the case of the new MRL on citrus for benomyl and
carbendazim the applicant has undertaken to supply
additional data required by December 2007. The data
already available show that the proposed MRL is safe
for the consumers.

(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).

(4) Opinion regarding questions relating to amending the Annexes to
Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC
(Opinion expressed by the SCP, 14 July 1998); Opinion regarding
variable pesticide residues in fruit and vegetables (Opinion expressed
by SCP on 14 July 1998) http://europa.eu.int/comm/food/fs/sc/
scp/outcome_ppp_en.html

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Official Journal of the European Union

27.2.2007

(7) Where authorised uses of plant protection products do
not result in detectable levels of pesticide 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, MRLs should
be fixed at the lower limit of analytical determination.

(8)

(9)

(10)

Therefore it is appropriate to fix new MRLs for those
pesticides.

Directive 90/642/EEC should therefore be amended
accordingly.

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

in this Directive are in
Standing
the

opinion

the

of

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 28 August 2007.

2. When Member States adopt the provisions referred to in
paragraph 1, 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.

3. 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 3

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

HAS ADOPTED THIS DIRECTIVE:

Article 4

Article 1

This Directive is addressed to the Member States.

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

Done at Brussels, 26 February 2007.

Article 2

1. Member States shall adopt and publish, by 27 August
2007 at
the laws, regulations and administrative
provisions necessary to comply with this Directive, They shall

the latest,

For the Commission

Markos KYPRIANOU
Member of the Commission

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Official Journal of the European Union

L 59/77

ANNEX

In part A of Annex II to Directive 90/642/EEC, the columns for penconazole, benomyl, and carbendazim are replaced by
the following:

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

Penconazole

Sum of benomyl and
carbendazim, expressed as
carbendazim

Pesticide residue and maximum residue level (mg/kg)

‘1. Fruit,

fresh, dried or uncooked, preserved by

freezing, not containing added sugar; nuts

(i) CITRUS FRUIT

0,05 (*)

0,5 (t)

Grapefruit

Lemons

Limes

Mandarins
hybrids)

Oranges

Pomelos

Others

(including clementines

and other

(ii) TREE NUTS (shelled or unshelled)

0,05 (*)

0,1 (*)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia

Pecans

Pine nuts

Pistachios

Walnuts

Others

(iii) POME FRUIT

0,2

0,2

Apples

Pears

Quinces

Others

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

Penconazole

Sum of benomyl and
carbendazim, expressed as
carbendazim

Pesticide residue and maximum residue level (mg/kg)

(iv) STONE FRUIT

Apricots

Cherries

Peaches
hybrids)

Plums

Others

(including

nectarines

and

similar

0,1

0,1

0,2

0,5

0,2

0,5

0,05 (*)

0,1 (*)

(v) BERRIES AND SMALL FRUIT

(a) Table and wine grapes

0,2

Table grapes

Wine grapes

(b) Strawberries (other than wild)

(c) Cane fruit (other than wild)

0,5

0,05 (*)

Blackberries

Dewberries

Loganberries

Raspberries

Others

(d) Other small fruit and berries

(other than wild)

Bilberries

Cranberries

Currants (red, black and white)

0,5

Gooseberries

Others

(e) Wild berries and wild fruit

(vi) MISCELLANEOUS

Avocados

Bananas

Dates

Figs

0,05 (*)

0,05 (*)

0,05 (*)

0,3

0,5

0,1 (*)

0,1 (*)

0,1 (*)

0,1 (*)

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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

Penconazole

Sum of benomyl and
carbendazim, expressed as
carbendazim

Pesticide residue and maximum residue level (mg/kg)

Kiwi

Kumquats

Litchis

Mangoes

Olives (table consumption)

Olives (oil extraction)

Papaya

Passion fruit

Pineapples

Pomegranate

Others

2. Vegetables, fresh or uncooked, frozen or dry

(i) ROOT AND TUBER VEGETABLES

0,05 (*)

0,2

0,1 (*)

0,1 (*)

Beetroot

Carrots

Cassava

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yam

Others

(ii) BULB VEGETABLES

0,05 (*)

0,1 (*)

Garlic

Onions

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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

Penconazole

Sum of benomyl and
carbendazim, expressed as
carbendazim

Pesticide residue and maximum residue level (mg/kg)

Shallots

Spring onions

Others

(iii) FRUITING VEGETABLES

(a) Solanacea

Tomatoes

Peppers

Aubergines

Okra

Others

(b) Cucurbits — edible peel

Cucumbers

Gherkins

Courgettes

Others

0,1

0,2

0,1

0,05 (*)

0,1

0,5

0,5

2

0,1 (*)

0,1 (*)

(c) Cucurbits — inedible peel

0,1

0,1 (*)

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

0,05 (*)

0,05 (*)

0,1 (*)

0,1 (*)

0,5

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

Penconazole

Sum of benomyl and
carbendazim, expressed as
carbendazim

Pesticide residue and maximum residue level (mg/kg)

Others

(c) Leafy brassica

Chinese cabbage

Kale

Others

(d) Kohlrabi

(v) LEAF VEGETABLES AND FRESH HERBS

0,05 (*)

(a) Lettuce and similar

Cress

Lamb's lettuce

Lettuce

Scarole (broadleaf endive)

Rucola

Leaves and stems of brassica

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)

0,05 (*)

Beans (with pods)

Beans (without pods)

Peas (with pods)

Peas (without pods)

0,1 (*)

0,1 (*)

0,1 (*)

0,1 (*)

0,2

0,2

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Pesticide residue and maximum residue level (mg/kg)

Sum of benomyl and
carbendazim, expressed as
carbendazim

0,1 (*)

0,1 (*)

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

Penconazole

Others

(vii) STEM VEGETABLES (fresh)

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

0,2

Leek

Rhubarb

Others

(viii) FUNGI

(a) Cultivated mushrooms

(b) Wild mushrooms

3. Pulses

Beans

Lentils

Peas

Lupines

Others

4. Oilseeds

Linseed

Peanuts

Poppy seed

Sesame seed

Sunflower seed

Rape seed

Soya bean

Mustard seed

Cotton seed

Hemp seed

Others

0,05 (*)

0,05 (*)

0,1 (*)

0,05 (*)

0,1 (*)

0,05 (*)

0,2

0,1 (*)

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

Penconazole

Sum of benomyl and
carbendazim, expressed as
carbendazim

Pesticide residue and maximum residue level (mg/kg)

5. Potatoes

Early potatoes

Ware potatoes

0,05 (*)

0,1 (*)

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

fermented or

0,1 (*)

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

0,5

centrated powder

0,1 (*)

0,1 (*)

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

Indicates that the maximum residue level has been established temporarily until 31 December 2007 pending data to be submitted by
the applicant. If no data have been received by that date, the MRL will be withdrawn by a Directive or a Regulation.’