Commission Regulation (EC) No 260/2008 of 18 March 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by establishing Annex VII listing active substance/product combinations covered by a derogation as regards post harvest treatments with a fumigant (Text with EEA relevance)
Date: 2008-03-18
Institutions: European Commission
Subjects: agricultural product, derogation from EU law, pesticide, plant health treatment

19.3.2008

EN

Official Journal of the European Union

L 76/31

COMMISSION REGULATION (EC) No 260/2008

of 18 March 2008

amending Regulation (EC) No 396/2005 of the European Parliament and of the Council by
establishing Annex VII listing active substance/product combinations covered by a derogation as
regards post harvest treatments with a fumigant

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 396/2005 of the European
Parliament and of
the Council of 23 February 2005 on
maximum residue levels of pesticides in and on food and feed
of plant and animal origin and amending Council Directive
91/414/EEC (1), and in particular the second subparagraph of
Article 18(3) thereof,

(2)

(3)

Annexes in order to prevent trade disruption of stored
products that underwent post-harvest
treatments with
fumigants.

Regulation (EC) No 396/2005 should therefore be
amended accordingly.

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

opinion

the

the

of

Whereas:

(1)

Several Member States have indicated to the Commission
the need for a derogation from the maximum residue
in Annexes II and III, specifying the
levels set out
crops and pesticides
for which that derogation is
needed. Such a derogation should allow Member States
to authorise, further to a post-harvest treatment with a
fumigant on their own territory, residue levels for active
substances which exceed the limits specified in those

HAS ADOPTED THIS REGULATION:

Article 1

The text in the Annex to this Regulation is added to Regulation
(EC) No 396/2005, as Annex VII.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 March 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) OJ L 70, 16.3.2005, p. 1. Regulation as amended by Commission

Regulation (EC) No 178/2006 (OJ L 29, 2.2.2006, p. 3).

L 76/32

EN

Official Journal of the European Union

19.3.2008

ANNEX

‘ANNEX VII

Active substance/product combinations, as referred to in Article 18(3)

Active substance

Product in Annex I
(Code number)

Hydrogen phosphide

Aluminiumphosphide

Magnesiumphosphide

Fruit (0100000), Vegetables (0200000), Pulses (0300000), Oilseeds and
oil fruits (0400000), Cereals (0500000), Tea, coffee, herbal
infusions
and cocoa (0600000), Spices (0800000).

Fruit (0100000), Vegetables (0200000), Pulses (0300000), Oilseeds and
oil fruits (0400000), Cereals (0500000), Tea, coffee, herbal
infusions
and cocoa (0600000), Spices (0800000).

Fruit (0100000), Vegetables (0200000), Pulses (0300000), Oilseeds and
infusions
oil fruits (0400000), Cereals (0500000), Tea, coffee, herbal
and cocoa (0600000), Spices (0800000).

Sulfurylfluoride

Fruit (0100000), Cereals (0500000).’