CELEX: 32005L0046
Language: en
Date: 2005-07-08 00:00:00
Title: Commission Directive 2005/46/EC of 8 July 2005 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for amitraz   (Text with EEA relevance)

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 177/35
            
         COMMISSION DIRECTIVE 2005/46/EC
   of 8 July 2005
   amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for amitraz
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   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 (1) 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 (2) and in particular Article 10 thereof,
   Having regard to Council Directive 90/642/EEC of 27 November 1990 on fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetables (3) and in particular Article 7 thereof,
   Whereas:
   
               (1)
            
            
               For the existing active substance amitraz a decision was taken not to include it in Annex I to Council Directive 91/414/EEC (4) by Commission Decision 2004/141/EC (5). This Decision provides that plant protection products containing this active substance shall no longer be authorised for use in the Community except for a limited number of uses, where at the moment no alternatives are available (essential uses).
            
         
               (2)
            
            
               Decision 2004/141/EC allowed a phasing out period, and it is appropriate that maximum residue levels (MRLs) premised on the notion that use of the substance concerned is not authorised in the Community, should not apply until the end of the phasing out period applying to that substance.
            
         
               (3)
            
            
               For amitraz MRLs for residues resulting from veterinary medicinal uses have been set on animal products in the framework of Council Regulation (EC) No 2377/90 (6). It is appropriate to take these into account in this Directive.
            
         
               (4)
            
            
               Community MRLs and the levels recommended by the Codex Alimentarius (7) are fixed and evaluated following similar procedures. There are a limited number of Codex MRLs for amitraz. These have been considered in the setting of the MRLs fixed in this Directive. Codex MRLs that will be recommended for withdrawal in the near future were not taken into account. The MRLs based on Codex MRLs having been evaluated in the light of the risks for the consumers, no risk was established.
            
         
               (5)
            
            
               In order to ensure that the consumer is adequately protected from exposure to residues resulting from unauthorised uses of plant protection products, MRLs should be set for the relevant product/pesticide combinations at the lower limit of analytical determination.
            
         
               (6)
            
            
               It is therefore necessary to amend several of the pesticide residues arising from use of amitraz in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer.
            
         
               (7)
            
            
               The relevant annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.
            
         
               (8)
            
            
               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
            
         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In part A of Annex II to Directive 86/362/EEC the following row is replaced:
   
      
                  Pesticide residue
               
               
                  Maximum level in mg/kg
               
            
                  ‘Amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz
               
               
                  0,05 (8) cereals
               
            
   Article 2
   In part B of Annex II to Directive 86/363/EEC the following rows are replaced:
   
      
                  Pesticide residue
               
               
                  Maximum level (mg/kg)
               
            
                   
               
               
                  Of meat, including fat, preparations of meat, offals and animal fats as listed in Annex I within CN code Nos 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex02 08, 0209 00, 0210, 1601 00 and 1602
               
               
                  For milk and milk products listed in Annex 1 within CN code Nos 0401, 0402, 0405 00 and 0406
               
               
                  Of shelled fresh eggs, for bird’s eggs and egg yolks listed in Annex 1 within CN code Nos 0407 00 and 0408
               
            
                  ‘Amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz
               
               
                  0,05 (9), Poultry
               
               
                   
               
               
                  0,01 (9)
                  
               
            
   Article 3
   The maximum pesticide residue levels for amitraz in Annex II to Directive 90/642/EEC are replaced by those in the Annex to this Directive.
   Article 4
   1.   Member States shall adopt and publish, by 9 January 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 these provisions from 10 January 2007.
   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 5
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.
   
      Done at Brussels, 8 July 2005.
      
         
            For the Commission
         
         Markos KYPRIANOU
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2005/37/EC (OJ L 141, 4.6.2005, p. 10).
   
      (2)  OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2004/61/EC (OJ L 127, 29.4.2004, p. 81).
   
      (3)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2005/37/EC.
   
      (4)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 70, 16.3.2005, p. 1).
   
      (5)  OJ L 46, 17.2.2004, p. 35.
   
      (6)  OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 869/2005 (OJ L 145, 9.6.2005, p. 19).
   
      (7)  http://apps.fao.org/CodexSystem/pestdes/pest_q-e.htm
   
      (8)  Indicates lower limit of analytical determination.’
   
      (9)  Indicates lower limit of analytical determination.’
   ANNEX
   
      
                  Groups and examples of individual products to which the MRLs apply
               
               
                  Amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz
               
            
                  
                              ‘1.
                           
                           
                              Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts
                           
                        
               
                  0,05 (1)
                  
               
            
                  
                              (i)
                           
                           
                              CITRUS FRUIT
                           
                        
               
                   
               
            
                  Grapefruit
               
               
                   
               
            
                  Lemons
               
               
                   
               
            
                  Limes
               
               
                   
               
            
                  Mandarins (including clementines and other hybrids)
               
               
                   
               
            
                  Oranges
               
               
                   
               
            
                  Pomelos
               
               
                   
               
            
                  Others
               
               
                   
               
            
                  
                              (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)
               
               
                   
               
            
                  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
               
               
                   
               
            
                  Passion fruit
               
               
                   
               
            
                  Pineapples
               
               
                   
               
            
                  Pomegranate
               
               
                   
               
            
                  Others
               
               
                   
               
            
                  
                              2.
                           
                           
                              Vegetables, fresh or uncooked, frozen or dry
                           
                        
               
                  0,05 (1)
                  
               
            
                  
                              (i)
                           
                           
                              ROOT AND TUBER VEGETABLES
                           
                        
               
                   
               
            
                  Beetroot
               
               
                   
               
            
                  Carrots
               
               
                   
               
            
                  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
               
               
                   
               
            
                  
                              (c)
                           
                           
                              Cucurbits — inedible peel
                           
                        
               
                   
               
            
                  Melons
               
               
                   
               
            
                  Squashes
               
               
                   
               
            
                  Watermelons
               
               
                   
               
            
                  Others
               
               
                   
               
            
                  
                              (d)
                           
                           
                              Sweet corn
                           
                        
               
                   
               
            
                  
                              (iv)
                           
                           
                              BRASSICA VEGETABLES
                           
                        
               
                   
               
            
                  
                              (a)
                           
                           
                              Flowering brassica
                           
                        
               
                   
               
            
                  Broccoli
               
               
                   
               
            
                  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
               
               
                   
               
            
                  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
               
               
                   
               
            
                  Globe artichokes
               
               
                   
               
            
                  Leek
               
               
                   
               
            
                  Rhubarb
               
               
                   
               
            
                  Others
               
               
                   
               
            
                  
                              (viii)
                           
                           
                              FUNGI
                           
                        
               
                   
               
            
                  
                              (a)
                           
                           
                              Cultivated mushrooms
                           
                        
               
                   
               
            
                  
                              (b)
                           
                           
                              Wild mushrooms
                           
                        
               
                   
               
            
                  
                              3.
                           
                           
                              Pulses
                           
                        
               
                  0,05 (1)
                  
               
            
                  Beans
               
               
                   
               
            
                  Lentils
               
               
                   
               
            
                  Peas
               
               
                   
               
            
                  Others
               
               
                   
               
            
                  
                              4.
                           
                           
                              Oil seeds
                           
                        
               
                   
               
            
                  Linseed
               
               
                   
               
            
                  Peanuts
               
               
                   
               
            
                  Poppy seeds
               
               
                   
               
            
                  Sesame seeds
               
               
                   
               
            
                  Sunflower seed
               
               
                   
               
            
                  Rape seed
               
               
                   
               
            
                  Soya bean
               
               
                   
               
            
                  Mustard seed
               
               
                   
               
            
                  Cotton seed
               
               
                  1 (2)
                  
               
            
                  Others
               
               
                  0,05 (1)
                  
               
            
                  
                              5.
                           
                           
                              Potatoes
                           
                        
               
                  0,05 (1)
                  
               
            
                  Early potatoes
               
               
                   
               
            
                  Ware potatoes
               
               
                   
               
            
                  
                              6.
                           
                           
                              Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)
                           
                        
               
                  0,1 (1)
                  
               
            
                  
                              7.
                           
                           
                              Hops (dried), including hop pellets and unconcentrated powder
                           
                        
               
                  0,1 (1)
                  
               
            
   
      (1)  Indicates lower limit of analytical determination.
   
      (2)  Should this level not be confirmed or amended by a directive, with effect from 1 July 2007, the appropriate lower limit of analytical determination shall apply.’