CELEX: 32006L0009
Language: en
Date: 2006-01-23 00:00:00
Title: 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)

26.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 22/24
            
         
      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 establishing the European Community,
   Having regard to Council Directive 90/642/EEC 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,
   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:
   
               (1)
            
            
               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 authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.
            
         
               (2)
            
            
               Maximum residue levels (MRLs) reflect 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 particular in terms of estimated dietary intake.
            
         
               (3)
            
            
               MRLs for pesticides should be kept under review. They may be changed to take account of new uses, new information and data.
            
         
               (4)
            
            
               MRLs are fixed at the lower limit of analytical determination 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.
            
         
               (5)
            
            
               Information on new or changed uses of diquat covered by Directive 90/642/EEC has been notified to the Commission.
            
         
               (6)
            
            
               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.
            
         
               (7)
            
            
               An assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.
            
         
               (8)
            
            
               Therefore it is appropriate to fix new maximum levels for residues of diquat.
            
         
               (9)
            
            
               The setting or modification at Community level of provisional 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 provisional Community MRL should then become definitive.
            
         
               (10)
            
            
               Directive 90/642/EEC should therefore be amended accordingly.
            
         
               (11)
            
            
               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
   Annex I to Directive 90/642/EEC is amended as follows. In group ‘4. OILSEEDS’, the entry ‘Hemp seed’ is inserted between the entries ‘Cotton seed’ and ‘Others’.
   Article 2
   Part A of Annex II to Directive 90/642/EEC is amended in accordance with the Annex to this Directive.
   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.
   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 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   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
         
      
   
   
      (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).
   
      (2)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/72/EC (OJ L 279, 22.10.2005, p. 63).
   
      (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).
   
      ANNEX
      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)
                  
               
                     Groups and examples of individual products to which the MRLs would apply
                  
                  
                     Diquat
                  
               
                     
                                 ‘1.
                              
                              
                                 Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts
                              
                           
                  
                     0,05 (1)
                         (2)
                     
                  
               
                     
                                 (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
                  
                  
                      
                  
               
                     Papaya
                  
                  
                      
                  
               
                     Passion fruit
                  
                  
                      
                  
               
                     Pineapples
                  
                  
                      
                  
               
                     Pomegranate
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 2.
                              
                              
                                 Vegetables, fresh or uncooked, frozen or dry
                              
                           
                  
                     0,05 (1)
                         (2)
                     
                  
               
                     
                                 (i)
                              
                              
                                 ROOT AND TUBER VEGETABLES
                              
                           
                  
                      
                  
               
                     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
                  
                  
                      
                  
               
                     
                                 (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
                              
                           
                  
                      
                  
               
                     
                                 (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
                              
                           
                  
                     
                        0,2 (2)
                        
                     
                  
               
                     Beans
                  
                  
                      
                  
               
                     Lentils
                  
                  
                      
                  
               
                     Peas
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               4.   Oilseeds
                  
               
                     Linseed
                  
                  
                     5 (2)
                     
                  
               
                     Peanuts
                  
                  
                     0,1 (1)
                         (2)
                     
                  
               
                     Poppy seed
                  
                  
                     0,1 (1)
                         (2)
                     
                  
               
                     Sesame seed
                  
                  
                     0,1 (1)
                         (2)
                     
                  
               
                     Sunflower seed
                  
                  
                     
                        1 (2)
                        
                     
                  
               
                     Rape seed
                  
                  
                     
                        2 (2)
                        
                     
                  
               
                     Soya bean
                  
                  
                     
                        0,2 (2)
                        
                     
                  
               
                     Mustard seed
                  
                  
                     0,5 (2)
                     
                  
               
                     Cotton seed
                  
                  
                     0,1 (1)
                         (2)
                     
                  
               
                     Hemp seed
                  
                  
                     
                        0,5 (2)
                        
                     
                  
               
                     Others
                  
                  
                     0,1 (1)
                         (2)
                     
                  
               
                     
                                 5.
                              
                              
                                 Potatoes
                              
                           
                  
                     0,05 (1)
                         (2)
                     
                  
               
                     Early potatoes
                  
                  
                      
                  
               
                     Ware potatoes
                  
                  
                      
                  
               
                     
                                 6.
                              
                              
                                 Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)
                              
                           
                  
                     0,1 (1)
                         (2)
                     
                  
               
                     
                                 7.
                              
                              
                                 Hops (dried), including hop pellets and unconcentrated powder
                              
                           
                  
                     0,1 (1)
                         (2)
                     
                  
               
      
         (1)  Indicates lower limit of analytical determination.
      
         (2)  Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’