CELEX: 32006L0004
Language: en
Date: 2006-01-26 00:00:00
Title: Commission Directive 2006/4/EC of  26 January 2006  amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for carbofuran   (Text with EEA relevance)

27.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 23/69
            
         
      COMMISSION DIRECTIVE 2006/4/EC
   of 26 January 2006
   amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for carbofuran
   (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 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 (2), and in particular Article 7 thereof,
   Whereas:
   
               (1)
            
            
               In the case of cereals and products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.
            
         
               (2)
            
            
               MRLs for pesticides are kept under review and changed to take account of new information and data. 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 residue 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 by the necessary data.
            
         
               (3)
            
            
               Several Member States informed the Commission of their desire to revise national MRLs in accordance with Article 8 of Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission.
            
         
               (4)
            
            
               The lifetime and short-term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation (3). On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.
            
         
               (5)
            
            
               Where relevant, the acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the new MRLs will not cause acute toxic effects.
            
         
               (6)
            
            
               Through the World Trade Organisation, the Community’s trading partners have been consulted about the new MRLs and their comments on these levels have been taken into account.
            
         
               (7)
            
            
               The Annexes to Directives 86/362/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
   Part A of Annex II to Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
   Article 2
   Part A of Annex II to Directive 90/642/EEC is amended in accordance with Annex II to this Directive.
   Article 3
   Member States shall adopt and publish, by 27 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 at the latest.
   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.
   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, 26 January 2006.
      
         
            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 2005/76/EC (OJ L 293, 9.11.2005, p. 14).
   
      (2)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2005/76/EC.
   
      (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 I
      In part A of Annex II to Directive 86/362/EEC the line for carbofuran is replaced by the following:
      
         
                     ‘Pesticide residue
                  
                  
                     Maximum level in mg/kg
                  
               
                     Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran)
                  
                  
                     0,02 (1) cereals
                  
               
      
         (1)  Indicates lower limit of analytical determination.’
   
   
      ANNEX II
      In part A of Annex II to Directive 90/642/EEC, the lines for carbofuran are replaced by the following:
      
         
                     Pesticide residues and maximum residue levels (mg/kg)
                  
               
                     Groups and examples of individual products to which the MRLs apply
                  
                  
                     Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran)
                  
               ‘1.   Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts
                  
               
                     
                                 (i)
                              
                              
                                 CITRUS FRUIT
                              
                           
                  
                     0,3
                  
               
                     Grapefruit
                  
                  
                      
                  
               
                     Lemons
                  
                  
                      
                  
               
                     Limes
                  
                  
                      
                  
               
                     Mandarins (including clementines and other hybrids)
                  
                  
                      
                  
               
                     Oranges
                  
                  
                      
                  
               
                     Pomelos
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 (ii)
                              
                              
                                 TREE NUTS (shelled or unshelled)
                              
                           
                  
                     0,02 (1)
                     
                  
               
                     Almonds
                  
                  
                      
                  
               
                     Brazil nuts
                  
                  
                      
                  
               
                     Cashew nuts
                  
                  
                      
                  
               
                     Chestnuts
                  
                  
                      
                  
               
                     Coconuts
                  
                  
                      
                  
               
                     Hazelnuts
                  
                  
                      
                  
               
                     Macadamia
                  
                  
                      
                  
               
                     Pecans
                  
                  
                      
                  
               
                     Pine nuts
                  
                  
                      
                  
               
                     Pistachios
                  
                  
                      
                  
               
                     Walnuts
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 (iii)
                              
                              
                                 POME FRUIT
                              
                           
                  
                     0,02 (1)
                     
                  
               
                     Apples
                  
                  
                      
                  
               
                     Pears
                  
                  
                      
                  
               
                     Quinces
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 (iv)
                              
                              
                                 STONE FRUIT
                              
                           
                  
                     0,02 (1)
                     
                  
               
                     Apricots
                  
                  
                      
                  
               
                     Cherries
                  
                  
                      
                  
               
                     Peaches (including nectarines and similar hybrids)
                  
                  
                      
                  
               
                     Plums
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 (v)
                              
                              
                                 BERRIES AND SMALL FRUIT
                              
                           
                  
                     0,02 (1)
                     
                  
               
                     
                                 (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
                              
                           
                  
                     0,02 (1)
                     
                  
               
                     Avocados
                  
                  
                      
                  
               
                     Bananas
                  
                  
                      
                  
               
                     Dates
                  
                  
                      
                  
               
                     Figs
                  
                  
                      
                  
               
                     Kiwi
                  
                  
                      
                  
               
                     Kumquats
                  
                  
                      
                  
               
                     Litchis
                  
                  
                      
                  
               
                     Mangoes
                  
                  
                      
                  
               
                     
                                 (a)
                              
                              
                                 Olives
                              
                           
                  
                      
                  
               
                     Olives (table consumption)
                  
                  
                      
                  
               
                     Olives (oil extraction)
                  
                  
                      
                  
               
                     Passion fruit
                  
                  
                      
                  
               
                     Pineapples
                  
                  
                      
                  
               
                     Papaya
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 2.
                              
                              
                                 Vegetables, fresh or uncooked, frozen or dry
                              
                           
                  
                     0,02 (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
                              
                           
                  
                     0,02 (1)
                     
                  
               
                     Beans
                  
                  
                      
                  
               
                     Lentils
                  
                  
                      
                  
               
                     Peas
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 4.
                              
                              
                                 Oil seed
                              
                           
                  
                     0,1
                  
               
                     Linseed
                  
                  
                      
                  
               
                     Peanuts
                  
                  
                      
                  
               
                     Poppy seeds
                  
                  
                      
                  
               
                     Sesame seeds
                  
                  
                      
                  
               
                     Sunflower seed
                  
                  
                      
                  
               
                     Rape seed
                  
                  
                      
                  
               
                     Soya bean
                  
                  
                      
                  
               
                     Mustard seed
                  
                  
                      
                  
               
                     Cotton seed
                  
                  
                      
                  
               
                     Others
                  
                  
                      
                  
               
                     
                                 5.
                              
                              
                                 Potatoes
                              
                           
                  
                     0,02 (1)
                     
                  
               
                     Early potatoes
                  
                  
                      
                  
               
                     Ware potatoes
                  
                  
                      
                  
               
                     
                                 6.
                              
                              
                                 Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)
                              
                           
                  
                     0,05 (1)
                     
                  
               
                     
                                 7.
                              
                              
                                 Hops (dried), including hop pellets and unconcentrated powder
                              
                           
                  
                     0,05 (1)
                     
                  
               
      
         (1)  Indicates the lower limit of analytical determination.’