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)


Published: 2005-07-08

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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.’