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Document 32006L0009

    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)

    OJ L 22, 26.1.2006, p. 24–31 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
    OJ L 330M, 28.11.2006, p. 33–40 (MT)

    This document has been published in a special edition(s) (BG, RO)

    Legal status of the document No longer in force, Date of end of validity: 31/08/2008; Implicitly repealed by 32005R0396

    ELI: http://data.europa.eu/eli/dir/2006/9/oj

    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)  (p)

    (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)  (p)

    (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  (p)

    Beans

     

    Lentils

     

    Peas

     

    Others

     

    4.   

    Oilseeds

    Linseed

    5  (p)

    Peanuts

    0,1  (*1)  (p)

    Poppy seed

    0,1  (*1)  (p)

    Sesame seed

    0,1  (*1)  (p)

    Sunflower seed

    1  (p)

    Rape seed

    2  (p)

    Soya bean

    0,2  (p)

    Mustard seed

    0,5  (p)

    Cotton seed

    0,1  (*1)  (p)

    Hemp seed

    0,5  (p)

    Others

    0,1  (*1)  (p)

    5.

    Potatoes

    0,05  (*1)  (p)

    Early potatoes

     

    Ware potatoes

     

    6.

    Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)

    0,1  (*1)  (p)

    7.

    Hops (dried), including hop pellets and unconcentrated powder

    0,1  (*1)  (p)


    (*1)  Indicates lower limit of analytical determination.

    (p)  Indicates that the maximum residue level has been established provisionally in accordance with Article 4(1)(f) of Directive 91/414/EEC.’


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