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Document 01990L0642-20051129
Council Directive 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 (90/642/EEC)
Consolidated text: Council Directive 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 (90/642/EEC)
Council Directive 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 (90/642/EEC)
1990L0642 — EN — 29.11.2005 — 039.001
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COUNCIL DIRECTIVE 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 (OJ L 350, 14.12.1990, p.71) |
Amended by:
Corrected by:
COUNCIL DIRECTIVE
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
(90/642/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
Whereas crop production plays a very important role in the Community:
Whereas the yield from that production is continually affected by harmful organisms and weeds;
Whereas it is essential to protect plants and plant products against these organisms, not only to prevent a reduction in yield or damage to the products harvested but also to increase agricultural productivity;
Whereas one of the most important methods of protecting plants and plant products from the effects of these organisms is the use of chemical pesticides; whereas, however, mandatory maximum levels should be set as low as is consistent with good agricultural practice;
Whereas, however, their favourable effect on plant production is not the only effect of these pesticides, since they are generally dangerous substances or preparations with dangerous side-effects;
Whereas a large number of these pesticides and of their metabolites or breakdown products may have harmful effects on consumers of plant products; whereas these pesticides should not be used in circumstances which present a risk to human or animal health and to the environment;
Whereas the Community should encourage the use of alternative, organic farming methods;
Whereas Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables ( 4 ), as last amended by Directive 89/186/EEC ( 5 ), fixes maximum levels for the said residues and ensures the free movement throughout the Community of products with levels less than, or equal to, these maximum levels; whereas, however, the said Directive permits Member States, in cases where they consider this justified, to authorize products containing levels higher than the maximum levels to be put into circulation within their own territories;
Whereas this last provision leads in some cases to continuing differences between Member States as regards the maximum permissible levels for these pesticide residues, which can help to create barriers to trade and thus hinder the free movement of goods within the Community; whereas, with a view to achieving the single market in 1992, these barriers should be removed;
Whereas, for these reasons, the possibility for Member States to authorize higher levels should be withdrawn and maximum levels mandatory in all Member States should be fixed for certain active substances in and on fruit and vegetables, which must be observed when these products are put into circulation;
Whereas, again with a view to ensuring the free movement of goods within the Community, mandatory maximum levels should also be fixed for certain pesticides in and on certain other products of plant origin;
Whereas, moreover, observance of the maximum levels will ensure that products can move freely and that the health of consumers and of animals is properly protected;
Whereas, however, the determination of mandatory maximum levels for pesticide residues requires lengthy technical consideration, so that such levels cannot be imposed immediately upon the pesticide residues regulated by Directive 76/895/EEC;
Whereas it is therefore necessary to adopt separate rules providing for these mandatory maximum levels, with a view to transferring pesticide residues from Directive 76/895/EEC to these separate rules progressively as mandatory levels are determined for them;
Whereas, accordingly, this Directive does not affect Directive 76/895/EEC, which shall continue to apply to certain pesticide residues not subject to this Directive;
Whereas the establishment of a list of pesticide residues and their maximum levels is a matter falling within the competence of the Council; whereas, however, this list should not include pesticide residues still covered by Directive 76/895/EEC;
Whereas it is appropriate to apply this Directive to products intended for export to third countries, except in certain cases where it can be established that importing countries require particular treatments which would necessitate higher maximum levels than those fixed for the Community pursuant to this Directive; whereas, however, it is not appropriate to apply this Directive to products intended for the manufacture of products other than foodstuffs and feedingstuffs, or for sowing or planting;
Whereas, in order to guarantee compliance with this Directive when products are put into circulation, Member States must take suitable control measures; whereas the necessary inspections should be programmed, carried out and their results reported in accordance with Council Directive 89/397/EEC of 14 June 1989 on the official inspection of foodstuffs ( 6 );
Whereas Community methods of sampling and analysis should be established and, in the case of analysis methods, used at least as reference methods; whereas the establishment of these methods is a technical and scientific implementing measure which should be determined by means of a procedure involving close cooperation between the Member States and the Commission within the Standing Committee on Plant Health; whereas the analysis methods should comply with the criteria set out in the Annex to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption ( 7 );
Whereas future modifications of the list of products of plant origin in or on which pesticide residues may be present must be adopted by the Council;
Whereas Member States should be allowed to reduce temporarily the levels laid down if they subsequently prove dangerous to human or animal health; whereas it is appropriate in these cases also to establish close cooperation between the Member States and the Commission within the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to products within the groups specified in column 1 of Annex I, examples of which are given in column 2, in so far as products in those groups, or the parts of product described in column 3, may contain certain pesticide residues.
The Directive shall also apply to the same products after drying or processing or after inclusion in a composite food in so far as they may contain certain pesticide residues.
2. This Directive shall apply without prejudice to:
(a) the provisions of Council Directive 64/54/EEC of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption ( 8 ), as last amended by Directive 85/585/EEC ( 9 ), relating to biphenyl (diphenyl), orthophenylphenol, sodium orthophenyl phenate and 2-(4-thiazolyl)-benzimidazole (thiabendazole), which shall continue to regulate the use of those substances until they and their maximum levels are included in the list referred to in paragraph 1;
(b) the provisions of Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs ( 10 ), as last amended by Directive 87/519/EEC ( 11 );
(c) the provisions of Directive 76/895/EEC;
(d) the provisions of Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals ( 12 ), as last amended by Directive 88/298/EEC ( 13 );
(e) the provisions of Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae ( 14 ) and Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children ( 15 ). However, until maximum levels have been established in accordance with Article 6 of Directive 91/321/EEC or Article 6 of Directive 96/5/EC the provisions of Article 5a (1) and (3) to (6) of this Directive shall apply for the products concerned.
3. This Directive shall also apply to products referred to in paragraph 1 intended for export to third countries. However, maximum pesticide residue levels set in accordance with this Directive shall not apply in the case of products treated before export where it can be satisfactorily proved that:
(a) the third country of destination requires that particular treatment in order to prevent the introduction of harmful organisms into its territory; or
(b) the treatment is necessary in order to protect the products against harmful organisms during transport to the third country of destination and storage there.
4. This Directive shall not apply to the products referred to in paragraph 1 where it can be established by appropriate evidence that they are intended for:
(a) the manufacture of products other than foodstuffs and animal feed; or
(b) sowing or planting.
Article 2
For the purposes of this Directive:
(a) ‘pesticide residues’ shall mean residues of pesticides and of their metabolites, and breakdown or reaction products, which are present in or on the products referred to in Article 1.
(b) ‘putting into circulation’ shall mean any post-harvest handing over, whether or not for a consideration, of the products referred to in Article 1.
Article 3
1. The products in the groups or, where applicable, the parts of products referred to in Article 1 shall not contain, from the time they are put into circulation, pesticide residue levels higher than those specified in the list referred to in Annex II.
The list of pesticide residues concerned and their maximum levels shall be established in Annex II in accordance with the procedure laid down in Article 10a having regard to current scientific and technical knowledge. A pesticide residue will be included on the list for as long as Directive 76/895/EEC fixes a maximum level for that residue.
2. In the case of dried and processed products for which maximum levels are not explicitly fixed in Annex II, the maximum residue level applicable shall be that laid down in Annex II, taking into account, respectively, the concentration caused by the drying process or the concentration or dilution caused by processing. A concentration or dilution factor covering the concentration and/or dilution caused by certain drying or processing operations may be determined for certain dried or processed products in accordance with the procedure laid down in Article 10a.
3. In the case of compound foods which contain a mixture of ingredients and for which maximum residue levels are not fixed, the maximum residue levels applied may not exceed the levels laid down in Annex II, taking into account the relative concentrations of the ingredients in the mixture and also the provisions of paragraph 2.
4. Member States shall ensure, at least by check sampling, compliance with the maximum levels referred to in paragraph 1. The necessary inspections and monitoring shall be carried out in accordance with Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs ( 16 ), except for Article 14 thereof, and Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs ( 17 ) except for Articles 5, 6 and 8 thereof.
Article 4
1. Member States shall designate an authority to ensure that the monitoring specified in Article 3 (4) is carried out.
2.
(a) By ►M9 30 September ◄ each year, Member States shall send to the Commission their forward national monitoring programmes for the following calendar year. These forward programmes shall specify at least:
— the products to be inspected and the number of inspections to be carried out,
— the pesticide residues to be inspected,
— the criteria applied in drawing up these programmes.
(b) By ►M9 31 December ◄ each year, the Commission shall submit to the Standing Committee on Plant Health a draft recommendation setting out a coordinated Community monitoring programme identifying the taking of specific samples to be included in the national monitoring programmes. The recommendation shall be adopted in accordance with the procedure laid down in Article 10. The basic objective of the Community monitoring programme shall be to make optimum use at Community level of the sampling of plant products included in the groups listed in Annex I, produced in the Community or imported into it, when problems have been identified, in order to ensure compliance with the maximum levels for pesticide residues set out in Annex II.
3. By 31 August each year, Member States shall send to the Commission and the other Member States the results of the analyses of the samples taken during the previous year under their national monitoring programmes and under the coordinated Community monitoring programme. The Commission shall collate and combine this information together with the results of the checks carried out in accordance with Directives 86/362/EEC and 86/363/EEC and analyse:
— infringements of the maximum residue levels, and
— the average actual levels of residues and their relative values with respect to the maximum residue levels established.
The Commission should progressively work towards a system, when preparing the coordinated monitoring programme, which could permit the estimation of actual pesticide dietary exposure.
The Commission shall forward this information to the Member States in the framework of the Standing Committee on Plant Health before ►M9 31 December ◄ for each year, for review and adoption of any necessary measures such as:
— any action to be taken at Community level in the case of reported infringements of the maximum levels,
— the desirability of publication of the collated and compiled information.
4. The following may be adopted in accordance with the procedure laid down in Article 9:
(a) amendments to paragraphs 2 and 3 of this Article in so far as these amendments concern the dates for notification;
(b) detailed implementing rules necessary for proper functioning of the provisions of paragraphs 2 and 3.
5. Not later than 31 December 1999 the Commission shall forward to the Council a report on the application of this Article, accompanied, if necessary, by any appropriate proposals.
Article 5
Member States may not prohibit or impede the putting into circulation within their territories of the products referred to in Article 1 on the grounds that they contain pesticide residues, if the quantity of such residues in and on the products or parts of products concerned does not exceed the maximum levels specified in the list referred to in Article 1.
Article 5a
Where for a product belonging to a group referred to in Annex I, a provisional maximum residue level applicable throughout the Community is set by the Commission in accordance with the provisions of Article 4 (1) (f) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market ( 18 ), this level will be indicated in Annex II with a reference to that procedure.
Article 5b
1. For the purposes of this Article a Member State of origin shall be defined as the Member State in whose territory a product specified in Article 1 (1) is either legally produced and marketed or put into free circulation and a Member State of destination as the Member State into whose territory such product is introduced and put into circulation for operations other than transit to another Member State or third country.
2. Member States shall introduce arrangements for establishing maximum residue levels, whether permanent or temporary, for products referred to in Article 1 (1), brought into their territories from a Member State of origin, taking into account good agricultural practice in the Member State of origin, and without prejudice to conditions necessary to protect the health of consumers, in cases where no maximum residue levels have been established for these products in accordance with the provisions of Articles 3 (1) or 5a.
3. Where
— no maximum residue level has been established for a product referred to in Article 1 (1) in accordance with Articles 3 (1) or 5a, and
— that product, which satisfies the maximum residue levels applied by its Member State of origin, has been subjected in the Member State of destination to measures whose effect is to prohibit or restrict its putting into circulation, on the grounds that the product contains pesticide residue levels in excess of the maximum residue level accepted in the Member State of destination, and
— either the Member State of destination has introduced new maximum residue levels or has altered the levels laid down in its legislation, or it has made changes to its controls which are disproportionate and/or discriminatory compared with those for its domestic production, or the maximum residue level applied by the Member State of destination differs substantially from the corresponding levels established by other Member States, or the maximum residue level applied by the Member State of destination represents a disproportionate level of protection compared with the level of protection applied by the Member State to pesticides carrying a similar risk or to similar agricultural products or foodstuffs,
the following exceptional provisions shall apply:
(a) the Member State of destination shall communicate the measures adopted to the other Member State concerned and the Commission within 20 days of their application. The notification shall document the facts involved;
(b) on the basis of the notification referred to in (a), the two Member States concerned shall contact each other without delay in order to remove, whenever possible, the prohibitive or restrictive effect of the measures adopted by the Member State of destination by means of measures agreed between them; the Member States shall submit all the requisite information to each other.
Within a period of three months of the notification referred to in (a), the Member States concerned shall inform the Commission of the result of such contracts and in particular the measures they intend to apply, if any, including the maximum residue level they have agreed. The Member State of origin shall inform the other Member States of the result of such contacts;
(c) the Commission shall immediately refer the matter to the Standing Committee on Plant Health and, if possible, submit a proposal aimed at establishing in Annex II a temporary maximum residue level, which shall be adopted in accordance with the procedure laid down in Article 10a.
In its proposal, the Commission shall take account of existing technical and scientific knowledge on the matter and in particular data submitted by the Member States with an interest, especially the toxicological assessment and estimated ADI, good agricultural practice and the trial data which the Member State of origin used to establish the maximum residue level, together with the reasons given by the Member State of destination for deciding on the measures in question.
The period of validity of the temporary maximum level shall be laid down in the legal act adopted and may not exceed four years. That period may be linked to the supply, by the Member State of origin and/or other Member States with an interest, of the trial data required by the Commission in order to set the maximum residue level in accordance with Article 3 (1). At their request, the Commission and the Member States shall be kept informed regarding the programme of trials established.
4. Any measure provided for in paragraphs 2 or 3 shall be taken by a Member State with due regard for its obligations under the Treaty, in particular Articles 30 to 36 thereof.
5. Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations ( 19 ) shall not apply to measures adopted and notified by Member States in accordance with paragraph 3 of this Article.
6. Detailed measures for the implementation of the procedure set out in this Article may be adopted in accordance with the procedure laid down in Article 9.
Article 6
1. The sampling methods necessary for carrying out the checks provided for in Article 3 on fruit and vegetables shall be those laid down by Commission Directive 79/700/EEC ( 20 ). The sampling methods necessary for carrying out such checks on products other than fruit and vegetables, and the methods of analysis for all products, shall be determined in accordance with the procedure laid down in Article 9.
The existence of Community methods of analysis shall not preclude Member States from using other tested and scientifically valid methods provided that this does not hinder the free movement of products recognized by virtue of Community methods as complying with the rules provided for in this Directive. In the event of differences in the interpretation of results, those obtained by the use of Community methods shall prevail.
2. The methods of analysis determined under paragraph 1 shall comply with the criteria set out in the Annex to Directive 85/591/EEC.
3. Member States shall inform the other Member States and the Commission of the other methods used pursuant to paragraph 1.
Article 7
Without prejudice to the amendments made to the Annexes in accordance with Articles 5a, 5b (3) and 8, amendments to Annexes I and II as a result of developments in scientific or technical knowledge shall be adopted in accordance with the procedure laid down in Article 10a. In particular, when establishing maximum residue levels, account shall be taken of a relevant dietary intake risk assessment and of the number and quality of the data available.
Article 8
1. Where a Member State, as a result of new information or of a reassessment of existing information, considers that a maximum level fixed in the list referred to in Article 1 endangers human or animal health, and therefore requires swift action to be taken, that Member State may temporarily reduce the level in its own territory. In that case, it shall immediately notify the other Member States and the Commission of the measures, attaching a statement of the reasons therefor.
2. The Commision shall quickly examine the grounds given by the Member State referred to in the first subparagraph and shall consult the Member States within the Standing Committee on Plant Health, hereinafter referred to as ‘the Standing Committee’; it shall then deliver its opinion forthwith and take the appropriate measures. The Commission shall immediately notify the Council and the Member States of any measures taken. Any Member State may refer the Commission's measures to the Council within 15 days of such notification. The Council acting by a qualified majority may take a different decision within 15 days of the date on which the matter was referred to it.
3. If the Commission considers that the maximum levels laid down in the list referred to in Article 1 should be amended to resolve the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 10, with a view to adopting those amendments. In this case, the Member State which has taken measures under paragraph 1 may in that event maintain them until the Council or the Commission has taken a decision in accordance with the said procedure.
Article 9
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Committee by its chairman, either on his own initiative or at the request of a Member State.
2. The representative of the Commission shall submit to the Standing Committee a draft of the measures to be taken. The Standing Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is called upon to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Standing Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Standing Committee.
4. If the measures are not in accordance with the opinion of the Standing Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
5. If, within three months following the date on which the matter was referred to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 10
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Committee by its chairman, either on his own initiative or at the request of a Member State.
2. The representative of the Commission shall submit to the Standing Committee a draft of the measures to be taken. The Standing Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is called upon to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Standing Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Standing Committee.
4. If the measures are not in accordance with the opinion of the Standing Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
5. If, within 15 days following the date on which the matter was referred to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 10a
1. The Commission shall be assisted by a committee.
2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 21 ) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 10b
Member States shall bring into force the laws, regulations and administrative provisions necessary to ensure that the amendments in Annex II resulting from decisions referred to in Articles 3 (1) and (2), 5a, 5b (3), 7 and 8 (3) can be implemented in their territory within a maximum period of eight months from their adoption, and within a shorter implementation period when required for urgent reasons of human health protection.
In order to safeguard legitimate expectations, Community legal implementing acts may provide for transitional periods for the implementation of certain maximum residue levels allowing the normal marketing of the harvested products.
Article 11
1. Member States shall take the measures necessary to comply with this Directive not later than 31 December 1992.
2. ‘When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.’
Article 12
This Directive is addressed to the Member States.
ANNEX ►M1 I ◄
List of products referred to in Article 1 and the portion of the products to which the maximum residue levels apply
Note: The word ‘fresh’ is taken to extend to products which have been chilled or frozen ►M1 and in the case of dried fruit and vegetables, attention is drawn to Article 3 (1) of the Directive ◄
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Groups of products |
Products included in the groups |
Part of product to which maximum residue levels apply |
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1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts |
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(i) CITRUS FRUIT |
Grapefruit |
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Lemons |
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Limes |
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Mandarins (including clementines and similar hybrids) |
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Oranges |
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Pomelos |
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(ii) TREE NUTS (SHELLED OR UNSHELLED) |
Almonds |
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Brazil nuts |
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Cashew nuts |
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Chestnuts |
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Coconuts |
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Hazelnuts |
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Macadamia nuts |
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Pecans |
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Pine nuts |
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Pistachios |
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Walnuts |
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(iii) POME FRUIT |
Apples |
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Pears |
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Quinces |
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(iv) STONE FRUIT |
Apricots |
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Cherries |
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Peaches (including nectarines and similar hybrids) |
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Plums |
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(v) BERRIES AND SMALL FRUIT |
(a) Table and wine grapes |
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(b) Strawberries (other than wild) |
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(c) Cane fruit (other than wild): Blackberries Loganberries Raspberries |
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(d) Other small fruit and berries (other than wild): Bilberries Cranberries Currants (red, black and white) Gooseberries |
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(e) Wild berries and wild fruit |
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(vi) MISCELLANEOUS FRUIT |
Avocados |
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Bananas |
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Dates |
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Figs |
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Kiwi fruit |
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Kumquats |
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Litchis |
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Mangoes |
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►M1 Olives ◄ |
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Papaya |
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Passion fruit |
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Pineapples |
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Pomegranates |
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Olives |
Whole fruit after removal of stems (if any) after removal of soil (if any) by rinsing in running water |
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2. Vegetables, fresh or uncooked, frozen or dry |
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(i) ROOT AND TUBER VEGETABLES |
Beetroot |
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Carrots |
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Cassava |
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Celeriac |
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Horseradish |
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Jerusalem artichokes |
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Parsnips |
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Parsley root |
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Radishes |
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Salsify |
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Sweet potatoes |
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Swedes |
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Turnips |
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Yams |
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(ii) BULB VEGETABLES |
Garlic |
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Onions |
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Shallots |
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Spring onions |
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(iii) FRUITING VEGETABLES |
(a) Solanacea Tomatoes Peppers |
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(b) Cucurbits — edible peel Cucumbers Gherkins Courgettes |
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(c) Cucurbits — inedible peel Melons Squashes Watermelons |
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(d) Sweet corn |
Kernels or cobs without husks |
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(iv) BRASSICA VEGETABLES |
(a) Flowering brassicas Broccoli Cauliflower |
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(b) Head brassicas Brussels sprouts Head cabbage |
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(c) Leafy brassicas Chinese cabbage Kale |
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(d) Kohlrabi |
Whole product after removal of tops and adhering soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product) |
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(v) LEAF VEGETABLES AND FRESH HERBS |
(a) Lettuce and similar Cress Lamb's lettuce Lettuce Broad-leaf endive |
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(b) Spinach and similar Beet leaves (chard) |
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(c) Watercress |
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(d) Witloof |
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(e) Herbs Chervil Chives Parsley |
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(vi) LEGUME VEGETABLES (FRESH) |
Beans |
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Peas |
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(vii) STEM VEGETABLES |
Asparagus |
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Cardoons |
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Celery |
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Fennel |
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Globe artichokes |
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Leeks |
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Rhubarb |
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(viii) FUNGI |
Mushrooms (other than wild) |
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Wild mushrooms |
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3. Pulses |
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Beans |
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Lentils |
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Peas |
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4. Oil seeds |
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Linseed |
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Peanuts |
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Poppy seed |
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Rape seed |
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Sesame seed |
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►M1 Sunflower seed ◄ |
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Colza seed |
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Soya bean |
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Sunflower seed |
Whole seed including shell, when present, and whole seed without shell, when shell is absent' |
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5. Potatoes |
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Early and ware potatoes |
Whole product after removal of soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product) |
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6. Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) |
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Whole product |
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7. Hops (dried), including hop pellets and unconcentrated powder |
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Whole product |
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8. Spices |
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Cumin seed |
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Juniper berries |
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Nutmeg |
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Pepper, black and white |
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Vanilla pods |
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Others |
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ANNEX II
PART A
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Groups and examples of individual products to which the MRLs apply |
Pesticide residues and maximum residue levels (mg/kg) |
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Acephate |
Chlorothalonil |
Chlorpyrifos |
Chlorpyrifosmethyl |
Cypermethrin, including other mixtures of constituent isomers (sum of isomers) |
Deltamethrin |
Fenvalerate, including other mixtures of constituent isomers (sum of isomers) |
Glyphosate |
Imazalil |
Iprodione |
Permethrin (sum of isomers) |
|
|
1. Fruit, fresh, dried or uncooked preserved by freezing not containing added sugar; nuts |
|||||||||||
|
I) CITRUS FRUIT |
1 |
►M8 0,3 ◄ |
►M8 2 ◄ |
►M8 5 ◄ |
|||||||
|
Grapefruit |
►M8 0,3 ◄ |
►C1 (a) ◄ |
|||||||||
|
Lemons |
►M8 0,2 ◄ |
►M8 0,3 ◄ |
|||||||||
|
Limes |
►M8 0,3 ◄ |
||||||||||
|
Mandarines (including clementines and similar hybrids) |
►M8 2 ◄ |
►M8 1 ◄ |
|||||||||
|
Oranges |
►M8 0,3 ◄ |
►M8 0,5 ◄ |
|||||||||
|
Pomelos |
►M8 0,3 ◄ |
||||||||||
|
Others |
►M8 0,3 ◄ |
||||||||||
|
II) TREE NUTS (shelled or unshelled) |
0,02 (1) |
►C1 0,1 ◄ |
|||||||||
|
Almonds |
|||||||||||
|
Brazil nuts |
|||||||||||
|
Cashew nuts |
|||||||||||
|
Chestnuts |
|||||||||||
|
Coconuts |
|||||||||||
|
Hazelnuts |
|||||||||||
|
Macadamia |
|||||||||||
|
Pecans |
|||||||||||
|
Pine nuts |
|||||||||||
|
Pistachios |
|||||||||||
|
Walnuts |
|||||||||||
|
Others |
|||||||||||
|
III) POME FRUIT |
(a) |
►M8 1 ◄ |
►M8 0,5 ◄ |
►M8 0,5 ◄ |
►M8 1 ◄ |
►M8 0,1 ◄ |
►M8 5 ◄ |
||||
|
Apples |
|||||||||||
|
Pears |
|||||||||||
|
Quinces |
|||||||||||
|
Others |
|||||||||||
|
IV) STONE FRUIT |
►M8 0,1 ◄ |
||||||||||
|
Apricots |
0,02 (1) |
►M8 1 ◄ |
►M8 2 ◄ |
►M8 (c) ◄ |
|||||||
|
Cherries |
0,02 (1) |
►M8 (b) ◄ |
►M8 0,3 ◄ |
►M8 1 ◄ |
|||||||
|
Peaches (including nectarines and similar hybrids) |
►M8 1 ◄ |
►M8 0,2 ◄ |
►M8 0,5 ◄ |
►M8 2 ◄ |
►M8 (c) ◄ |
||||||
|
Plums |
(a) |
►M8 0,2 ◄ |
►M8 1 ◄ |
||||||||
|
Others |
0,02 (1) |
||||||||||
|
V) BERRIES AND SMALL FRUIT |
|||||||||||
|
Table and wine grapes |
0,02 (1) |
►M8 0,5 ◄ |
►M8 0,2 ◄ |
►M8 0,5 ◄ |
►M8 0,1 ◄ |
||||||
|
Table grapes |
►M8 1 ◄ |
||||||||||
|
Wine grapes |
►M8 3 ◄ |
||||||||||
|
Strawberries (other than wild) |
0,02 (1) |
►M8 3 ◄ |
►M8 0,2 ◄ |
►M8 0,5 ◄ |
|||||||
|
Cane fruit (other than wild) |
0,02 (1) |
►M8 (c) ◄ |
►M8 0,5 ◄ |
►M8 (c) ◄ |
|||||||
|
Blackberries |
►M18 10 ◄ |
►M8 0,5 ◄ |
►M8 0,5 ◄ |
||||||||
|
Dewberries |
|||||||||||
|
Loganberries |
|||||||||||
|
Raspberries |
►M8 0,5 ◄ |
►M8 0,5 ◄ |
|||||||||
|
Others |
|||||||||||
|
Other small fruit and berries (other than wild) |
0,02 (1) |
||||||||||
|
Bilberries |
►M4 (c) ◄ |
►M44 10 ◄ |
|||||||||
|
Bilberries (fruit of species Vaccinium myrtillus) |
|||||||||||
|
Cranberries |
►M8 2 ◄ |
►M8 (c) ◄ |
|||||||||
|
Currants (red, black and white) |
►M8 10 ◄ |
►M8 1 ◄ |
►M4 (c) ◄ |
►M8 0,2 ◄ |
►M4 (c) ◄ |
||||||
|
Gooseberries |
►M8 10 ◄ |
►M8 1 ◄ |
►M4 (c) ◄ |
►M8 0,2 ◄ |
►M4 (c) ◄ |
||||||
|
Others |
|||||||||||
|
Wild berries and wild fruit |
0,02 (1) |
►M8 2 ◄ |
|||||||||
|
VI) MISCELLANEOUS FRUIT |
0,02 (1) |
||||||||||
|
Avocados |
|||||||||||
|
Bananas |
►M8 0,2 ◄ |
►M8 3 ◄ |
►M8 2 ◄ |
||||||||
|
Dates |
|||||||||||
|
Figs |
►M8 (c) ◄ |
||||||||||
|
Kiwi |
►M8 2 ◄ |
►M4 (c) ◄ |
|||||||||
|
Kumquats |
|||||||||||
|
Litchis |
|||||||||||
|
Mangoes |
|||||||||||
|
Olives |
►M8 (d) ◄ |
►M4 (c) ◄ |
|||||||||
|
Olives (table consumption) |
|||||||||||
|
Olives (oil extraction) |
|||||||||||
|
Passion fruit |
|||||||||||
|
Pineapples |
|||||||||||
|
Pomegranates |
|||||||||||
|
Other |
|||||||||||
|
2. Vegetables, fresh or uncooked, frozen or dry |
|||||||||||
|
I) ROOT AND TUBER VEGETABLES |
0,02 (1) |
||||||||||
|
Beetroot |
►M4 (c) ◄ |
||||||||||
|
Carrots |
►M8 1 ◄ |
►M8 0,1 ◄ |
|||||||||
|
Celeriac |
|||||||||||
|
Horseradish |
|||||||||||
|
Jerusalem artichokes |
|||||||||||
|
Parsnips |
►M4 (c) ◄ |
||||||||||
|
Parsley root |
|||||||||||
|
Radishes |
►M8 0,2 ◄ |
►M4 (c) ◄ |
|||||||||
|
Salsify |
|||||||||||
|
Sweet potatoes |
|||||||||||
|
Swedes |
►M4 (c) ◄ |
►M4 (c) ◄ |
|||||||||
|
Turnips |
►M4 (c) ◄ |
►M4 (c) ◄ |
►M4 (c) ◄ |
||||||||
|
Yams |
|||||||||||
|
Others |
|||||||||||
|
II) BULB VEGETABLES |
0,02 (1) |
||||||||||
|
Garlic |
►M8 0,5 ◄ |
►M8 0,1 ◄ |
►M8 0,1 ◄ |
||||||||
|
Onions |
►M8 0,5 ◄ |
►M8 0,2 ◄ |
►M8 0,1 ◄ |
►M8 0,1 ◄ |
►M8 (c) ◄ |
||||||
|
Shallots |
►M8 0,5 ◄ |
►M8 0,1 ◄ |
►M8 0,1 ◄ |
►M8 (c) ◄ |
|||||||
|
Springonions |
►M8 5 ◄ |
►M8 0,1 ◄ |
►M8 (c) ◄ |
||||||||
|
Others |
|||||||||||
|
III) FRUITING VEGETABLES |
|||||||||||
|
Solanacea |
►M8 2 ◄ |
►M8 0,5 ◄ |
►M8 0,5 ◄ |
►M8 0,5 ◄ |
►M8 0,2 ◄ |
||||||
|
Tomatoes |
0,5 |
►M8 0,5 ◄ |
|||||||||
|
Peppers |
(a) |
►M4 (a) ◄ |
|||||||||
|
Aubergines |
(a) |
||||||||||
|
Others |
0,02 (1) |
||||||||||
|
Cucurbits — edible peel |
►M8 0,2 ◄ |
►M8 0,1 ◄ |
►M8 0,2 ◄ |
||||||||
|
Cucumbers |
(a) |
►M8 1 ◄ |
|||||||||
|
Gherkins |
►M8 5 ◄ |
||||||||||
|
Courgettes |
|||||||||||
|
Others |
0,02 (1) |
||||||||||
|
Cucurbits — inedible peel |
0,02 (1) |
►M8 1 ◄ |
►M8 0,2 ◄ |
||||||||
|
Melons |
►M8 2 ◄ |
||||||||||
|
Squashes |
|||||||||||
|
Watermelons |
|||||||||||
|
Others |
|||||||||||
|
Sweet corn |
0,02 (1) |
||||||||||
|
IV) BRASSICA VEGETABLES |
|||||||||||
|
Flowering brassica |
(a) |
►M8 3 ◄ |
►M8 0,5 ◄ |
►M8 0,1 ◄ |
|||||||
|
Broccoli |
►M4 (c) ◄ |
||||||||||
|
Cauliflower |
|||||||||||
|
Others |
|||||||||||
|
Head brassica |
2 |
►M8 (c) ◄ |
►M8 0,5 ◄ |
►M8 0,1 ◄ |
►M8 (c) ◄ |
||||||
|
Brussels sprouts |
►M8 0,5 ◄ |
||||||||||
|
Head cabbage |
►M8 3 ◄ |
►M8 1 ◄ |
|||||||||
|
Others |
|||||||||||
|
Leafy brassica |
(a) |
►M8 (c) ◄ |
►M8 1 ◄ |
►M8 0,5 ◄ |
►M8 (a) ◄ |
||||||
|
Chinese cabbage |
►M8 0,5 ◄ |
||||||||||
|
Kale |
►M8 (c) ◄ |
||||||||||
|
Others |
|||||||||||
|
Kohlrabi |
0,02 (1) |
►M8 0,2 ◄ |
|||||||||
|
V) LEAF VEGETABLES AND FRESH HERBS |
|||||||||||
|
Lettuce and similar |
►M8 2 ◄ |
►M8 0,5 ◄ |
|||||||||
|
Cress |
|||||||||||
|
Lamb's lettuce |
►M8 (c) ◄ |
||||||||||
|
Lettuce |
1 |
►M4 (b) ◄ |
►M8 (c) ◄ |
||||||||
|
Scarole |
►M8 (c) ◄ |
||||||||||
|
Others |
0,02 (1) |
||||||||||
|
Spinach and similar |
0,02 (1) |
►M8 0,5 ◄ |
►M8 0,5 ◄ |
||||||||
|
Spinach |
|||||||||||
|
Beet leaves (chord) |
|||||||||||
|
Others |
|||||||||||
|
Water cress |
0,02 (1) |
||||||||||
|
Witloof |
0,02 (1) |
||||||||||
|
Herbs |
0,02 (1) |
►M8 5 ◄ |
►M8 2 ◄ |
►M8 0,5 ◄ |
|||||||
|
Chervil |
|||||||||||
|
Chives |
|||||||||||
|
Parsley |
|||||||||||
|
Celery leaves |
|||||||||||
|
Others |
|||||||||||
|
VI) LEGUME VEGETABLES (fresh) |
(a) |
►M8 (a) ◄ |
|||||||||
|
Beans (with pods) |
►M8 (b) ◄ |
►M8 0,5 ◄ |
►M8 0,2 ◄ |
||||||||
|
Beans (without pods) |
►M8 0,05 ◄ |
►M8 (c) ◄ |
►M8 (c) ◄ |
||||||||
|
Peas (with pods) |
►M8 2 ◄ |
►M8 0,5 ◄ |
►M8 0,1 ◄ |
||||||||
|
Peas (without pods) |
►M18 0,3 ◄ |
►M8 (c) ◄ |
|||||||||
|
Others |
|||||||||||
|
VII) STEM VEGETABLES |
►M8 (c) ◄ |
||||||||||
|
Asparagus |
|||||||||||
|
Cardoons |
|||||||||||
|
Celery |
►M18 10 ◄ |
►M8 (c) ◄ |
►M4 (a) ◄ |
||||||||
|
Fennel |
►M4 (c) ◄ |
►M8 (a) ◄ |
►M4 (c) ◄ |
||||||||
|
Globe artichokes |
(a) |
►M8 1 ◄ |
►M8 (c) ◄ |
►M8 2 ◄ |
►M8 0,1 ◄ |
||||||
|
Leek |
(a) |
►M8 10 ◄ |
►M8 0,5 ◄ |
►M8 0,2 ◄ |
|||||||
|
Rhubarb |
|||||||||||
|
Others |
0,02 (1) |
||||||||||
|
VIII) FUNGI |
0,02 (1) |
||||||||||
|
Cultivated mushrooms |
►M8 2 ◄ |
||||||||||
|
Wild mushrooms |
►M8 1 ◄ |
||||||||||
|
3. Pulses |
►M8 1 ◄ |
||||||||||
|
Beans |
(a) |
||||||||||
|
Lentils |
0,02 (1) |
►M8 (c) ◄ |
|||||||||
|
Peas |
(a) |
►M8 (c) ◄ |
|||||||||
|
Others |
0,02 (1) |
||||||||||
|
4. Oil seeds |
0,02 (1) |
►M25 0,05 ◄ |
|||||||||
|
Linseed |
►M8 0,2 ◄ |
||||||||||
|
Peanuts |
►M8 0,05 ◄ |
||||||||||
|
Poppy seed |
►M8 0,2 ◄ |
||||||||||
|
Sesame seed |
►M8 0,2 ◄ |
||||||||||
|
Sunflower seed |
►M8 0,2 ◄ |
►M4 (c) ◄ |
|||||||||
|
Rape seed |
►M8 (c) ◄ |
►M8 0,2 ◄ |
►M8 0,1 ◄ |
||||||||
|
Soya bean |
|||||||||||
|
Mustard |
►M8 (a) ◄ |
||||||||||
|
Cotton seed |
►M8 0,2 ◄ |
||||||||||
|
Others |
|||||||||||
|
5. Potatoes |
0,02 (1) |
||||||||||
|
Early potatoes |
|||||||||||
|
Ware potatoes |
►M8 0,5 ◄ |
►M8 5 ◄ |
|||||||||
|
6. Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) |
0,1 (1) |
►M8 0,5 ◄ |
►M8 5 ◄ |
||||||||
|
7. Hops (dried), including hop pellets and unconcentrated powder |
(d) |
►M8 50 ◄ |
►M8 30 ◄ |
►M8 5 ◄ |
|||||||
|
(1) Indicates lower limit of analytical determination. (2) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 13 September 2009. (3) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC : unless amended, this level will become definitive with effect from 10 November 2009. x Should this level not be confirmed or amended by a directive, with effect from 1 July 2000, the appropriate lower limit of analytical determination shall apply. (5) Pending trials for the second season, results to be submitted before 1 September 2002. (a) (b) (c) (d) Should levels not be adopted by ►M7 31 October 1998 ◄ , the following maximum levels shall apply as indicated thereafter: (a) 0,02 (1) (b) 0,01 (1) (c) 0,05 (1) (d) 0,1 (1). ►M8 ►C3 |
|||||||||||
|
Groups and examples of individual products to which the MRLs apply |
Pesticide residues and maximum residue levels (mg/kg) |
||||
|
Benomyl Carbendazim Thiophanate-Methyl (sum expressed as carbendazim) |
Maneb Mancozeb Metiram Propineb, Zineb (sum expressed as CS2) |
Methamidophos |
Procymidone |
Vinclozolin (sum of vinclozolins and all metabolites containing the 3,5 dicloroaniline moiety, expresed as vinclozolin) |
|
|
1. Fruit, fresh, dried or uncooked preserved by freezing not containing added sugar; nuts |
|||||
|
(I) CITRUS FRUIT |
►M8 5 ◄ |
►M41 5 ◄ |
0,2 |
0,05 (1) |
|
|
Grapefruit |
|||||
|
Lemons |
|||||
|
Limes |
|||||
|
Mandarines (including clementines and similar hybrids) |
|||||
|
Oranges |
►M8 2 ◄ |
||||
|
Pomelos |
|||||
|
Others |
►M8 (c) ◄ |
||||
|
(II) TREE NUTS (shelled or unshelled) |
0,01 (1) |
0,05 (1) |
|||
|
Almonds |
|||||
|
Brazil nuts |
|||||
|
Cashew nuts |
|||||
|
Chestnuts |
|||||
|
Coconuts |
|||||
|
Hazelnuts |
|||||
|
Macadamia |
|||||
|
Pecans |
|||||
|
Pine nuts |
|||||
|
Pistachios |
|||||
|
Walnuts |
|||||
|
Others |
|||||
|
(III) POME FRUIT |
►M8 2 ◄ |
►M41 3 ◄ |
(b) |
1 |
|
|
Apples |
|||||
|
Pears |
►M8 1 ◄ |
||||
|
Quinces |
|||||
|
Others |
|||||
|
(IV) STONE FRUIT |
(b) |
►M8 (a) ◄ |
|||
|
Apricots |
►M8 1 ◄ |
►M41 2 ◄ |
2 |
||
|
Cherries |
►M8 (d) ◄ |
►M41 1 ◄ |
0,5 |
||
|
Peaches (including nectarines and similar hybrids) |
►M8 1 ◄ |
►M41 2 ◄ |
|||
|
Plums |
►M8 0,5 ◄ |
►M41 1 ◄ |
(c) |
||
|
Others |
►M8 2 ◄ |
0,05 (1) |
|||
|
(V) BERRIES AND SMALL FRUIT |
|||||
|
Table and wine grapes |
►M8 2 ◄ |
►M41 2 ◄ |
►M8 5 ◄ |
5 |
|
|
Table grapes |
|||||
|
Wine grapes |
|||||
|
Strawberries (other than wild) |
►M41 2 ◄ |
►M8 5 ◄ |
5 |
||
|
Cane fruit (other than wild) |
0,01 (1) |
5 |
|||
|
Blackberries |
|||||
|
Dewberries |
|||||
|
Loganberries |
|||||
|
Raspberries |
►M8 10 ◄ |
||||
|
Others |
|||||
|
Other small fruit and berries (other than wild) |
0,01 (1) |
||||
|
Bilberries (fruit of species vaccinium myrtyllus) |
|||||
|
Cranberries |
|||||
|
Currants (red, black and white) |
►M8 (d) ◄ |
►M41 5 ◄ |
(c) |
||
|
Gooseberries |
►M8 (d) ◄ |
►M41 5 ◄ |
|||
|
Others |
0,05 (1) |
||||
|
Wild berries and wild fruit |
0,01 (1) |
0,05 (1) |
|||
|
(VI) MISCELLANEOUS FRUIT |
0,01 (1) |
0,05 (1) (except kiwi) |
|||
|
Avocados |
|||||
|
Bananas |
►M8 1 ◄ |
||||
|
Dates |
|||||
|
Figs |
|||||
|
Kiwi |
►M8 5 ◄ |
||||
|
Kumquats |
|||||
|
Litchis |
|||||
|
Mangoes |
|||||
|
Olives |
|||||
|
Olives (table consumption) |
►M4 (d) ◄ |
►M41 5 ◄ |
|||
|
Olives (oil extraction) |
►M4 (d) ◄ |
►M41 5 ◄ |
|||
|
Passion fruit |
|||||
|
Pineapples |
|||||
|
Pomegranates |
|||||
|
Others |
|||||
|
2. Vegetables, fresh or uncooked, frozen or dry |
|||||
|
(I) ROOT AND TUBER VEGETABLES |
0,01 (1) |
||||
|
Beetroot |
►M4 (c) ◄ |
||||
|
Carrots |
►M8 (d) ◄ |
►M41 0,2 ◄ |
(c) |
||
|
Celeriac |
►M8 (d) ◄ |
►M41 0,2 ◄ |
|||
|
Horseradish |
(c) |
||||
|
Jerusalem artichokes |
|||||
|
Parsnips |
►M8 (c) ◄ |
||||
|
Parsley root |
|||||
|
Radishes |
►M41 2 ◄ |
(c) |
|||
|
Salsify |
►M8 (d) ◄ |
►M41 0,2 ◄ |
|||
|
Sweet potatoes |
|||||
|
Swedes |
►M8 (d) ◄ |
(c) |
|||
|
Turnips |
►M8 (d) ◄ |
||||
|
Yams |
|||||
|
Others |
0,05 (1) |
||||
|
(II) BULB VEGETABLES |
0,01 (1) |
1 |
|||
|
Garlic |
►M41 0,5 ◄ |
►M8 0,2 ◄ |
|||
|
Onions |
►M8 (d) ◄ |
►M41 0,5 ◄ |
►M8 0,2 ◄ |
||
|
Shallots |
►M41 0,5 ◄ |
►M8 0,2 ◄ |
|||
|
Spring onions |
►M8 (c) ◄ ►M41 1 ◄ |
►M4 (a) ◄ |
|||
|
Others |
|||||
|
(III) FRUITING VEGETABLES |
|||||
|
Solanacea |
►M8 2 ◄ |
3 |
|||
|
Tomatoes |
►M8 0,5 ◄ |
►M41 3 ◄ |
0,5 |
||
|
Peppers |
►M8 (d) ◄ |
(b) |
|||
|
Aubergines |
►M8 0,5 ◄ |
0,2 |
|||
|
Others |
►M41 2 ◄ |
0,01 (1) |
|||
|
Cucurbits — edible peel |
►M8 1 ◄ |
1 |
|||
|
Cucumbers |
►M8 0,5 ◄ |
►M41 0,5 ◄ |
1 |
||
|
Gherkins |
►M8 (d) ◄ |
►M41 2 ◄ |
|||
|
Courgettes |
►M8 0,3 ◄ |
►M41 2 ◄ |
|||
|
Others |
0,01 (1) |
||||
|
Cucurbits — inedible peel |
►M41 0,5 ◄ |
0,01 (1) |
►M8 1 ◄ |
1 |
|
|
Melons |
►M8 0,5 ◄ |
||||
|
Squashes |
►M8 0,5 ◄ |
||||
|
Watermelons |
|||||
|
Others |
|||||
|
Sweet corn |
0,01 (1) |
0,05 (1) |
|||
|
(IV) BRASSICA VEGETABLES |
|||||
|
Flowering brassica |
►M41 1 ◄ |
(b) |
0,05 (1) |
||
|
Broccoli |
|||||
|
Cauliflower |
|||||
|
Others |
|||||
|
Head brassica |
►M41 1 ◄ |
0,5 |
0,05 (1) |
||
|
Brussels sprouts |
►M8 0,5 ◄ |
||||
|
Head cabbage |
|||||
|
Others |
►M8 3 ◄ |
||||
|
Leafy brassica |
|||||
|
Chinese cabbage |
2 |
||||
|
Kale |
►M41 2 ◄ |
||||
|
Others |
►M41 0,5 ◄ |
0,05 (1) |
|||
|
Kohlrabi |
0,01 (1) |
0,05 (1 | |||