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Document 32005L0046

    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)

    OJ L 177, 9.7.2005, p. 35–41 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
    OJ L 287M, 18.10.2006, p. 102–108 (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    Legal status of the document No longer in force, Date of end of validity: 31/08/2008; Implicitly repealed by 32005R0396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/2005/46/oj

    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 (*1) 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 , ex 0208 , 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 (*2), Poultry

     

    0,01  (*2)

    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

    (*1)  Indicates lower limit of analytical determination.’

    (*2)  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  (x)

    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.

    (x)  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.’

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