EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

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)
Special edition in Bulgarian: Chapter 03 Volume 069 P. 91 - 98
Special edition in Romanian: Chapter 03 Volume 069 P. 91 - 98

No longer in force, Date of end of validity: 31/08/2008; Implicitly repealed by 32005R0396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)  (2)

(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)  (2)

(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 (2)

Beans

 

Lentils

 

Peas

 

Others

 

4.   

Oilseeds

Linseed

5 (2)

Peanuts

0,1 (1)  (2)

Poppy seed

0,1 (1)  (2)

Sesame seed

0,1 (1)  (2)

Sunflower seed

1 (2)

Rape seed

2 (2)

Soya bean

0,2 (2)

Mustard seed

0,5 (2)

Cotton seed

0,1 (1)  (2)

Hemp seed

0,5 (2)

Others

0,1 (1)  (2)

5.

Potatoes

0,05 (1)  (2)

Early potatoes

 

Ware potatoes

 

6.

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

0,1 (1)  (2)

7.

Hops (dried), including hop pellets and unconcentrated powder

0,1 (1)  (2)


(1)  Indicates lower limit of analytical determination.

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


Top