
COMMISSION DIRECTIVE 2007/12/EC of 26 February 2007 amending certain Annexes to Council Directive 90/642/EEC as regards the maximum residue levels of penconazole, benomyl and carbendazim (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, 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, 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 covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which will lead to changes in the residue levels of penconazole, benomyl and carbendazim.

(4) The lifetime exposure of consumers to those pesticides via food products that may contain residues of those 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.

(5) In the case of benomyl and carbendazim for which an acute reference dose (ARfD) exists, the acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides, have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short term assessment is not needed.

(6) In the case of the new MRL on citrus for benomyl and carbendazim the applicant has undertaken to supply additional data required by December 2007. The data already available show that the proposed MRL is safe for the consumers.

(7) 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, MRLs should be fixed at the lower limit of analytical determination.

(8) Therefore it is appropriate to fix new MRLs for those pesticides.

(9) Directive 90/642/EEC should therefore be amended accordingly.

(10) 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 II to Directive 90/642/EEC is amended in accordance with the Annex to this Directive.
Article 2 

1. Member States shall adopt and publish, by 27 August 2007 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 28 August 2007.
2. When Member States adopt the provisions referred to in paragraph 1, 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.
3. 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 3 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4 
This Directive is addressed to the Member States.
Done at Brussels, 26 February 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX

In part A of Annex II to Directive 90/642/EEC, the columns for penconazole, benomyl, and carbendazim are replaced by the following:

 Pesticide residue and maximum residue level (mg/kg)
Groups and examples of individual products to which the MRLs would apply Penconazole Sum of benomyl and carbendazim, expressed as carbendazim
‘1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts

(i) CITRUS FRUIT
 0,05 0,5
Grapefruit  
Lemons  
Limes  
Mandarins (including clementines and other hybrids)  
Oranges  
Pomelos  
Others  

(ii) TREE NUTS (shelled or unshelled)
 0,05 0,1
Almonds  
Brazil nuts  
Cashew nuts  
Chestnuts  
Coconuts  
Hazelnuts  
Macadamia  
Pecans  
Pine nuts  
Pistachios  
Walnuts  
Others  

(iii) POME FRUIT
 0,2 0,2
Apples  
Pears  
Quinces  
Others  

(iv) STONE FRUIT
  
Apricots 0,1 0,2
Cherries  0,5
Peaches (including nectarines and similar hybrids) 0,1 0,2
Plums  0,5
Others 0,05 0,1

(v) BERRIES AND SMALL FRUIT
  

(a) Table and wine grapes
 0,2 
Table grapes  0,3
Wine grapes  0,5

(b) Strawberries (other than wild)
 0,5 0,1

(c) Cane fruit (other than wild)
 0,05 0,1
Blackberries  
Dewberries  
Loganberries  
Raspberries  
Others  

(d) Other small fruit and berries (other than wild)
  0,1
Bilberries  
Cranberries  
Currants (red, black and white) 0,5 
Gooseberries  
Others 0,05 

(e) Wild berries and wild fruit
 0,05 0,1

(vi) MISCELLANEOUS
 0,05 
Avocados  
Bananas  
Dates  
Figs  
Kiwi  
Kumquats  
Litchis  
Mangoes  
Olives (table consumption)  
Olives (oil extraction)  
Papaya  0,2
Passion fruit  
Pineapples  
Pomegranate  
Others  0,1
2. Vegetables, fresh or uncooked, frozen or dry

(i) ROOT AND TUBER VEGETABLES
 0,05 0,1
Beetroot  
Carrots  
Cassava  
Celeriac  
Horseradish  
Jerusalem artichokes  
Parsnips  
Parsley root  
Radishes  
Salsify  
Sweet potatoes  
Swedes  
Turnips  
Yam  
Others  

(ii) BULB VEGETABLES
 0,05 0,1
Garlic  
Onions  
Shallots  
Spring onions  
Others  

(iii) FRUITING VEGETABLES
  

(a) Solanacea
  
Tomatoes 0,1 0,5
Peppers 0,2 
Aubergines 0,1 0,5
Okra  2
Others 0,05 0,1

(b) Cucurbits — edible peel
 0,1 0,1
Cucumbers  
Gherkins  
Courgettes  
Others  

(c) Cucurbits — inedible peel
 0,1 0,1
Melons  
Squashes  
Watermelons  
Others  

(d) Sweet corn
 0,05 0,1

(iv) BRASSICA VEGETABLES
 0,05 

(a) Flowering brassica
  0,1
Broccoli (including Calabrese)  
Cauliflower  
Others  

(b) Head brassica
  
Brussels sprouts  0,5
Head cabbage  
Others  0,1

(c) Leafy brassica
  0,1
Chinese cabbage  
Kale  
Others  

(d) Kohlrabi
  0,1

(v) LEAF VEGETABLES AND FRESH HERBS
 0,05 0,1

(a) Lettuce and similar
  
Cress  
Lamb's lettuce  
Lettuce  
Scarole (broadleaf endive)  
Rucola  
Leaves and stems of brassica  
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)
 0,05 
Beans (with pods)  0,2
Beans (without pods)  
Peas (with pods)  0,2
Peas (without pods)  
Others  0,1

(vii) STEM VEGETABLES (fresh)
  0,1
Asparagus  
Cardoons  
Celery  
Fennel  
Globe artichokes 0,2 
Leek  
Rhubarb  
Others 0,05 

(viii) FUNGI
 0,05 0,1

(a) Cultivated mushrooms
  

(b) Wild mushrooms
  

3. Pulses
 0,05 0,1
Beans  
Lentils  
Peas  
Lupines  
Others  

4. Oilseeds
 0,05 
Linseed  
Peanuts  
Poppy seed  
Sesame seed  
Sunflower seed  
Rape seed  
Soya bean  0,2
Mustard seed  
Cotton seed  
Hemp seed  
Others  0,1

5. Potatoes
 0,05 0,1
Early potatoes  
Ware potatoes  

6. Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)
 0,1 0,1

7. Hops (dried), including hop pellets and unconcentrated powder
 0,5 0,1


