
COMMISSION DIRECTIVE 2007/55/EC of 17 September 2007 amending certain Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for azinphos-methyl (Text with EEA relevance) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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, and in particular Article 5 thereof,
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, 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, and in particular Article 10 thereof,
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,
Whereas:

(1) The Commission was informed that for azinphos-methyl current MRLs may need to be revised in the light of the availability of new information on the toxicology and consumer intake. The Commission has asked the Member State which acted as rapporteur for azinphos-methyl under Council Directive 91/414/EEC, to make a proposal for the review of Community MRLs. Such a proposal was submitted to the Commission.

(2) Community MRLs and the levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. There are a number of Codex MRLs for azinphos-methyl. The Community MRLs based on Codex MRLs have also been evaluated by the Rapporteur Member State in the light of the new information on the risks for the consumers.

(3) The lifetime and short-term exposure of consumers to the azinphos-methyl via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.

(4) 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.

(5) It is therefore necessary to modify the MRLs set out in the Annexes to Directives 76/895/EEC, 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.

(6) Through the World Trade Organisation, the Community’s trading partners have been informed about the new MRLs and their comments on these levels will be taken into account.

(7) Directives 76/895/EEC, 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 Annex II to Directive 76/895/EEC the entry relating to azinphos-methyl is deleted.
Article 2 
Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
Article 3 
Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
Article 4 
Directive 90/642/EEC is amended in accordance with Annex III to this Directive.
Article 5 
Member States shall adopt and publish, by 18 March 2008 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 19 March 2008.
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.
Article 6 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 7 
This Directive is addressed to the Member States.
Done at Brussels, 17 September 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I

In Part A of Annex II to Directive 86/362/EEC, the following line is added:

Pesticide residues Maximum levels in mg/kg
‘Azinphos-methyl 0,05 (*)CEREALS’

ANNEX II

In Part A of Annex II to Directive 86/363/EEC, the following line is added:

 Maximum levels in mg/kg (ppm)
Pesticide residues of fat contained in meat, preparations of meat, offal and animal fats listed in Annex I under headings Nos ex 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602 (1) (4) for cow’s milk and whole cream cow’s milk listed in Annex I under headings No 0401: for other foodstuffs in heading Nos 0401, 0402, 0405 00 and 0406 in accordance with (2) (4) of shelled fresh eggs, for bird’s eggs and egg yolks listed in Annex I under headings Nos 0407 00 and 0408 (3) (4)
‘Azinphos-methyl 0,01 0,01 0,01


ANNEX III

In Part A of Annex II to Directive 90/642/EEC, the following column is added:

‘Groups and examples of individual products to which the MRLs apply Azinphos-methyl
1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar, nuts

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

(ii) TREE NUTS (shelled or unshelled)
 0,5
Almonds 
Brazil nuts 
Cashew nuts 
Chestnuts 
Coconuts 
Hazelnuts 
Macadamia 
Pecans 
Pine nuts 
Pistachios 
Walnuts 
Others 

(iii) POME FRUIT
 0,5
Apples 
Pears 
Quinces 
Others 

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

(v) BERRIES AND SMALL FRUIT
 

(a) Table and wine grapes
 0,05
Table grapes 
Wine grapes 

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

(c) Cane fruit (other than wild)
 0,5
Blackberries 
Dewberries 
Loganberries 
Raspberries 
Others 

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

(e) Wild berries and wild fruit
 0,05

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

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

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

(iii) FRUITING VEGETABLES
 

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

(b) Cucurbits — edible peel
 
Cucumbers 0,2
Gherkins 
Courgettes 
Others 0,05

(c) Cucurbits — inedible peel
 0,05
Melons 
Squashes 
Watermelons 
Others 

(d) Sweetcorn
 0,05

(iv) BRASSICA VEGETABLES
 0,05

(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
 0,05

(a) Lettuce and similar
 
Cress 
Lamb's lettuce 
Lettuce 
Scarole (broad-leaf endive) 
Rocket 
Leaves and stems of brassica, including turnip greens 
Others 

(b) Spinach and similar
 
Spinach 
Beet leaves (chard) 
Others 

(c) Watercress
 

(d) Witloof
 

(e) Herbs
 
Chervil 
Chives 
Parsley 
Celery leaves 
Others 

(vi) LEGUME VEGETABLES (fresh)
 0,05
Beans (with pods) 
Beans (without pods) 
Peas (with pods) 
Peas (without pods) 
Others 

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

(viii) FUNGI
 0,05

(a) Cultivated mushrooms
 

(b) Wild mushrooms
 

3. Pulses
 0,05
Beans 
Lentils 
Peas 
Lupines 
Others 
4. Oilseed
Linseed 
Peanuts 
Poppy seeds 
Sesame seeds 
Sunflower seed 
Rapeseed 
Soya bean 
Mustard seed 
Cotton seed 0,2
Hemp seed 
Others 0,05

5. Potatoes
 0,05
Early potatoes 
Ware potatoes 

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

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


