
COMMISSION DIRECTIVE 2007/9/EC of 20 February 2007 amending the Annexe to Council Directive 90/642/EEC as regards maximum residue levels for aldicarb (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,
Whereas:

(1) In the case of cereals and products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.

(2) MRLs for pesticides are kept under review and changed to take account of new information and data. 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 residue 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 by the necessary data.

(3) A Member State informed the Commission of its desire to revise national MRLs in accordance with Article 8 of Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission.

(4) The lifetime and short-term exposure of consumers to the pesticides referred to in this Directive 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.

(5) Where relevant, the acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the new MRLs will not cause acute toxic effects.

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

(7) At the request of the Commission, EFSA has given an opinion on the risk of the aldicarb MRLs in this Directive.

(8) The Annexes to Directives 90/642/EEC should therefore be amended accordingly.

(9) 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 
Part A of Annex II to Directive 90/642/EEC is amended in accordance with the Annex to this Directive.
Article 2 
Member States shall adopt and publish, by 1 September 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 2 September 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.
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, 20 February 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX

In part A of Annex II to Directive 90/642/EEC, the lines for aldicarb are replaced by the following:

Pesticide residues and maximum residue levels (mg/kg)
Groups and examples of individual products to which the MRLs apply Aldicarb (sum of aldicarb, its sulfoxide and its sulfone expressed as aldicarb)

‘1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts
 0,02

(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 (table consumption) 
Olives (oil extraction) 
Papaya 
Passion fruit 
Pineapples 
Pomegranate 
Others 

2. Vegetables, fresh or uncooked, frozen or dry
 

(i) ROOT AND TUBER VEGETABLES
 0,02
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
 0,02

(a) Solanacea
 
Tomatoes 
Peppers 
Aubergines 
Okra 
Others 

(b) Cucurbits — edible peel
 
Cucumbers 
Gherkins 
Courgettes 
Others 

(c) Cucurbits — inedible peel
 
Melons 
Squashes 
Watermelons 
Others 

(d) Sweet corn
 

(iv) BRASSICA VEGETABLES
 0,02

(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
 0,02

(a) Lettuce and similar
 
Cress 
Lamb's lettuce 
Lettuce 
Scarole (broad-leaf endive) 
Ruccola 
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)
 0,02
Beans (with pods) 
Beans (without pods) 
Peas (with pods) 
Peas (without pods) 
Others 

(vii) STEM VEGETABLES (fresh)
 0,02
Asparagus 
Cardoons 
Celery 
Fennel 
Globe artichokes 
Leek 
Rhubarb 
Others 

(viii) FUNGI
 0,02

(a) Cultivated mushrooms
 

(b) Wild mushrooms
 

3. Pulses
 0,02
Beans 
Lentils 
Peas 
Lupines 
Others 

4. Oilseed
 0,05
Linseed 
Peanuts 
Poppy seeds 
Sesame seeds 
Sunflower seed 
Rape seed 
Soya bean 
Mustard seed 
Cotton seed 
Hemp seed 
Others 

5. Potatoes
 0,02
Early potatoes 
Ware potatoes 

6. Tea (leaves and stems, dried, fermented or otherwise, from the leaves of Camellia sinensis)
 0,05

7. Hops (dried), including hop pellets and unconcentrated powder
 0,05

