title: Commission Directive 2014/79/EU of 20 June 2014 amending Appendix C of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards TCEP, TCPP and TDCP  Text with EEA relevance

text:
               21.6.2014

               EN

               Official Journal of the European Union

               L 182/49

         COMMISSION DIRECTIVE 2014/79/EU
   of 20 June 2014
   amending Appendix C of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards TCEP, TCPP and TDCP
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (1), and in particular Article 46(2) thereof,
   Whereas:

               (1)

               The substance tris(2-chloroethyl) phosphate (TCEP), CAS No 115-96-8, is a phosphate ester used as a flame-retardant plasticiser in polymers. The main industrial branches in which TCEP has been used are the building industry, the furniture and the textile industry. TCEP is classified under Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (2) as carcinogenic category 2 and toxic for reproduction category 1B.

               (2)

               Directive 2009/48/EC establishes general requirements for substances which are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) under Regulation (EC) No 1272/2008. Such substances may not be used in toys, in components of toys or in micro-structurally distinct parts of toys, except if inaccessible to children, permitted by a Commission decision or contained in individual concentrations equal to or smaller than the relevant concentrations established for the classification of mixtures containing them as CMRs. In the absence of any specific requirements, TCEP can thus be contained in toys in concentrations equal to or smaller than the relevant concentration established for the classification of mixtures containing it as CMRs, namely 0,5 % as from 20 July 2013 and 0,3 % as from 1 June 2015 respectively.

               (3)

               TCEP was comprehensively evaluated in 2009 under Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (3). The risk assessment report, entitled ‘European Union Risk assessment on TCEP’, shows that TCEP easily migrates, and, when ingested, results in toxicity in the kidney, liver and brain, causing health damages and potentially cancer.

               (4)

               The risk assessment report also shows that since 2001 there is no EU TCEP production. Its use in the EU had also declined, TCEP being replaced progressively by other flame retardants. Nevertheless, the presence of TCEP in toys cannot be excluded, as most toys available on the EU market are imported, thus manufactured outside the EU.

               (5)

               To assess the health effects of TCEP in toys and the appropriateness of Directive 2009/48/EC's generic limits for TCEP as a CMR substance, the Commission sent a request for an opinion to the Scientific Committee on Health and Environmental Risks (SCHER). In its opinion, adopted on 22 March 2012 and entitled ‘Opinion on tris(2-chloroethyl) phosphate (TCEP) in toys’, SCHER notes that health effects (in particular kidney effects) have been observed after repeated exposure to 12 mg of TCEP/kg body weight per day. SCHER also notes that the TCEP content found by the Danish Environmental Protection Agency (Danish EPA) in toys (0,5-0,6 %), as reported in the Danish EPA's ‘Survey and risk assessment of perfume and flavours in toys and childcare articles. Survey of chemical substances in consumer products’, corresponds to a risk for children, even without considering other exposures. When considering TCEP exposure from other sources than toys (e.g. air, dust), SCHER concludes that no additional exposure from toys can be considered as safe, and recommends setting the limit for TCEP in toys at the detection limit of a sufficiently sensitive analytical method.

               (6)

               In the light of the above, the generic limit values of 0,5 % and 0,3 % referred to by Directive 2009/48/EC appear to be inappropriate for protecting children's health. Following a stakeholder consultation, the ‘detection limit of a sufficiently sensitive analytical method’ for TCEP was set at 5 mg/kg. As this limit refers to a detection level, it is not based on a toxicological approach.

               (7)

               In addition to TCEP, SCHER also assessed TCEP's halogenated alternatives, namely tris[2-chloro-1-(chloromethyl)ethyl] phosphate (TDCP), CAS No 13674-87-8, and tris(2-chloro-1-methylethyl) phosphate (TCPP), CAS No 13674-84-5, in the above-mentioned opinion of 22 March 2012. These alternatives were assessed in 2008 under Regulation (EEC) No 793/93.

               (8)

               In its opinion SCHER agrees with the conclusion of the alternatives' risk assessments that there is sufficient information from the structures, physical-chemical properties, toxicokinetics and mutagenic profiles of TCEP, TDCP and TCPP to support a qualitative read-across, indicating a potential concern for carcinogenicity for TCPP by a non-genotoxic mechanism. The read-across implies, according to SCHER, that considerations given for TCEP could be applied to its halogenated alternatives as well, if used in toy manufacturing.

               (9)

               TDCP is classified under Regulation (EC) No 1272/2008 as carcinogenic category 2, and for TCPP, although not classified, SCHER identified a potential concern for carcinogenicity. In line with the above considerations for TCEP and the SCHER opinion, limit values for TDCP and TCPP should therefore also be set at 5 mg/kg.

               (10)

               Directive 2009/48/EC foresees that, to further protect children's health, specific limit values for chemicals can be set out, when appropriate, for toys intended for use by children under three years old or other toys intended to be placed in the mouth.

               (11)

               Directive 2009/48/EC should therefore be amended accordingly.

               (12)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established in Article 47 of Directive 2009/48/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Appendix C of Annex II to Directive 2009/48/EC is replaced by the following:

         ‘Appendix C

      Specific limit values for chemicals used in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth adopted in accordance with Article 46(2)

                  Substance

                  CAS No

                  Limit value

                  TCEP

                  115-96-8

                  5 mg/kg (content limit)

                  TCPP

                  13674-84-5

                  5 mg/kg (content limit)

                  TDCP

                  13674-87-8

                  5 mg/kg (content limit)’

   Article 2
   1.   Member States shall adopt and publish, by 21 December 2015 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.
   They shall apply those provisions from 21 December 2015.
   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 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 170, 30.6.2009, p. 1.

      (2)  OJ L 353, 31.12.2008, p. 1.

      (3)  OJ L 84, 5.4.1993, p. 1.


Important legal notice

|

32003L0062

Commission Directive 2003/62/EC of 20 June 2003 amending Council Directives 86/362/EEC and 90/642/EEC in respect of maximum residue levels for hexaconazole, clofentezine, myclobutanyl and prochloraz (Text with EEA relevance)

Official Journal L 154 , 21/06/2003 P. 0070 - 0078

Commission Directive 2003/62/ECof 20 June 2003amending Council Directives 86/362/EEC and 90/642/EEC in respect of maximum residue levels for hexaconazole, clofentezine, myclobutanyl and prochloraz(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 products of plant origin, including fruit and vegetables(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 7 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(3), as last amended by Regulation (EC) No 807/2003(4), and in particular Article 10 thereof,Whereas:(1) Commission Directive 2002/79/EC(5) fixed maximum residue levels (MRLs) in relation to certain pesticide/food combinations.(2) Following publication of Directive 2002/79/EC, the Commission received requests, supported by further data, to review the levels at which MRLs for certain pesticide/food combinations had been fixed by virtue of Directive 2002/79/EC. The applications and data were reviewed, and for some combinations, the data was sufficient to justify the fixing of an MRL above the lower limit of analytical determination.(3) The acute and lifetime exposure of consumers to these pesticides via food products that may contain residues of these pesticides arising from their uses in plant protection and, where applicable, in veterinary medicine has been assessed and evaluated in accordance with the procedures and practices used within the European Community, taking account of guidelines published by the World Health Organisation(6) and it has been calculated that the maximum residue levels fixed in this Directive do not give rise to a violation of the acceptable daily intakes or the acute reference doses.(4) The Community's trading partners will be consulted about the levels set out in this Directive through the World Trade Organisation and their comments on these levels will be considered.(5) The opinions of the Scientific Committee for Plants, in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides and on the application of the methodology, referred to above, by the Rapporteur Member States have been taken into account(7).(6) 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 1The maximum levels for residues listed in the Annex to this Directive shall replace those listed in Annex II to Directive 90/642/EEC for the pesticides in question.Article 2In part A of Annex II to Directive 86/362/EEC the following rows are replaced:">TABLE>"Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 July 2003 at the latest. They shall forthwith inform the Commission thereof.They shall apply these measures as of 1 August 2003.Article 4When 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 5This Directive shall enter into force on the first day following that of its publication in the Official Journal of the European Union.Article 6This Directive is addressed to the Member States.Done at Brussels, 20 June 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 350, 14.12.1990, p. 71.(2) OJ L 122, 16.5.2003, p. 1.(3) OJ L 221, 7.8.1986, p. 37.(4) OJ L 122, 16.5.2003, p. 36.(5) OJ L 291, 28.10.2002, p. 1.(6) 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 in 1997 (WHO/FSF/FOS/97.7).(7) SCP/RESI/021; SCP/RESI/024.ANNEX>TABLE>


title: Commission Directive 2005/76/EC of 8 November 2005 amending Council Directives 90/642/EEC and 86/362/EEC as regards the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin fixed therein   (Text with EEA relevance)

text:
               9.11.2005

               EN

               Official Journal of the European Union

               L 293/14

         COMMISSION DIRECTIVE 2005/76/EC
   of 8 November 2005
   amending Council Directives 90/642/EEC and 86/362/EEC as regards the maximum residue levels of kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin 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 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 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 (2), 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 (3), 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 certain pesticides covered by Directive 90/642/EEC and Directive 86/362/EEC has been notified to the Commission. This concerns kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin.

               (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 (4). 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 those pesticides.

               (9)

               The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for metalaxyl 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 metalaxyl or metalaxyl-M. The provisional Community MRL should then become definitive.

               (10)

               Directives 90/642/EEC and 86/362/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
   Part A of Annex II to Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
   Article 2
   Part A of Annex II to Directive 90/642/EEC is amended in accordance with Annex II to this Directive.
   Article 3
   1.   Member States shall adopt and publish, by 9 May 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 10 May 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, 8 November 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 2005/48/EC (OJ L 219, 24.8.2005, p. 29).

      (2)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2005/48/EC.

      (3)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

      (4)  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 I
   In part A of Annex II to Directive 86/362/EEC, the line for metalaxyl is replaced by the following:

                  Pesticide residue

                  Maximum level in mg/kg

                  ‘Metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)

                  0,05 (1)
                      (2)

                  CEREALS

      (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.’
   ANNEX II
   In part A of Annex II to Directive 90/642/EEC, the lines for kresoxim-methyl, cyromazine, bifenthrin, metalaxyl and azoxystrobin 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

                  Kresoximmethyl

                  Cyromazine

                  Bifenthrin

                  Metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)

                  Azoxystrobin

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

                              (i)

                              CITRUS FRUIT

                  0,05 (1)

                  0,05 (1)

                  0,1

                  0,5 (2)

                  1

                  Grapefruit

                  Lemons

                  Limes

                  Mandarins (including clementines and other hybrids)

                  Oranges

                  Pomelos

                  Others

                              (ii)

                              TREE NUTS (shelled or unshelled)

                  0,1 (1)

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,1 (1)

                  Almonds

                  Brazil nuts

                  Cashew nuts

                  Chestnuts

                  Coconuts

                  Hazelnuts

                  Macadamia

                  Pecans

                  Pine nuts

                  Pistachios

                  Walnuts

                  Others

                              (iii)

                              POME FRUIT

                  0,2

                  0,05 (1)

                  0,3

                  1 (2)

                  0,05 (1)

                  Apples

                  Pears

                  Quinces

                  Others

                              (iv)

                              STONE FRUIT

                  0,05 (1)

                  0,05 (1)

                  0,2

                  0,05 (1)
                      (2)

                  0,05 (1)

                  Apricots

                  Cherries

                  Peaches (including nectarines and similar hybrids)

                  Plums

                  Others

                              (v)

                              BERRIES AND SMALL FRUIT

                  0,05 (1)

                              (a)

                              Table and wine grapes

                  1

                  0,2

                  2

                  Table grapes

                  2 (2)

                  Wine grapes

                  1 (2)

                              (b)

                              Strawberries (other than wild)

                  1

                  0,5

                  0,5 (2)

                  2

                              (c)

                              Cane fruit (other than wild)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  Blackberries

                  0,3

                  3

                  Dewberries

                  Loganberries

                  Raspberries

                  0,3

                  3

                  Others

                  0,05 (1)

                  0,05 (1)

                              (d)

                              Other small fruit and berries (other than wild)

                  0,05 (1)
                      (2)

                  0,05 (1)

                  Bilberries

                  Cranberries

                  Currants (red, black and white)

                  1

                  Gooseberries

                  1

                  Others

                  0,05 (1)

                              (e)

                              Wild berries and wild fruit

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,05 (1)

                              (vi)

                              MISCELLANEOUS

                  0,05 (1)

                  0,05 (1)
                      (2)

                  Avocados

                  Bananas

                  0,1

                  2

                  Dates

                  Figs

                  Kiwi

                  Kumquats

                  Litchis

                  Mangoes

                  0,2

                  Olives

                  0,2

                  Papaya

                  0,2

                  Passion fruit

                  Pineapples

                  Pomegranate

                  Others

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)

            2.   Vegetables, fresh or uncooked, frozen or dry

                              (i)

                              ROOT AND TUBER VEGETABLES

                  0,05 (1)

                  0,05 (1)

                  Beetroot

                  Carrots

                  0,2

                  Cassava

                  Celeriac

                  0,3

                  Horseradish

                  0,2

                  Jerusalem artichokes

                  Parsnips

                  0,1 (2)

                  0,2

                  Parsley root

                  0,2

                  Radishes

                  0,2

                  Salsify

                  0,2

                  Sweet potatoes

                  Swedes

                  Turnips

                  Yam

                  Others

                  0,05 (1)
                      (2)

                  0,05 (1)

                              (ii)

                              BULB VEGETABLES

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)

                  Garlic

                  0,5 (2)

                  Onions

                  0,5 (2)

                  Shallots

                  0,5 (2)

                  Spring onions

                  0,2 (2)

                  2

                  Others

                  0,05 (1)
                      (2)

                  0,05 (1)

                              (iii)

                              FRUITING VEGETABLES

                              (a)

                              Solanacea

                  0,2

                  2

                  Tomatoes

                  0,5

                  0,2 (2)

                  Peppers

                  1

                  0,5 (2)

                  Aubergines

                  0,5

                  Others

                  0,05 (1)

                  0,05 (1)
                      (2)

                              (b)

                              Cucurbits — edible peel

                  0,05 (1)

                  1

                  0,1

                  1

                  Cucumbers

                  0,5 (2)

                  Gherkins

                  Courgettes

                  Others

                  0,05 (1)
                      (2)

                              (c)

                              Cucurbits — inedible peel

                  0,2

                  0,05 (1)

                  0,5

                  Melons

                  0,3

                  0,2 (2)

                  Squashes

                  Watermelons

                  0,3

                  0,2 (2)

                  Others

                  0,05 (1)

                  0,05 (1)
                      (2)

                              (d)

                              Sweet corn

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,05 (1)

                              (iv)

                              BRASSICA VEGETABLES

                  0,05 (1)

                  0,05 (1)

                              (a)

                              Flowering brassica

                  0,2

                  0,1 (2)

                  0,5

                  Broccoli (including Calabrese)

                  Cauliflower

                  Others

                              (b)

                              Head brassica

                  1

                  0,3

                  Brussels sprouts

                  Head cabbage

                  1 (2)

                  Others

                  0,05 (1)
                      (2)

                              (c)

                              Leafy brassica

                  0,05 (1)

                  5

                  Chinese cabbage

                  Kale

                  0,2 (2)

                  Others

                  0,05 (1)
                      (2)

                              (d)

                              Kohlrabi

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,2

                              (v)

                              LEAF VEGETABLES AND FRESH HERBS

                  0,05 (1)

                              (a)

                              Lettuce & similar

                  15

                  2

                  3

                  Cress

                  Lamb’s lettuce

                  Lettuce

                  2 (2)

                  Scarole (broad-leaf endive)

                  1 (2)

                  Others

                  0,05 (1)
                      (2)

                              (b)

                              Spinach & similar

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,05 (1)

                  Spinach

                  Beet leaves (chard)

                  Others

                              (c)

                              Water cress

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,05 (1)

                              (d)

                              Witloof

                  0,05 (1)

                  0,05 (1)

                  0,3 (2)

                  0,2

                              (e)

                              Herbs

                  0,05 (1)

                  1 (2)

                  3

                  Chervil

                  Chives

                  Parsley

                  Celery leaves

                  Others

                              (vi)

                              LEGUME VEGETABLES (fresh)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  Beans (with pods)

                  0,5

                  1

                  Beans (without pods)

                  0,2

                  Peas (with pods)

                  0,1

                  0,5

                  Peas (without pods)

                  0,2

                  Others

                  0,05 (1)

                  0,05 (1)

                              (vii)

                              STEM VEGETABLES (fresh)

                  0,05 (1)

                  Asparagus

                  Cardoons

                  Celery

                  2

                  5

                  Fennel

                  Globe artichokes

                  2

                  1

                  Leek

                  0,2 (2)

                  0,1

                  Rhubarb

                  Others

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,05 (1)

                              (viii)

                              FUNGI

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,05 (1)

                              (a)

                              Cultivated mushrooms

                  5

                              (b)

                              Wild mushrooms

                  0,05 (1)

                              3.

                              Pulses

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,1

                  Beans

                  Lentils

                  Peas

                  Others

                              4.

                              Oilseeds

                  0,1 (1)

                  0,05 (1)

                  0,1 (1)

                  0,1 (1)
                      (2)

                  Linseed

                  Peanuts

                  Poppy seed

                  Sesame seed

                  Sunflower seed

                  Rape seed

                  0,5

                  Soya bean

                  0,5

                  Mustard seed

                  Cotton seed

                  Others

                  0,05 (1)

                              5.

                              Potatoes

                  0,05 (1)

                  1

                  0,05 (1)

                  0,05 (1)
                      (2)

                  0,05 (1)

                  Early potatoes

                  Ware potatoes

                              6.

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

                  0,1 (1)

                  0,05 (1)

                  5

                  0,1 (1)
                      (2)

                  0,1 (1)

                              7.

                              Hops (dried), including hop pellets and unconcentrated powder

                  0,1 (1)

                  0,05 (1)

                  10

                  10 (2)

                  20

      (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.’


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32003L0113

Commission Directive 2003/113/EC of 3 December 2003 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables (Text with EEA relevance)

Official Journal L 324 , 11/12/2003 P. 0024 - 0035

Commission Directive 2003/113/ECof 3 December 2003amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables(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), as last amended by Commission Directive 2003/62/EC(2), 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(3), as last amended by Commission Directive 2003/60/EC(4), 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(5), as last amended by Commission Directive 2003/69/EC(6), 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(7), as last amended by Commission Directive 2003/84/EC(8), and in particular Article 4(1)(f) thereof,Whereas:(1) The existing active substances 2,4-DB linuron and pendimethalin, were included in Annex I to Council Directive 91/414/EEC by Commission Directive 2003/31/EC(9).(2) The new active substances imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid were included in Annex I to Council Directive 91/414/EEC by Commission Directive, 2003/23/EC(10).(3) The inclusion in Annex I to Directive 91/414/EEC of the active substances concerned was based on the assessment of the information submitted concerning the proposed use. Information relating to this use has been submitted by certain Member States in accordance with Article 4(1)(f) of Directive 91/414/EEC. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed.(4) Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing these active substances may be authorised.(5) With respect to the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, the related technical and scientific evaluations were finalised in the form of Commission review reports. The assessment reports for the substances mentioned were finalised on the dates as mentioned in the Commission Directives cited under (1) and (2). These reports fixed the Acceptable Daily Intake (ADI) and if necessary, the Acute Reference Dose (ARfD) for the substances concerned. The exposure of consumers of food products treated with the active substance concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation(11) and the opinion of the Scientific Committee for Plants(12) on the methodology employed. It is concluded that MRLs proposed will not lead to those ADIs or ARfD being exceeded.(6) In order to ensure that the consumer is adequately protected from exposure to residues resulting from unauthorised uses of plant protection products, provisional MRLs should be set for the relevant product/pesticide combinations at the lower limit of analytical determination.(7) The setting at Community level of such provisional MRLs does not prevent the Member States from establishing provisional MRLs for the substances in this Directive 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 the active substance concerned. The provisional MRL should then become definitive.(8) It is therefore necessary to add all of the pesticide residues arising from use of these plant protection products to the Annexes to Council 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. The Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.(9) This Directive is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1The maximum pesticide residue levels for 2,4-DB, linuron, pendimethalin, imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as shown in Annex I to this Directive are added to Part A of Annex II to Directive 86/362/EEC.Article 2The maximum pesticide residue levels for pendimethalin, as shown in Annex II to this Directive are added to Annex IIA to Directive 86/363/EEC. The maximum pesticide residue levels for 2,4-DB and oxasulfuron as shown in Annex III to this Directive are added to Annex IIB to Directive 86/363/EEC.Article 3The maximum pesticide residue levels for 2,4-DB, linuron, pendimethalin, imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as shown in Annex IV to this Directive are added to Annex II to Directive 90/642/EEC.Article 4Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive six months after publication of this Directive in the Official Journal of the European Union at the latest. They shall forthwith inform the Commission thereof.They shall apply these provisions with effect from 4 June 2005.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 5This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 6This Directive is addressed to the Member States.Done at Brussels, 3 December 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 154, 21.6.2003, p. 70.(3) OJ L 221, 7.8.1986, p. 43.(4) OJ L 155, 24.6.2003, p. 15.(5) OJ L 350, 14.12.1990, p. 71.(6) OJ L 175, 15.7.2003, p. 37.(7) OJ L 230, 19.8.1991, p. 1.(8) OJ L 247, 30.9.2003, p. 20.(9) OJ L 101, 23.4.2003, p. 3.(10) OJ L 81, 28.3.2003, p. 39.(11) 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).(12) Opinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/food/fs/ sc/index_en.html).ANNEX I>TABLE>ANNEX II>TABLE>ANNEX III>TABLE>ANNEX IV>TABLE>


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31988L0659

Council Directive 88/659/EEC of 19 December 1988 amending Directives 73/132/EEC, 76/630/EEC and 82/177/EEC on the statistical surveys to be carried out on Community livestock following the introduction of the combined nomenclature

Official Journal L 382 , 31/12/1988 P. 0034 - 0034

COUNCIL DIRECTIVE of 19 December 1988 amending Directives 73/132/EEC, 76/630/EEC and 82/177/EEC on the statistical surveys to be carried out on Community livestock following the introduction of the combined nomenclature (88/659/EEC)   THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,   Having regard to the Act of Accession of Spain and Portugal,   Having regard to the proposal from the Commission,   Having regard to the opinion of the European Parliament (1),   Whereas Directives 73/132/EEC (2), 76/630/EEC (3) and 82/177/EEC (4), as last amended by Directives 86/80/EEC (5), 86/83/EEC (6) and 86/82/EEC (7) respectively, refer to the Common Customs Tariff, which has been withdrawn and incorporated into the  combined nomenclature established by Regulation (EEC) No 2658/87 (8); whereas references thereto must therefore be amended in consequence,   HAS ADOPTED THIS DIRECTIVE:     Article 1 Directive 73/132/EEC is hereby amended as follows:   1. in Article 2 (1), ´heading 01.02 A of the Common Gustoms Tariff' is replaced by ´CN code 0102, excluding CN code 0102 90 90':   2. in Article 8, ´the NIMEXE Committee, in accordance with the procedure laid down in Article 5 of Regulation (EEC) No 1445/72 (9)' is replaced by ´the Nomenclature Committee, in accordance with the procedure laid down in Article 10 of Regulation (EEC)  No 2658/87 (10)'.   The footnote is replaced by the following:   ´    Article 2  In Article 2 of Directive 76/630/EEC, ´subheading 01.03 A of the Common Customs Tariff is replaced by ´CN code 0103, excluding CN codes 0103 9190 and 0103 92 90'. Article 3 Directive 82/177/EEC is hereby amended as follows:   I. in Article 2 (1),´subheading 01.04 A I and 01.04 B I of the Common Customs tariff is replaced by ´CN code 0104 10' and ´subheading 01.04 A II and 01.04 B II thereof is replaced by ´CN code 0104 20';   2. in Article 8, ´the NIMEXE Committee, in accordance with the procedure laid down in Article 5 of Regulation (EEC) No 1445/72 (11)' is replaced by ´the Nomenclature Committee, in accordance with the procedure laid down in Article 10 of Regulation (EEC)  No 2658/87 (12)'.   The footnote is replaced by the following:   ´    Article 4   This Directive is addressed to the Member States.    Done at Brussels, 19 Decembe r  (1) OJ No L 256, 7. 9. 1987, p. 1.'.    (2) Opinion delivered on l6 December 1988 (not yet published in the Official Journal).  (3) OJ No L 153, 9. 6. 1973, p. 25.  (4) OJ No L 223, 16. 8. 1976, p. 4.  (5) OJ No L 81, 27. 3. 1982, p. 35.  (6) OJ No L 77, 22. 3. 1986, p. 27.  (7) OJ No L 77, 22. 3. 1986, p. 31.  (8) OJ No L 77, 22. 3. 1986, p. 30.  (9) OJ No L 256, 7. 9. 1987, p. 1.(10) OJ No L 256, 7. 9. 1987, p. 1.'


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32004L0036

Directive 2004/36/CE of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports

Official Journal L 143 , 30/04/2004 P. 0076 - 0086

Directive 2004/36/CE of the European Parliament and of the Councilof 21 April 2004on the safety of third-country aircraft using Community airportsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the European Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 26 February 2004,Whereas:(1) The Resolution on the air disaster off the coast of the Dominican Republic adopted by the European Parliament on 15 February 1996(4) highlights the need for the Community to take a more active stance and develop a strategy to improve the safety of its citizens travelling by air or living near airports.(2) The Commission has issued a Communication to the European Parliament and the Council entitled "Defining a Community Aviation Safety Improvement Strategy".(3) That Communication clearly states that safety may be effectively enhanced by ensuring that aircraft comply fully with the international safety standards contained in the Annexes to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 ("the Chicago Convention").(4) In order to establish and maintain a high uniform level of civil aviation safety in Europe, a harmonised approach to the effective enforcement of international safety standards within the Community should be introduced. To that end, it is necessary to harmonise the rules and procedures for ramp inspections of third-country aircraft landing at airports located in the Member States.(5) A harmonised approach to the effective enforcement of international safety standards by the Member States will avoid distortions of competition. A common stance on third-country aircraft that fail to comply with international safety standards will be of benefit to the position of the Member States.(6) Aircraft landing in the Member States should undergo an inspection when it is suspected that they do not comply with international safety standards.(7) Inspections may also be carried out in accordance with a spot-check procedure in the absence of any particular suspicion, provided that Community and international law is observed. In particular, the inspections should be carried out in a non-discriminatory way.(8) Inspections could be stepped up in the case of aircraft in which defects have already been identified frequently in the past, or on aircraft belonging to airlines whose aircraft have frequently attracted attention.(9) Information gathered in each Member State should be made available to all the other Member States and the Commission in order to ensure the most efficient monitoring of the compliance of third country aircraft with international safety standards.(10) For these reasons there is a need to establish, at Community level, a procedure for the assessment of third-country aircraft and related cooperation mechanisms between the competent authorities of the Member States to exchange information.(11) The sensitive nature of safety-related information requires that Member States should take necessary measures, in accordance with their national law, to ensure appropriate confidentiality of the information received by them.(12) Without prejudice to the public's right of access to the Commission's documents as laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(5), the Commission should adopt measures for the dissemination to interested parties of such information and the associated conditions.(13) Aircraft on which corrective measures are required should, where the identified deficiencies are clearly hazardous to safety, be grounded until the non-compliance with international safety standards has been rectified.(14) The facilities in the airport of inspection may be such that the competent authority will be obliged to authorise the aircraft to transfer to an appropriate airport, provided that conditions for a safe transfer are complied with.(15) In order to carry out its tasks under this Directive, the Commission should be assisted by the committee instituted by Article 12 of Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation(6).(16) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).(17) The Commission should place at the disposal of the committee instituted by Article 12 of Regulation (EEC) No 3922/91 statistics and information collected in compliance with other Community measures concerning specific incidents that could be relevant to uncovering deficiencies representing a threat to civil aviation safety.(18) It is necessary to take into account the cooperation and information exchanges occurring within the framework of the Joint Aviation Authorities (JAA) and the European Civil Aviation Conference (ECAC). Moreover, the greatest possible use should be made of existing expertise in procedures of Safety Assessment of Foreign Aircraft (SAFA).(19) Account should be taken of the role of the European Aviation Safety Agency (EASA) in civil aviation safety policy, including the establishment of procedures that aim to establish and maintain a high uniform level of civil aviation safety in Europe.(20) Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries, and such arrangements have yet to come into operation,HAVE ADOPTED THIS DIRECTIVE:Article 1Scope and objective1. Within the framework of the Community's overall strategy to establish and maintain a high uniform level of civil aviation safety in Europe, this Directive introduces a harmonised approach to the effective enforcement of international safety standards within the Community by harmonising the rules and procedures for ramp inspections of third-country aircraft landing at airports located in the Member States.2. This Directive shall be without prejudice to the Member States' right to carry out inspections not covered by this Directive and to ground, ban, or impose conditions on any aircraft landing at their airports in accordance with Community and international law.3. State aircraft, as defined in the Chicago Convention, and aircraft of a maximum take-off weight of less than 5700 kg not engaged in commercial air transport are excluded from the scope of this Directive.4. The application of this Directive to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.5. The application of this Directive to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 have come into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.Article 2DefinitionsFor the purpose of this Directive:(a) "grounding" means the formal prohibition of an aircraft to leave an airport, and the taking of such steps as are necessary to detain it;(b) "international safety standards" means the safety standards contained in the Chicago Convention and its Annexes, as in force at the time of the inspection;(c) "ramp inspection" means the examination of third-country aircraft in accordance with Annex II;(d) "third-country aircraft" means an aircraft which is not used or operated under the control of a competent authority of a Member State.Article 3Collection of informationMember States shall put in place a mechanism to collect any information deemed useful for the fulfilment of the objective stated in Article 1, including:(a) important safety information accessible, in particular, through:- pilot reports,- maintenance organisation reports,- incident reports,- other organisations, independent from the competent authorities of the Member States,- complaints;(b) information on action taken subsequent to a ramp inspection, such as:- aircraft grounded,- aircraft or operator banned from the Member State concerned,- corrective action required,- contacts with the operator's competent authority;(c) follow-up information concerning the operator, such as:- corrective action implemented,- recurrence of discrepancy.This information shall be kept, using a standard report form containing the items described, in the form set out in Annex I.Article 4Ramp inspection1. Each Member State shall put in place the appropriate means to ensure that third-country aircraft suspected of non-compliance with international safety standards landing at any of its airports open to international air traffic shall be subject to ramp inspections. In implementing such procedures, particular attention shall be given by the competent authority to aircraft:- where information has been received indicating poor maintenance condition or obvious damage or defects;- which have been reported as performing abnormal manoeuvres since entering the airspace of a Member State such as to give rise to serious safety concerns;- in respect of which a previous ramp inspection has revealed deficiencies which give rise to serious concern that the aircraft does not comply with international safety standards and where the Member State is concerned that the defects may not have been corrected;- where there is evidence that the competent authorities of the country of registration may not be exercising proper safety oversight; or- where information collected under Article 3 gives cause for concern about the operator or where a previous ramp inspection of an aircraft used by the same operator has revealed deficiencies.2. Member States may establish rules in order to carry out ramp inspections in accordance with a spot-check procedure in the absence of any particular suspicion, provided that such rules comply with Community and international law. Such a procedure shall, however, be carried out in a non-discriminatory way.3. Member States shall ensure that appropriate ramp inspections and other surveillance measures as decided within the framework of Article 8(3) will be implemented.4. The ramp inspection shall be performed in accordance with the procedure described in Annex II and using a ramp inspection report form containing at least the items described in the form set out in Annex II. On completion of the ramp inspection, the commander of the aircraft or a representative of the aircraft operator shall be informed of the ramp inspection findings and, if significant defects have been found, the report shall be sent to the operator of the aircraft and to the competent authorities concerned.5. When performing a ramp inspection under this Directive, the competent authority concerned shall make all possible efforts to avoid an unreasonable delay of the aircraft inspected.Article 5Exchange of information1. The competent authorities of the Member States shall participate in a mutual exchange of information. Such information shall, at the request of a competent authority, include a list of airports of the Member State concerned that are open to international air traffic with an indication, for each calendar year, of the number of ramp inspections performed and the number of movements of third-country aircraft at each airport on that list.2. All standard reports referred to in Article 3 and the ramp inspection reports referred to in Article 4(4) shall be made available without delay to the Commission and, at their request, to the competent authorities of the Member States and to the European Aviation Safety Agency (EASA).3. Whenever a standard report shows the existence of a potential safety threat, or a ramp inspection report shows that an aircraft does not comply with international safety standards and may pose a potential safety threat, the report will be communicated without delay to each competent authority of the Member States and the Commission.Article 6Protection and dissemination of information1. Member States shall, in accordance with their national legislation, take the necessary measures to ensure appropriate confidentiality of the information received by them under Article 5. They shall use this information solely for the purpose of this Directive.2. The Commission shall publish yearly an aggregated information report available to the public and the industry stakeholders containing an analysis of all information received in accordance with Article 5. That analysis shall be simple and easy to understand and shall indicate whether there exists an increased safety risk to air passengers. In the analysis, the source of that information shall be disidentified.3. Without prejudice to the public's right of access to the Commission's documents as laid down in Regulation (EC) No 1049/2001, the Commission shall adopt, on its own initiative and in accordance with the procedure referred to in Article 10(2), measures for the dissemination to interested parties of the information referred to in paragraph 1 and the associated conditions. These measures, which may be general or individual, shall be based on the need:- to provide persons and organisations with the information they need to improve civil aviation safety;- to limit the dissemination of information to what is strictly required for the purposes of its users, in order to ensure appropriate confidentiality of that information.4. Whenever information concerning aircraft deficiencies is given voluntarily, the ramp inspection reports referred to in Article 4(4) shall be disidentified regarding the source of such information.Article 7Grounding of aircraft1. Where non-compliance with international safety standards is clearly hazardous to flight safety, measures should be taken by the aircraft operator to rectify the deficiencies before flight departure. If the competent authority performing the ramp inspection is not satisfied that corrective action will be carried out before the flight, it shall ground the aircraft until the hazard is removed and shall immediately inform the competent authorities of the operator concerned and of the State of registration of the aircraft.2. The competent authority of the Member State performing the ramp inspection may, in coordination with the State responsible for the operation of the aircraft concerned or the State of registration of the aircraft, prescribe the necessary conditions under which the aircraft can be allowed to fly to an airport at which the deficiencies can be corrected. If the deficiency affects the validity of the certificate of airworthiness for the aircraft, the grounding may only be lifted if the operator obtains permission from the State or States which will be overflown on that flight.Article 8Safety improvement and implementation measures1. Member States shall report to the Commission on the operational measures taken to implement the requirements of Articles 3, 4 and 5.2. On the basis of the information collected under paragraph 1, the Commission may, in accordance with the procedure referred to in Article 10(2), take any appropriate measures to facilitate the implementation of Articles 3, 4 and 5 such as:- establish the list of information to be collected;- detail the content of, and procedures for, ramp inspections;- define the format for the storage and dissemination of data;- create or support the appropriate bodies for managing or operating the tools necessary for the collection and exchange of information.3. On the basis of the information received under Articles 3, 4 and 5, and in accordance with the procedure referred to in Article 10(2), a decision may be taken on appropriate ramp inspection and other surveillance measures, in particular those of a specific operator or of operators of a specific third country, pending the adoption by the competent authority of that third country of satisfactory arrangements for corrective measures.4. The Commission may take any appropriate measures to cooperate with and assist third countries to improve their aviation safety oversight capabilities.Article 9Imposition of a ban or conditions on operationIf a Member State decides to ban from its airports or impose conditions on the operation of a specific operator or operators of a specific third country pending the adoption by the competent authority of that third country of satisfactory arrangements for corrective measures:(a) that Member State shall notify the Commission of the measures taken, and the Commission shall transmit the information to the other Member States;(b) the Commission, acting in accordance with the procedure referred to in Article 10(3), may issue such recommendations and take such actions as it considers necessary; it may, moreover, extend the measures notified under (a) to the whole Community following the submission of a draft of the measures to be taken in accordance with the procedure referred to in Article 10(2).Article 10Committee procedure1. The Commission shall be assisted by the committee set up by Article 12 of Regulation (EEC) No 3922/91.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.4. The Committee shall adopt its rules of procedure.5. The Committee may furthermore be consulted by the Commission on any other matter concerning the application of this Directive.Article 11ImplementationMember States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 2006. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.Article 12Amendment of AnnexesThe Annexes to this Directive may be amended in accordance with the procedure referred to in Article 10(2).Article 13ReportBy 30 April 2008 the Commission shall submit a report to the European Parliament and the Council on the application of this Directive, and in particular on Article 9, which, inter alia, takes into account developments in the Community and in international fora. The report may be accompanied by proposals for an amendment of this Directive.Article 14Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 15This Directive is addressed to the Member States.Done at Strasbourg, 21 April 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche(1) OJ C 103 E, 30.4.2002, p. 351.(2) OJ C 241, 7.10.2002, p. 33.(3) Opinion of the European Parliament of 3 September 2002 (OJ C 272 E, 13.11.2003, p. 343), Council Common Position of 13 June 2003 (OJ C 233 E, 30.09.2003, p.12) and Position of the European Parliament of 9 October 2003 (not yet published in the Official Journal). European Parliament legislative resolution of 1 April 2004 and Council Decision of 30 March 2004.(4) OJ C 65, 4.3.1996, p. 172.(5) OJ L 145, 31.5.2001, p. 43.(6) OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1592/2002 of the European Parliament and of the Council (OJ L 240, 7.9.2002, p. 1).(7) OJ L 184, 17.7.1999, p. 23.ANNEX I>PIC FILE= "L_2004143EN.008202.TIF">ANNEX III. The ramp inspection should cover all or a selection of the following aspects, according to the time available.1. Check for presence and validity of the documents necessary for international flights such as: registration certificate, log book, certificate of airworthiness, crew licences, radio licence, list of passengers and freight.2. Check that flight crew composition and qualifications comply with the requirements of Annex 1 and Annex 6 to the Chicago Convention (ICAO annexes).3. Check of operational documentation (flight data, operational flight plan, technical log), and of flight preparation necessary to show that the flight is prepared in accordance with ICAO Annex 6.4. Check for presence and status of items required for international navigation in accordance with ICAO Annex 6.- Air operator certificate- Noise and Emission Certificate- Operation manual (including Minimum Equipment List) and flight manual- Safety equipment- Security cabin equipment- Equipment necessary for the specific flight including radio communication and radio navigation equipment- Flight data recorders.5. Check that the condition of the aircraft and its equipment (including damage and repairs) ensures continuous compliance with ICAO Annex 8 standards.II. An inspection report must be drawn up after the ramp inspection and must include standard general information described above and a list of items checked, together with an indication of any deficiencies found for each of these items and/or any specific remark that may be necessary.>PIC FILE= "L_2004143EN.008401.TIF">>PIC FILE= "L_2004143EN.008501.TIF">>PIC FILE= "L_2004143EN.008601.TIF">


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32004L0059

Commission Directive 2004/59/EC of 23 April 2004 amending Council Directive 90/642/EEC as regards the maximum levels for bromopropylate residues fixed therein (Text with EEA relevance)

Official Journal L 120 , 24/04/2004 P. 0030 - 0038

Commission Directive 2004/59/ECof 23 April 2004amending Council Directive 90/642/EEC as regards the maximum levels for bromopropylate residues 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,Whereas:(1) Commission Regulation (EC) No 2076/2002 of November 2002 extending the time period referred to in Article 8(2) of Council Directive 91/414/EEC and concerning the non-inclusion of certain active substances in Annex I to that Directive and the withdrawal of authorisations for plant protection products containing these substances(2) allows certain Member States to maintain in force, until 30 June 2007, authorisations for plant protection products containing certain substances, whose non-inclusion in Annex I to Council Directive 91/414/EEC(3) it provides for.(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 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 with such necessary data.(4) MRLs for pesticides should be kept under review. They may be changed to take account of new uses, new information and data.(5) Information on essential uses in the framework of Directive 91/414/EEC has been notified to the Commission for bromopropylate. The information provides an adequate basis for an assessment of the intake by European consumers.(6) Authorisations of bromopropylate are to be withdrawn by 31 July 2007 at the latest. Taking into account the time it takes for residues of bromopropylate to leave the food chain it is appropriate that temporary MRLs related to these essential uses be reviewed by 31 December 2008 at the latest.(7) The lifetime exposure of consumers to bromopropylate via food products that may contain residues of that pesticide, has been assessed and evaluated. It has been calculated that the MRLs as amended will ensure that the acceptable daily intake is not exceeded.(8) The acute exposure of consumers to bromopropylate via each of the food products that may contain residues of this pesticide has been assessed and evaluated. It has been calculated that the MRLs as amended will ensure that the acute reference dose is not exceeded.(9) Therefore it is appropriate to amend the maximum levels for residues of bromopropylate.(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 1The maximum pesticide residue levels for bromopropylate in Annex II to Directive 90/642/EEC are replaced by those in the Annex to this Directive.Article 21. Member States shall adopt and publish, by 24 October 2004 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 25 October 2004 at the latest.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 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 23 April 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2004/2/EC (OJ L 14, 21.1.2004, p. 10).(2) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regulation (EC) No 1336/2003 (OJ L 187, 26.7.2003, p. 21).(3) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2004/20/EC (OJ L 70, 9.3.2004, p. 32).ANNEX">TABLE>"


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31986L0362

Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals

Official Journal L 221 , 07/08/1986 P. 0037 - 0042 Finnish special edition: Chapter 3 Volume 21 P. 0220  Swedish special edition: Chapter 3 Volume 21 P. 0220

*****COUNCIL  DIRECTIVE  of 24 July 1986  on the fixing of maximum levels for pesticide residues in and on cereals  (86/362/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas crop production plays a very important role in the Community;  Whereas the yield from that production is continually affected by harmful organisms and weeds;  Whereas it is absolutely essential to protect plants and plant products against these organisms, not only to prevent a reduction in yield or damage to the products harvested but also to increase agricultural productivity;  Whereas one of the most important methods of protecting plants and plant products from the effect of these harmful organisms is the use of chemical pesticides;  Whereas, however, these pesticides do not have only a favourable effect on plant production, since they are generally toxic substances or preparations with dangerous side-effects;  Whereas a large number of these pesticides and of their metabolites or breakdown products may have harmful effects on consumers of plant products;  Whereas these pesticides and the contaminants which may accompany them can present dangers for the environment;  Whereas, in order to deal with these dangers, several Member States have already fixed maximum levels for certain residues in and on cereals;  Whereas the differences which exist between Member States as regards the maximum permissible levels for pesticide residues can help to create barriers to trade and thus hinder the free movement of goods within the Community;  Whereas, for this reason, in an initial stage, maximum levels should be fixed for certain active substances in cereals, which must be observed when these products are put into circulation;  Whereas, moreover, observance of the maximum levels will ensure that the cereals can circulate freely and that the health of consumers is properly protected;  Whereas at the same time the Member States should be enabled to authorize the monitoring of levels of pesticide residues in cereals produced and consumed in their territory by a system of surveillance and related measures so as to provide safeguards equivalent to those resulting from the levels laid down;  Whereas, in special cases, particularly of volatile liquid or gaseous fumigants, Member States should be authorized to permit for cereals, not intended for immediate consumption, higher maximum levels than those laid down, provided that a suitable check is made to ensure that these products are not placed at the disposal of the end user or consumer until the residue content thereof no longer exceeds the maximum permissible levels;  Whereas it is not necessary to apply this Directive to products intended for export to third countries, for the manufacture of products other than foodstuffs or for sowing;  Whereas Member States should be allowed the reduce temporarily the levels laid down if they unexpectedly prove to be dangerous to human or animal health;  Whereas it is appropriate in that case to establish close cooperation between the Member States and the Commission within the Standing Committee on Plant Health;  Whereas, in order to guarantee compliance with this Directive when the products in question are put into circulation, the Member States must provide for suitable control measures;  Whereas Community methods of sampling and analysis should be established to be used at least as reference methods;  Whereas methods of sampling and analysis are technical and scientific matters, which should be determined by means of a procedure involving close cooperation between the Member States and the Commission within the Standing Committee on Plant Health;  Whereas it is appropriate that Member States make an annual report to the Commission on the results of their control measures so as to enable information concerning levels of pesticide residues to be collected for the Community as a whole;  Whereas the Council should review this Directive before 30 June 1991 with the aim of attaining a uniform Community system,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive shall apply, without prejudice to the provisions of Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs (1), as last amended by Directive 86/354/EEC (2) to the cereals listed in Annex I, in so far as these products may contain residues of pesticides listed in Annex II.  Article 2  1. For the purposes of this Directive, 'pesticide residues' means residues of the pesticides and of their metabolites, and breakdown or reaction products listed in Annex II, which are present in or on the products referred to in Article 1.  2. For the purposes of this Directive, 'putting into circulation' means any handing over, whether or not for a consideration, of the products referred to in Article 1.  Article 3  1. Member States shall ensure that the products referred to in Article 1 do not, from the time they are put into circulation, present a danger to human health as a result of the presence of pesticide residues.  2. Member States may not prohibit or impede the putting into circulation within their territories of the products referred to in Article 1 on the grounds that they contain pesticide residues, if the quantity of such residues does not exceed the maximum levels specified in Annex II.  Article 4  1. Member States shall prescribe that the products referred to in Article 1 may not contain, from the time they are put into circulation, levels of residues of pesticides greater than those specified in Annex II.  2. Member States shall take all necessary measures to ensure, at least by check sampling, compliance with  the maximum levels laid down in accordance with paragraph 1.  Article 5  1. In the case of the products referred to in Article 1, other than those imported from third countries or intended for other Member States, Member States may, by way of derogation from Article 4, continue to apply a system of monitoring already in force on their territory for the presence of pesticide residues together with any other measure in order to ensure that an effect equivalent to the levels of pesticide residues laid down in Annex II is obtained, and to assess the total dietary exposure of their population to these residues, whatever their source. Such measures shall include regular representative surveys of the levels of these pesticide residues in typical diets.  2. Member States shall inform the other Member  States and the Commission of any implementation of paragraph 1.  Article 6  Member States may authorize the presence in and on the products referred to in Article 1 of the pesticide residues listed in Part B of Annex II in greater quantities than those specified therein, provided that those products are not intended for immediate consumption and an appropriate control system ensures that they cannot be made available to the end user or to the consumer, if they are supplied directly to the latter, until the residues no longer exceed the maximum levels specified in Part B. They shall inform the other Member States and the Commission of the measures taken. These measures shall be applicable to all products covered thereby, irrespective of the origin of the products.  Article 7  Member States shall make a report to the Commisson before 1 August each year on the results of the official checks, the monitoring carried out and the other measures taken pursuant to Article 4 and, where appropriate Article 5, during the previous year.  Article 8  1. The methods of sampling and analysis necessary for carrying out the checks, monitoring and other measures provided for in Article 4 and, where appropriate, Article 5, shall be determined in accordance with the procedure laid down in Article 12. The existence of Community analysis methods, to be used in cases of dispute, shall not preclude the use by Member States of other scientifically valid methods capable of achieving comparable results.  2. Member States shall inform the other Member States and the Commission of the other methods used pursuant to paragraph 1.  Article 9  1. Where a Member State considers that a maximum level fixed in Annex II endangers human health, and therefore requires swift action to be taken, that Member State may temporarily reduce the level in its own territory. In that case, it shall immediately notify the other Member States and the Commission of the measures, attaching a statement of the reasons therefor.  2. If the situation envisaged in paragraph 1 arises, it shall be decided in accordance with the procedure laid down in Article 13 whether the maximum levels laid down in Annex II should be altered. Until such time as a decision is taken by the Council or the Commission in accordance with the abovementioned procedure, the Member State may maintain the measures which it has implemented.  Article 10  Without prejudice to Article 9, amendments to the maximum levels set in Annex II as a result of developments in scientific or technical knowledge shall be adopted by the Council acting by a qualified majority on a proposal from the Commission.  Article 11  The Council, acting unanimously on a proposal from the Commission, shall adopt, by means of Directives, any new list of products or any new list of pesticide residues in and on the products referred to in Article 1, and their maximum values.  Article 12  1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Committee on Plant Health, hereinafter referred to as the 'Committee', by its chairman, either on his own initiative or at the request of a Member State.  2. Within the Committee, the votes of the Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be taken. The Committee shall deliver its opinion on these measures within a time limit set by the chairman, having regard to the urgency of the matters to be examined. Opinions shall be delivered by a majority of 54 votes.  4. Where the measures are in accordance with the opinion of the Committee, the Commission shall adopt them and shall implement them forthwith. Where the measures are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall immediately submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If, within three months following the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures except where the Council has voted by a simple majority againt the said measures.  Article 13  1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Committee by its chairman, either on his own initiative or at the request of a Member State.  2. Within the Committee, the votes of Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be taken. The Committee shall deliver its opinion on these measures within two days. Opinions shall be delivered by a majority of 54 votes. 4. Where the measures are in accordance with the opinion of the Committee, the Commission shall adopt them and shall implement them forthwith. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall immediately submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If, within 15 days of the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures except where the Council has voted by a simple majority against the said measures.  Article 14  This Directive shall not apply to the products referred to in Article 1 where it can be established at least by appropriate evidence that they are intended for:  (a) export to third countries;  (b) the manufacture of products other than foodstuffs;  (c) sowing.  Article 15  In order to improve upon the Community system introduced by this Directive, the Council, on the basis of a Commission report accompanied, if appropriate, by suitable proposals, shall re-examine this Directive by 30 June 1991 at the latest.  Article 16  Member States shall bring into force not later than 30 June 1988 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.  Article 17  This Directive is addressed to the Member States.  Done at Brussels, 24 July 1986.  For the Council  The President  A. CLARK  (1) OJ No C 56, 6. 3. 1980, p. 14.  (2) OJ No C 28, 9. 2. 1981, p. 64.  (3) OJ No C 300, 18. 11. 1980, p. 29.  (1) OJ No L 38, 11. 2. 1974, p. 31.  (2) OJ No L 212, 2. 8. 1986, p. 27.  ANNEX I  1.2 //  //  // CCT heading No  // Description  //  //  // ex 10.01   // Wheat   // 10.02   // Rye   // 10.03   // Barley  // 10.04   // Oats   // ex 10.05   // Maize   // ex 10.06  // Paddy rice   // ex 10.07   // Buckwheat, millet, grain sorghum, triticale and other cereals   //    //  ANNEX II  PART A  1.2 //  //  // Pesticide residues  // Maximum levels in mg/kg (ppm) 1.2.3 //  //  //  // 1. aldrin 2. dieldrin (HEOD)  // singly or combined, expressed as dieldrin (HEOD)   // 0,01 1.2 // 3. total inorganic bromide, expressed in Br ions   // 50   // 4. carbaryl   // 1 : rice 0,5 : other cereals   // 5. chlordane (sum of cis- and trans-isomers)   // 0,02   // 6. DDT (sum of DDT-, TDB- and DDE-isomers, expressed as DDT)   // 0,05   // 7. diazinon   // 0,05   // 8. 1,2-dibromethane (ethylene dibromide)   // 0,01 (1)   // 9. dichlorvos   // 2   // 10. endosulfan (sum of alpha- and beta-isomers and of endosulfan sulphate, expressed as endosulfan)   // 0,2 : maize 0,1 : other cereals   // 11. endrin   // 0,01   // 12. heptachlor (sum of heptachlor and heptachlor epoxide, expressed as heptachlor)  // 0,01   // 13. hexachlorobenzene (HCB)   // 0,01   // 14. hexachlorocyclohexane (HCH)   //   // 14.1. alpha-isomer 14.2. beta-isomer sum   // 0,02   // 14.3. gamma-isomer (lindane)  // 0,1 (2)   // 15. malathion (sum of malathion and malaoxon, expressed as malathion)   // 8   // 16. phosphamidon   // 0,05  // 17. pyrethrins (sum of pyrethrins I and II, cinerins I and II, jasmolins I and II)   // 3   // 18. trichlorfon   // 0,1  //    //  (1) During a transitional period expiring no later than 30 June 1991, Member States whose monitoring authorities are as yet unable to determine the residues at the set level of 0,01 mg/kg in a routine manner may use methods with determination limits not exceeding 0,05 mg/kg.  (2) As from 1 January 1990. PART B  1.2 //  //  // Pesticide residues  // Maximum levels in mg/kg (ppm)  //  //  // 1. bromomethane (methyl bromide)   // 0,1  // 2. carbon disulphide   // 0,1   // 3. carbon tetrachloride  // 0,1   // 4. hydrogen cyanide, cyanides expressed as hydrogen cyanide   // 15   // 5. hydrogen phosphide, phosphides expressed as hydrogen phosphide   // 0,1   //    //


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32002L0076

Commission Directive 2002/76/EC of 6 September 2002 amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (metsulfuron methyl) in and on cereals and certain products of plant origin, including fruit and vegetables (Text with EEA relevance)

Official Journal L 240 , 07/09/2002 P. 0045 - 0050

Commission Directive 2002/76/ECof 6 September 2002amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (metsulfuron methyl) in and on cereals and certain products of plant origin, including fruit and vegetables(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), as last amended by Commission Directive 2002/71/EC(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), as last amended by Directive 2002/71/EC, 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(4), as last amended by Commission Directive 2002/64/EC(5), and in particular Article 4(1)(f) thereof,Whereas:(1) The existing active substance metsulfuron methyl, was included in Annex I to Directive 91/414/EEC by Commission Directives 2000/49/EC(6), for use as herbicides, but without specifying particular conditions having an impact on crops which may be treated with plant protection products containing this active substance.(2) The inclusion in Annex I to Directive 91/414/EEC of the active substance concerned was based on the assessment of the information submitted concerning the proposed use. Information relating to this use has been submitted by certain Member States in accordance with Article 4(1)(f) of Directive 91/414/EEC. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed.(3) Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing this active substance may be authorised.(4) With respect to the inclusion in Annex I to Directive 91/414/EEC of the active substance concerned, the related technical and scientific evaluations were finalised in the form of Commission review report. The report was finalised on 16 June 2000. The report fixed the Acceptable Daily Intake (ADI) for metsulfuron methyl at 0,22 mg/kg bw/day. The lifetime exposure of consumers of food products treated with the active substance concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation(7) and the opinion of the Scientific Committee for Plants(8) on the methodology employed. It is concluded that MRLs proposed will not lead to those ADIs being exceeded. No acute toxic effects requiring the setting of an Acute Reference Dose were noted during the evaluation and discussion preceding the inclusion of metsulfuron methyl in Annex I to Directive 91/414/EEC.(5) In order to ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it is prudent to set provisional MRLs at the lower limit of analytical determination for all such products covered by Directives 86/362/EEC and 90/642/EEC.(6) The setting at Community level of such provisional MRLs does not prevent the Member States from establishing provisional maximum residue levels for metsulfuron methyl 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 the active substance concerned. The provisional MRL should then become definitive.(7) The Annexes to Directives 86/362/EEC and 90/642/EEC should therefore be amended accordingly.(8) The Commission notified this Directive in draft form to the World Trade Organisation and the comments received have been considered in finalising the Directive. The possibility of fixing import tolerance MRLs for specific pesticide/crop combinations will be examined by the Commission on the basis of the acceptable data submitted.(9) This Directive is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1The following maximum pesticide residue level is added to Part A of Annex II to Directive 86/362/EEC: ""Article 2The maximum pesticide residue levels for metsulfuron methyl as shown in the Annex to this Directive are added to Annex II to Directive 90/642/EEC.Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2002 at the latest. They shall forthwith inform the Commission thereof.They shall apply these provisions with effect from 1 January 2003.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 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 6 September 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 225, 22.8.2002, p. 21.(3) OJ L 350, 14.12.1990, p. 71.(4) OJ L 230, 19.8.1991, p. 1.(5) OJ L 189, 18.7.2002, p. 27.(6) OJ L 197, 3.8.2000, p. 32.(7) 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).(8) Opinion of the Scientific Committee on Plants regarding questions relating to amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/food/fs/sc/index_en.html).(9) indicates lower limit of analytical determination.(10) indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 4 years from date of coming into force of the Directive introducing this amendment.ANNEX">TABLE>"