Official Journal of the European Union

Transcription

1 L 13/8 COMMISSION REGULATION (EU) 2018/73 of 16 January 2018 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for mercury compounds in or on certain products (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC ( 1 ), and in particular Article 14(1)(a) and Article 16(1)(a) thereof, Whereas: (1) For mercury compounds, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. (2) Council Directive 79/117/EEC prohibited the placing on the market and use of plant protection products containing mercury compounds. All authorisations of plant protection products containing mercury compounds were revoked and consequently all MRLs were set at the relevant limit of determination (LOD). (3) The Commission received information from food business operators and Member States showing the presence of mercury compounds in several products leading to higher residues than the LOD laid down in Regulation (EC) No 396/2005. (4) Recent monitoring data confirms that residues of mercury compounds occur in several products at levels higher than the LOD. Taking into account the 95th percentile of all the sample results, the following occurrences were reported: tree nuts at 0,02 mg/kg; fresh herbs at 0,03 mg/kg; cultivated fungi at 0,05 mg/kg; wild fungi at 0,50 mg/kg, except for ceps at 0,90 mg/kg; oilseeds at 0,02 mg/kg; teas, coffee beans, herbal infusions and cocoa beans at 0,02 mg/kg; spices at 0,02 mg/kg, except ginger, nutmeg, mace and turmeric at 0,05 mg/kg; meat at 0,01 mg/kg, except for meat of wild game animals at 0,015 mg/kg and duck meat (farmed and wild) at 0,04 mg/kg; animal fat at 0,01 mg/kg; edible offal at 0,02 mg/kg except for offal of wild game animals at 0,025 mg/kg and offal of wild boar at 0,10 mg/kg; milk at 0,01 mg/kg; and honey at 0,01 mg/kg. (5) As mercury containing pesticides have been phased out since more than thirty years in the Union, the presence of mercury in food can be considered due to environmental contamination. It is therefore appropriate to replace the default values with the ones listed in recital 4, thus reflecting environmental background of mercury in Regulation (EC) No 396/2005. This will enable national competent authorities to take appropriate enforcement action on the basis of realistic MRLs. (6) The Scientific Panel on contaminants in the Food Chain (CONTAM Panel) of the European Food Safety Authority, hereinafter the Authority, adopted an opinion on mercury and methylmercury in food ( 2 ). (7) As mercury compounds occur at low levels in the products listed in recital 4 and taking into account the available consumption data within the Union, the overall contribution to the dietary exposure is considered low and there is no health risk for consumers. The MRLs for those products should be set as temporary in Annex III to Regulation (EC) No 396/2005. Those MRLs will be reviewed; the review will take into account the information available within 10 years from the publication of this Regulation. ( 1 ) OJ L 70, , p. 1. ( 2 ) EFSA Panel on Contaminants in the Food Chain (CONTAM); Scientific Opinion on the risk for public health related to the presence of mercury and methylmercury in food. EFSA Journal 2012;10(12):2985. [241 pp.].

2 L 13/9 (8) The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt the LODs. Those laboratories concluded that the current LODs should be maintained. (9) Based on the opinion of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. (10) Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. (11) Regulation (EC) No 396/2005 should therefore be amended accordingly. (12) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, HAS ADOPTED THIS REGULATION: Article 1 Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 January For the Commission The President Jean-Claude JUNCKER

3 L 13/10 ANNEX Annexes II and III to Regulation (EC) No 396/2005 are amended as follows: (1) In Annex II, the column for mercury compounds is deleted. (2) Annex III is amended as follows: (a) In Part A, the column for mercury compounds is added: Pesticide residues and maximum residue levels (mg/kg) Code number Groups and examples of individual products to which the MRLs apply ( a ) Mercury compounds (sum of mercury compounds expressed as mercury) FRUITS, FRESH or FROZ; TREE NUTS Citrus fruits 0,01 (*) Grapefruits Oranges Lemons Limes Mandarins Others Tree nuts 0,02 (+) Almonds Brazil nuts Cashew nuts Chestnuts Coconuts Hazelnuts/cobnuts Macadamias Pecans Pine nut kernels Pistachios Walnuts Others Pome fruits 0,01 (*) Apples Pears Quinces Medlars Loquats/Japanese medlars Others

4 L 13/ Stone fruits 0,01 (*) Apricots Cherries (sweet) Peaches Plums Others Berries and small fruits 0,01 (*) (a) grapes Table grapes Wine grapes (b) strawberries (c) cane fruits Blackberries Dewberries Raspberries (red and yellow) Others (d) other small fruits and berries Blueberries Cranberries Currants (black, red and white) Gooseberries (green, red and yellow) Rose hips Mulberries (black and white) Azaroles/Mediterranean medlars Elderberries Others Miscellaneous fruits with 0,01 (*) (a) edible peel Dates Figs Table olives Kumquats Carambolas Kaki/Japanese persimmons Jambuls/jambolans Others (b) inedible peel, small Kiwi fruits (green, red, yellow) Litchis/lychees Passionfruits/maracujas Prickly pears/cactus fruits

5 L 13/ Star apples/cainitos American persimmons/virginia kaki Others (c) inedible peel, large Avocados Bananas Mangoes Papayas Granate apples/pomegranates Cherimoyas Guavas Pineapples Breadfruits Durians Soursops/guanabanas Others VEGETABLES, FRESH or FROZ Root and tuber vegetables 0,01 (*) (a) potatoes (b) tropical root and tuber vegetables Cassava roots/manioc Sweet potatoes Yams Arrowroots Others (c) other root and tuber vegetables except sugar beets Beetroots Carrots Celeriacs/turnip rooted celeries Horseradishes Jerusalem artichokes Parsnips Parsley roots/hamburg roots parsley Radishes Salsifies Swedes/rutabagas Turnips Others Bulb vegetables 0,01 (*) Garlic Onions Shallots Spring onions/green onions and Welsh onions Others

6 L 13/ Fruiting vegetables 0,01 (*) (a) solanacea Tomatoes Sweet peppers/bell peppers Aubergines/eggplants Okra/lady's fingers Others (b) cucurbits with edible peel Cucumbers Gherkins Courgettes Others (c) cucurbits with inedible peel Melons Pumpkins Watermelons Others (d) sweet corn (e) other fruiting vegetables Brassica vegetables (excluding brassica roots and brassica baby leaf crops) 0,01 (*) (a) flowering brassica Broccoli Cauliflowers Others (b) head brassica Brussels sprouts Head cabbages Others (c) leafy brassica Chinese cabbages/pe-tsai Kales Others (d) kohlrabies Leaf vegetables, herbs and edible flowers (a) lettuces and salad plants 0,01 (*) Lamb's lettuces/corn salads Lettuces Escaroles/broad-leaved endives Cresses and other sprouts and shoots Land cresses

7 L 13/ Roman rocket/rucola Red mustards Baby leaf crops (including brassica species) Others (b) spinaches and similar leaves 0,01 (*) Spinaches Purslanes Chards/beet leaves Others (c) grape leaves and similar species 0,01 (*) (d) watercresses 0,01 (*) (e) witloofs/belgian endives 0,01 (*) (f) herbs and edible flowers 0,03 (+) Chervil Chives Celery leaves Parsley Sage Rosemary Thyme Basil and edible flowers Laurel/bay leave Tarragon Others Legume vegetables 0,01 (*) Beans (with pods) Beans (without pods) Peas (with pods) Peas (without pods) Lentils Others Stem vegetables 0,01 (*) Asparagus Cardoons Celeries Florence fennels Globe artichokes Leeks Rhubarbs Bamboo shoots Palm hearts Others

8 L 13/ Fungi, mosses and lichens Cultivated fungi 0,05 (+) Wild fungi 0,5 (+) Mosses and lichens 0,01 (*) Algae and prokaryotes organisms 0,01 (*) PULSES 0,01 (*) Beans Lentils Peas Lupins/lupini beans Others OILSEEDS AND OIL FRUITS Oilseeds 0,02 (+) Linseeds Peanuts/groundnuts Poppy seeds Sesame seeds Sunflower seeds Rapeseeds/canola seeds Soyabeans Mustard seeds Cotton seeds Pumpkin seeds Safflower seeds Borage seeds Gold of pleasure seeds Hemp seeds Castor beans Others Oil fruits Olives for oil production 0,01 (*) Oil palms kernels 0,02 (*) Oil palms fruits 0,02 (*) Kapok 0,02 (*) Others 0,02 (*) CEREALS 0,01 (*) Barley Buckwheat and other pseudo-cereals Maize/corn Common millet/proso millet Oat Rice Rye

9 L 13/ Sorghum Wheat Others TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS Teas 0,02 (+) Coffee beans 0,02 (+) Herbal infusions from 0,02 (+) (a) flowers Chamomile Hibiscus/roselle Rose Jasmine Lime/linden Others (b) leaves and herbs Strawberry Rooibos Mate/maté Others (c) roots Valerian Ginseng Others (d) any other parts of the plant Cocoa beans 0,02 (+) Carobs/Saint John's breads 0,02 (*) HOPS 0,02 (*) SPICES (+) Seed spices Anise/aniseed 0, Black caraway/black cumin 0, Celery 0, Coriander 0, Cumin 0, Dill 0, Fennel 0, Fenugreek 0, Nutmeg 0, Others 0,02

10 L 13/ Fruit spices 0, Allspice/pimento Sichuan pepper Caraway Cardamom Juniper berry Peppercorn (black, green and white) Vanilla Tamarind Others Bark spices 0, Cinnamon Others Root and rhizome spices Liquorice 0, Ginger 0, Turmeric/curcuma 0, Horseradish Others 0, Bud spices 0, Cloves Capers Others Flower pistil spices 0, Saffron Others Aril spices Mace 0, Others 0, SUGAR PLANTS 0,01 (*) Sugar beet roots Sugar canes Chicory roots Others PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS Tissues from (a) swine (+) Muscle 0, Fat tissue 0, Liver 0,02

11 L 13/ Kidney 0, Edible offals (other than liver and kidney) 0, Others 0,01 (*) (b) bovine (+) Muscle 0, Fat tissue 0, Liver 0, Kidney 0, Edible offals (other than liver and kidney) 0, Others 0,01 (*) (c) sheep (+) Muscle 0, Fat tissue 0, Liver 0, Kidney 0, Edible offals (other than liver and kidney) 0, Others 0,01 (*) (d) goat (+) Muscle 0, Fat tissue 0, Liver 0, Kidney 0, Edible offals (other than liver and kidney) 0, Others 0,01 (*) (e) equine (+) Muscle 0, Fat tissue 0, Liver 0, Kidney 0, Edible offals (other than liver and kidney) 0, Others 0,01 (*) (f) poultry Muscle 0,01 (+) Fat tissue 0,01 (+) Liver 0,02 (+) Kidney 0,02 (+) Edible offals (other than liver and kidney) 0,02 (+) Others 0,01 (*) (g) other farmed terrestrial animals (+) Muscle 0, Fat tissue 0, Liver 0,02

12 L 13/ Kidney 0, Edible offals (other than liver and kidney) 0, Others 0,01 (*) Milk 0,01 (+) Cattle Sheep Goat Horse Others Birds eggs 0,01 (*) Chicken Duck Geese Quail Others Honey and other apiculture products 0,01 (+) Amphibians and Reptiles 0,01 (*) Terrestrial invertebrate animals 0,01 (*) Wild terrestrial vertebrate animals 0,04 (+) (*) Limit of analytical determination ( a ) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I. (F) = Fat soluble Mercury compounds (sum of mercury compounds expressed as mercury) (+) Monitoring data show that residues occur due to environmental contamination. When re-viewing the MRL, the Commission will take into account the information available within 10 years from the date of publication Tree nuts (f) herbs and edible flowers Cultivated fungi (+) The following MRL applies to ceps: 0,9 mg/kg. Monitoring data show that residues occur due to environmental contamination. When re-viewing the MRL, the Commission will take into account the information available within 10 years from the date of publication Wild fungi (+) Monitoring data show that residues occur due to environmental contamination. When re-viewing the MRL, the Commission will take into account the information available within 10 years from the date of publication Oilseeds Teas Coffee beans Herbal infusions from Cocoa beans SPICES (+) The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/ Horseradish

13 L 13/20 (+) Monitoring data show that residues occur due to environmental contamination. When re-viewing the MRL, the Commission will take into account the information available within 10 years from the date of publication (a) Tissues from swine (b) Tissues from bovine (c) Tissues from sheep (d) Tissues from goat (e) Tissues from equine (+) The following MRL applies to duck meat: 0,04 mg/kg. Monitoring data show that residues occur due to environmental contamination. When re-viewing the MRL, the Commission will take into account the information available within 10 years from the date of publication Muscle (poultry) (+) Monitoring data show that residues occur due to environmental contamination. When re-viewing the MRL, the Commission will take into account the information available within 10 years from the date of publication Fat tissue (poultry) Liver (poultry) Kidney (poultry) Edible offals (poultry) (g) Tissues from other farmed terrestrial animals Milk Honey and other apiculture products (+) The following MRL applies to offal of wild boar: 0,1 mg/kg. Monitoring data show that residues occur due to environmental contamination. When re-viewing the MRL, the Commission will take into account the information available within 10 years from the date of publication Wild terrestrial vertebrate animals (b) In Part B, the column for mercury compounds is deleted.