COMMISSION IMPLEMENTING REGULATION (EU) No 400/2014
of 22 April 2014
concerning a coordinated multiannual control programme of the Union for 2015, 2016 and 2017 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin
(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), in particular Article 29(2) thereof,
Whereas:
(1)
By Commission Regulation (EC) No 1213/2008 (2) a first coordinated multiannual Community programme, covering the years 2009, 2010 and 2011, was established. That programme continued under consecutive Commission Regulations. The latest one was Commission Regulation (EU) No 788/2012 (3).
(2)
Thirty to forty foodstuffs constitute the major components of the diet in the Union. Since pesticide uses show significant changes over a period of three years, pesticides should be monitored in those foodstuffs over a series of three-year cycles to allow consumer exposure and the application of Union legislation to be assessed.
(3)
On the basis of a binomial probability distribution, it can be calculated that examination of 654 samples allows, with a certainty of more than 99 %, the detection of a sample containing pesticide residues above the limit of determination (LOD), provided that not less than 1 % of the products contain residues above that limit (4). Collection of these samples should be apportioned among Member States according to population numbers, with a minimum of 12 samples per product and per year.
(4)
Analytical results from the previous official control programmes of the Union have been taken into account to ensure that the range of pesticides covered by the control programme is representative for the pesticides used.
(5)
Guidance concerning ‘Analytical quality control and validation procedures for pesticide residues analysis in food and feed’ is published on the Commission website (5).
(6)
Where the residue definition of a pesticide includes other active substances, metabolites, breakdown or reaction products, those compounds should be reported separately as far as they are measured individually.
(7)
Implementing measures, such as the Standard Sample Description (SSD) (6) (7) for submitting results of pesticide residues analysis, relating to the submission of information by Member States have been agreed by Member States, Commission and the European Food Safety Authority.
(8)
For the sampling procedures Commission Directive 2002/63/EC (8) which incorporates the sampling methods and procedures recommended by the Codex Alimentarius Commission should apply.
(9)
It is necessary to assess whether maximum residue levels for baby food provided for in Article 10 of Commission Directive 2006/141/EC on infant formulae and follow-on formulae (9) and Article 7 of Commission Directive 2006/125/EC on processed cereal-based foods and baby foods for infants and young children (10) are respected, taking into account only the residue definitions as they are set out in Regulation (EC) No 396/2005.
(10)
As regards single residue methods, Member States may be able to meet their obligations of analysis by having recourse to official laboratories already having the validated methods required.
(11)
Member States should submit by 31 August of each year the information concerning the previous calendar year.
(12)
In order to avoid any confusion due to an overlap between consecutive multiannual programmes, Regulation (EU) No 788/2012, should be repealed in the interest of legal certainty. It should, however, continue to apply to samples taken in 2013 and 2014.
(13)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Member States shall, during the years 2015, 2016 and 2017 take and analyse samples for the pesticide/product combinations, as set out in Annex I.
The number of samples of each product, including foods for infants and small children and products originating from organic farming shall be as set out in Annex II.
Article 2
1. The lot to be sampled shall be chosen randomly.
The sampling procedure, including the number of units, shall comply with Directive 2002/63/EC.
2. All samples, including those of foods intended for infants and small children, shall be analysed for the pesticides set out in Annex I in accordance with the residue definitions set out in Regulation (EC) No 396/2005.
3. For foods intended for infants and young children, samples shall be evaluated on the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers, taking into account the MRLs set out in Directives 2006/125/EC and 2006/141/EC. Where such foods can be consumed both as sold and as reconstituted, the results shall be reported on the non-reconstituted product as sold.
Article 3
Member States shall submit the results of the analysis of samples tested in 2015, 2016 and 2017 by 31 August 2016, 2017 and 2018 respectively. Those results shall be submitted in accordance with the Standard Sample Description (SSD).
Where the residue definition of a pesticide includes more than one compound (active substance, metabolite and/or breakdown or reaction product), Member States shall report the analysis results in accordance with the full residue definition. In addition, the results of all analytes that are part of the residue definition shall be submitted separately, as far as they are measured individually.
Article 4
Regulation (EU) No 788/2012 is repealed.
However, it shall continue to apply to samples tested in 2013 and 2014.
Article 5
This Regulation shall enter into force on 1 January 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2014.