Commission Directive 2002/63/EC
of 11 July 2002
establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables(1), as last amended by Commission Directive 2002/57/EC(2), and in particular Article 6 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 Commission Directive 2002/42/EC(4), and in particular Article 8 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 products of animal origin(5), as last amended by Directive 2002/42/EC, and in particular Article 8 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(6), as last amended by Directive 2002/42/EC, and in particular Article 6 thereof,
Whereas:
(1) Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC provide for official checks and controls to ensure compliance with maximum levels for pesticide residues in and on products of plant and animal origin. They also provide that Community methods of sampling may be established by the Commission.
(2) Methods of sampling for pesticides residues in fruit and vegetables were laid down by Commission Directive 79/700/EEC of 24 July 1979 establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables(7).
(3) It is appropriate to update these methods to reflect technical progress and to establish methods of sampling for pesticides residues in products of animal origin as well as in other products of plant origin.
(4) Methods of sampling for the determination of pesticides residues for compliance with maximum residue levels (MRLs) were developed and agreed by the Codex Alimentarius Commission(8). The Community supported and endorsed the recommended methods. It is appropriate to replace the existing sampling provisions with those developed and agreed by the Codex Alimentarius Commission.
(5) Directive 79/700/EEC should therefore be repealed and replaced by this Directive.
(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 1
The provisions laid down in this Directive apply to the sampling of products of plant and animal origin in order to determine the level of pesticide residues for the purposes of Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC and do not affect the sampling strategy, sampling levels and frequency as specified in Annexes III and IV to Council Directive 96/23/EC(9) on measures to monitor certain substances and residues thereof in live animals and animal products.
Article 2
Member States shall require that sampling for the checks provided for in Article 6 of Directive 76/895/EEC, in Article 8 of Directive 86/362/EEC, in Article 8 of Directive 86/363/EEC and in Article 6 of Directive 90/642/EEC be carried out in accordance with the methods described in the Annex to this Directive.
Article 3
Directive 79/700/EEC is repealed.
References to the repealed Directive shall be construed as references to this Directive.
Article 4
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2003. They shall forthwith inform the Commission thereof.
2. When Member States adopt these 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 5
This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
Done at Brussels, 11 July 2002.