1986L0362 — EN — 01.08.1997 — 008.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 24July 1986
on the fixing of maximum levels for pesticide residues in and on cereals
(86/362/EEC)
(OJ L 221, 7.8.1986, p. 37)
Amended by:
Official Journal
No page date
►M1Council Directive 88/298/EEC of 16 May 1988 L 126 53 20.5.1988
►M2Council Directive 90/654/EEC of 4 December 1990 L 353 48 17.12.1990
►M3Council Directive 93/57/EEC of 29 June 1993 L 211 1 23.8.1993
►M4Council Directive 94/29/EC of 23 June 1994 L 189 67 23.7.1994
►M5Council Directive 95/39/EC of 17 July 1995 L 197 29 22.8.1995
►M6Council Directive 96/33/EC of 21 May 1996 L 144 35 18.6.1996
►M7Council Directive 97/41/EC of 25 June 1997 L 184 33 12.7.1997
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCIL DIRECTIVE
of 24July 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 theCommunity;
Whereas, for this reason, in an initial stage, maximum levels should be
fixed for certain active substances in cereals, which must be observedwhen 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 isproperly protected;
Whereas at the same time the Member States should be enabled to
authorize the monitoring of levels of pesticide residues in cerealsproduced and consumed in their territory by a system of surveillance andrelated measures so as to provide safeguards equivalent to thoseresulting 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, notintended for immediate consumption, higher maximum levels than those1986L0362 — EN — 01.08.1997 — 008.001 — 2
(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.
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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 untilthe 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 oranimal health;
Whereas it is appropriate in that case to establish close cooperation
between the Member States and the Commission within the StandingCommittee on Plant Health;
Whereas, in order to guarantee compliance with this Directive when the
products in question are put into circulation, the Member States mustprovide 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 involvingclose cooperation between the Member States and the Commissionwithin 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 enableinformation 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
1. This Directive shall apply to the products listed in Annex I, to the
products obtained from them after drying or processing and to thecomposite foods in which they are included, in so far as they maycontain pesticide residues.
2. This Directive shall apply without prejudice to:
(a) Council Directive 74/63/EEC of 17 December 1973 on the fixing of
maximum permitted levels for undesirable substances and productsin feedingstuffs(
1);
(b) Council Directive 76/895/EEC of 23 November 1976 relating to the
fixing of maximum levels for pesticide residues in and on fruit andvegetables(
2);
(c) Council Directive 90/642/EEC of 27 November 1990 on fixing of
maximum levels for pesticide residues in and on certain products ofplant origin, including fruit and vegetables(
3);1986L0362 — EN — 01.08.1997 — 008.001 — 3
(1) OJ No L 38, 11. 2. 1974, p. 31. Directive as last amended by Directive 96/25/
EC (OJ No L 125, 23. 5. 1996, p. 35).
(2) OJ No L 340, 9. 12. 1976, p. 26. Directive as last amended by Directive 96/
32/EC (OJ L 144, 18. 6. 1996, p. 12).
(3) OJ No L 350, 14. 12. 1990, p. 71. Directive as last amended by Directive 96/
32/EC (OJ No L 144, 18. 6. 1996, p. 12).▼M7
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(d) Commission Directive 91/321/EEC of 14 May 1991 on infant
formulae and follow-on formulae(1) and Commission Directive 96/
5/EC of 16 February 1996 on processed cereal-based foods and baby
foods for infants and young children(2). However, until maximum
levels have been established in accordance with Article 6 ofDirective 91/321/EEC or Article 6 of Directive 96/5/EC theprovisions of Article 5a (1) and (3) to (6) of this Directive shallapply for the products concerned.
3. This Directive shall also apply to products referred to in paragraph
1 intended for export to third countries. However, maximum pesticideresidue levels set in accordance with this Directive shall not apply in the
case of products treated before export where it can be satisfactorily
proved that:
(a) the third country of destination requires a particular treatment in
order to prevent the introduction of harmful organisms into itsterritory; or
(b) the treatment is necessary in order to protect the products against
harmful organisms during transport to the third country ofdestination and storage there.
4. This Directive shall not apply to the products referred to in
paragraph 1 where it can satisfactorily be proved that they are intended
for:
(a) the manufacture of products other than foodstuffs or animal feed; or
(b) sowing or planting.
Article 2
1. For the purposes of this Directive, ‘pesticide residues’ means
residues of the pesticides and of their metabolites, and breakdown orreaction products ►
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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 productsreferred 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 tohuman 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 1on the grounds that they contain pesticide residues, if the quantity ofsuch residues does not exceed the maximum levels specified in AnnexII.
Article 4
1. Notwithstanding Article 6, the products referred to in Article 1
shall not contain, from the time they are put into circulation, pesticideresidue levels higher than those specified in the list referred to in AnnexII.
The list of pesticide residues concerned and their maximum levels shall
be established in Annex II in accordance with the procedure laid downin Article 12, having regard to current scientific and technicalknowledge.1986L0362 — EN — 01.08.1997 — 008.001 — 4
(1) OJ No L 175, 4. 7. 1991, p. 35. Directive as last amended by Directive 96/4/
EC (OJ No L 49, 28. 2. 1996, p. 12).
(2) OJ No L 49, 28. 2. 1996, p. 17.▼B
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2. In the case of dried and processed products for which maximum
levels are not explicitly fixed in Annex II, the maximum residue levelapplicable shall be that laid down in Annex II, taking into account,
respectively, the concentration caused by the drying process or the
concentration or dilution caused by processing. A concentration ordilution factor covering the concentration and/or dilution caused bycertain drying or processing operations may be determined for certaindried or processed products in accordance with the procedure laid down
in Article 12.
3. In the case of composite foods which contain a mixture of
ingredients and for which maximum residue levels are not fixed, the
maximum residue levels applied may not exceed the levels laid down inAnnex II, taking into account the relative concentrations of theingredients in the mixture and also the provisions of paragraph 2.
4. Member States shall ensure, at least by check sampling,
compliance with the maximum levels referred to in paragraph 1. Thenecessary inspections and monitoring shall be carried out in accordance
with Council Directive 89/397/EEC of 14 June 1989 on the official
control of foodstuffs(
1), except for Article 14 thereof, and Council
Directive 93/99/EEC of 29 October 1993 on the subject of additionalmeasures concerning the official control of foodstuffs(
2), except for
Articles 5, 6 and 8 thereof.
Article 5
Where for a product belonging to a group referred to in Annex I, a
provisional maximum residue level applicable throughout the Commu-nity is set by the Commission in accordance with the provisions ofArticle 4 (1) (f) of Council Directive 91/414/EEC of 15 July 1991concerning the placing of plant protection products on the market(
3),
this level will be indicated in Annex II with a reference to that
procedure.
Article 5a
1. For the purposes of this Article a Member State of origin shall be
defined as the Member State in whose territory a product specified in
Article 1 (1) is either legally produced and marketed or put into freecirculation, and a Member State of destination as the Member State intowhose territory such product is introduced and put into circulation foroperations other than transit to another Member State or third country.
2. Member States shall introduce arrangements for establishing
maximum residue levels, whether permanent or temporary, for productsreferred to in Article 1 (1), brought into their territories from a Member
State of origin, taking into account good agricultural practice in the
Member State of origin, and without prejudice to conditions necessary toprotect the health of consumers, in cases where no maximum residuelevels have been established for these products in accordance with theprovisions of Articles 4 (1) or 5.
3. Where
— no maximum residue level has been established for a product
referred to in Article 1 (1) in accordance with Articles 4 (1) or 5, and
— that product, which satisfies the maximum residue levels applied by
its Member State of origin, has been subjected in the Member State
of destination to measures whose effect is to prohibit or restrict its
putting into circulation, on the grounds that the product containspesticide residue levels in excess of the maximum residue levelaccepted in the Member State of destination, and
— either the Member State of destination has introduced new maximum
residue levels or has altered the levels laid down in its legislation, or1986L0362 — EN — 01.08.1997 — 008.001 — 5
(1) OJ No L 186, 30. 6. 1989, p. 23.
(2) OJ No L 290, 24. 11. 1993, p. 14.
(3) OJ No L 230, 19. 8. 1991, p. 1. Directive as last amended by Directive 96/32/
EC (OJ No L 144, 18. 6. 1996, p. 12).
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it has made changes to its controls which are disproportionate and/or
discriminatory compared with those for its domestic production, orthe maximum residue level applied by the Member State of
destination differs substantially from the corresponding levels
established by other Member States, or the maximum residue levelapplied by the Member State of destination represents a dispropor-tionate level of protection compared with the level of protectionapplied by the Member State to pesticides carrying a similar risk or
to similar agricultural products or foodstuffs,
the following exceptional provisions shall apply:
(a) the Member State of destination shall communicate the measures
adopted to the other Member State concerned and the Commissionwithin 20 days of their application. The notification shall documentthe facts involved;
(b) on the basis of the notification referred to in (a), the two Member
States concerned shall contact each other without delay in order to
remove, whenever possible, the prohibitive or restrictive effect ofthe measures adopted by the Member State of destination by meansof measures agreed between them; the Member States shall submitall the requisite information to each other.
Within a period of three months of the notification referred to in (a),
the Member States concerned shall inform the Commission of the
result of such contacts and in particular the measures they intend toapply, if any, including the maximum residue level they haveagreed. The Member State of origin shall inform the other MemberStates of the result of such contacts;
(c) the Commission shall immediately refer the matter to the Standing
Committee on Plant Health and, if possible, submit a proposal aimed
at establishing in Annex II a temporary maximum residue level,
which shall be adopted in accordance with the procedure laid downin Article 12.
In its proposal, the Commission shall take account of existing
technical and scientific knowledge on the matter and in particulardata submitted by the Member States with an interest, especially the
toxicological assessment and estimated ADI, good agricultural
practice and the trial data which the Member State of origin used toestablish the maximum residue level, together with the reasons givenby the Member State of destination for deciding on the measures inquestion.
The period of validity of the temporary maximum level shall be laid
down in the legal act adopted and may not exceed four years. That
period may be linked to the supply, by the Member State of originand/or other Member States with an interest, of the trial datarequired by the Commission in order to set the maximum residuelevel in accordance with Article 4 (1). At their request, theCommission and the Member States shall be kept informed
regarding the programme of trials established.
4. Any measure provided for in paragraphs 2 or 3 shall be taken by a
Member State with due regard for its obligations under the Treaty, in
particular Articles 30 to 36 thereof.
5. Council Directive 83/189/EEC of 28 March 1983 laying down a
procedure for the provision of information in the field of technical
standards and regulations(
1) shall not apply to measures adopted and
notified by Member States in accordance with paragraph 3 of thisArticle.
6. Detailed measures for the implementation of the procedure set out
in this Article may be adopted in accordance with the procedure laiddown in Article 11a.1986L0362 — EN — 01.08.1997 — 008.001 — 6
(1) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Decision 96/
139/EC (OJ No L 32, 10. 2. 1996, p. 31).
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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 AnnexII in greater quantities than those specified therein, provided that thoseproducts 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, untilthe residues no longer exceed the maximum levels specified in Part B.They shall inform the other Member States and the Commission of themeasures taken. These measures shall be applicable to all products
covered thereby, irrespective of the origin of the products.
Article 7
1. Member States shall designate and authority to ensure that the
monitoring specified in Article 4 (4) is carried out.
2. (a) By 30 June each year, Member States shall send to the
Commission their forward national monitoring programmes forthe following calendar year. These forward programmes shall
specify at least:
— the products to be inspected and the number of inspections to
be carried out,
— the pesticide residues to be inspected,
— the criteria applied in drawing up these programmes.
(b) By 30 September each year, the Commission shall submit to the
Standing Committee on Plant Health a draft recommendation
setting out a coordinated Community monitoring programme
identifying the taking of specific samples to be included in thenational monitoring programmes. The recommendation shall beadopted in accordance with the procedure laid down in Article11b. The basicobjec tive of the Community monitoring
programme shall be to make optimum use at Community level
of the sampling of cereals included in the groups listed in AnnexI, produced in the Community or imported into it, when problemshave been identified, in order to ensure compliance with themaximum levels for pesticide residues set out in Annex II.
3. By 31 August each year, Member States shall send to the
Commission and the other Member States the results of the analyses ofthe samples taken during the previous year under their national
monitoring programmes and under the coordinated Community
monitoring programme. The Commission shall collate and compilethis information together with the results of the checks carried out inaccordance with Directives 86/363/EEC(
1) and 90/642/EEC and
analyse:
— infringements of the maximum residue levels, and
— the average actual levels of residues and their relative values with
respect to the maximum residue levels established.
The Commission should progressively work towards a system, when
preparing the coordinated monitoring programme, which could permitthe estimation of actual pesticide dietary exposure.
The Commission shall forward this information to the Member States in
the framework of the Standing Committee on Plant Health before 30
September for each year, for review and adoption of any necessary
measures such as:
— any action to be taken at Community level in the case of reported
infringements of the maximum levels,
— the desirability of publication of the collated and compiled
information.1986L0362 — EN — 01.08.1997 — 008.001 — 7
(1) OJ No L 221, 7. 8. 1986, p. 43. Directive as last amended by Directive 96/33/
EC (OJ No L 144, 18. 6. 1996, p. 35).▼M7
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4. The following may be adopted in accordance with the procedure
laid down in Article 11a:
(a) amendments to paragraphs 2 and 3 of this Article in so far as these
amendments concern the dates for notification;
(b) detailed implementing rules necessary for proper functioning of the
provisions of paragraphs 2 and 3.
5. Not later than 31 December 1999 the Commission shall forward to
the Council a report on the application of this Article, accompanied, ifnecessary, by any appropriate proposals.
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 theprocedure laid down in ►
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Community analysis methods, to be used in cases of dispute, shall not
preclude the use by Member States of other scientifically valid methodscapable 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, as a result of new information or of a
reassessment of existing information considers that a maximum level
fixed in Annex II endangers human or animal health, and thereforerequires swift action to be taken, that Member State may temporarilyreduce the level in its own territory. In that case, it shall immediatelynotify the other Member States and the Commission of the measures,
attaching a statement of the reasons therefor.
2. The Commission shall quickly examine the reasons given by the
Member State referred to in paragraph 1 and shall consult the MemberStates within the Standing Committee on Plant Health, hereinafter
referred to as ‘the committee’; it shall then deliver its opinion forthwith
and take the appropriate measures. The Commission shall immediatelynotify the Council and the Member States of any measures taken. AnyMember State may refer the Commission's measures to the Councilwithin 15 days of such notification. The Council acting by a qualified
majority may take a different decision within 15 days of the date on
which the matter was referred to it.
3. If the Commission considers that the maximum levels laid down in
Annex II should be amended to resolve the difficulties mentioned in
paragraph 1 and to guarantee publichealth protec tion, it shall initiate the
procedure laid down in Article 13, with a view to adopting thoseamendments. In this case, the Member State which has taken measuresunder paragraph 1 may maintain them until the Council or theCommission has taken a decision in accordance with the said procedure.
Article 10
Without prejudice to the amendments made to the Annexes in
accordance with Articles 5, 5a (3) and 9, amendments to the Annexes
shall be adopted in accordance with the procedure laid down in Article12, having regard to current scientific and technical knowledge. Inparticular, when establishing maximum residue levels, account shall betaken of a relevant dietary intake risk assessment and of the number andquality of the data available.1986L0362 — EN — 01.08.1997 — 008.001 — 8
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Article 11a
The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representativeof the Commission.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft within a time limit which the chairman may laydown according to the urgency of the matter. The opinion shall bedelivered by the majority laid down in Article 148 (2) of the Treaty in
the case of Decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the representatives of theMember States within the Committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, withoutdelay, submit to the Council a proposal relating to the measures to betaken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to
the Council, the Council has not acted, the proposed measures shall be
adopted by the Commission.
Article 11b
The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representativeof the Commission.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft within a time limit which the Chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of Decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the manner set
out in that Article. The chairman shall not vote.
The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, without
delay, submit to the Council a proposal relating to the measures to be
taken. The Council shall act by a qualified majority.
If, on the expiry of a period of 15 days from the date of referral to the
Council, the Council has not acted, the proposed measures shall beadopted by the Commission.
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. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on a1986L0362 — EN — 01.08.1997 — 008.001 — 9
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proposal from the Commission. The votes of the representatives of the
Member States within the committee shall be weighted in the manner setout in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
4. If the measures envisaged are not in accordance withe the opinion
of the committee, or if no opinion is delivered, the Commission shall,
without delay, submit to the Council a proposal relating to the measuresto be taken. The Council shall act by a qualified majority.
5. If, on the expiry of a period of three months from the date of
referral to the Council, the Council has not acted, the proposed measures
shall be adopted by the Commission, save where the Council hasdecided against the measures by a simple majority.
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 itschairman, either on his own initiative or at the request of a Member
State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion within two days. The opinion shall be delivered bythe majority laid down in Article 148 (2) of the Treaty in the case ofdecisions which the Council is required to adopt on a proposal from theCommission. The votes of the representatives of the Member States
within the Committee shall be weighted in the manner set out in that
Article. The Chairman shall not vote.
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A13.◄Where the measures are in accordance with the opinion
of the Committee, the Commission shall adopt them and shallimplement them forthwith. Where they are not in accordance with theopinion of the Committee or if no opinion is delivered, the Commissionshall 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 theproposed measures except where the Council has voted by a simple
majority against the said measures.
Article 14
Member States shall bring into force the laws, regulations and
administrative provisions necessary to ensure that the amendments inAnnex II resulting from decisions referred to in Articles 4 (1) and (2), 5,5a (3), 9 (3) and 10 can be implemented in their territory within amaximum period of eight months from their adoption, and within a
shorter implementation period when required for urgent reasons of
human health protection.
In order to safeguard legitimate expectations, Community legal
implementing acts may provide for transitional periods for the
implementation of certain maximum residue levels allowing the normal
marketing of the harvested products.
Article 15
In order to improve upon the Community system introduced by this
Directive, the Council, on the basis of a Commission reportaccompanied, if appropriate, by suitable proposals, shall re-examinethis Directive by 30 June 1991 at the latest.1986L0362 — EN — 01.08.1997 — 008.001 — 10
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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 governedby this Directive.
However, the Federal Republicof Germany is hereby authorized to
place on the market in the territory of the former German DemocraticRepublic, until 31 December 1992 at the latest, Annex I products whose
hydrogen cyanide level exceeds that fixed in Annex II; this derogation
shall apply only to products originating in the territory of the formerGerman Democratic Republic.
The permitted levels may under no circumstances exceed those
applicable under the legislation of the former German DemocraticRepublic.
The Federal Republicof Germany shall ensure that the produc ts in
question are not introduced into parts of the Community other than the
territory of the former German Democratic Republic.
Article 17
This Directive is addressed to the Member States.1986L0362 — EN — 01.08.1997 — 008.001 — 11
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ANNEX I
CN code Description
ex 1001 Wheat
1002 00 00 Rye
1003 00 Barley
1004 00 Oats
1005 Maize
1006 Rice
1007 00 Grain sorghum
ex 1008 Buckwheat, millet, other cereals1986L0362 — EN — 01.08.1997 — 008.001 — 12
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ANNEX II
PART A
Pesticide residues Maximum levels in mg/kg (ppm)
1. aldrin/C148/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C150singly or combined, expressed
as dieldrin (HEOD) 2. dieldrin (HEOD) 0,01
3. total inorganicbromide, expressed in Br ions 504. carbaryl 1: rice
0,5: other cereals
5. chlordane (sum of cis- and trans-isomers) 0,026. 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/C148/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C150sum0,02
14.2. beta-isomer
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 0,119. captafol 0,0520. ACEPHATE 0,02 (*)
21. BENOMYL /C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150sum expressed as carbendazim(a): barley
0,1 (*): other cereals22. CARBENDAZIM
23. THIOPHANATE-
METHYL
24. CHLORPYRIFOS (b): barley
0,05 (*): other cereals
25. CHLORPYRIFOS-METHYL 0,05 (*): rice
26. CHLORTHALONIL 0,1: wheat, rye, barley,
oats and triticale
0,01 (*): other cereals
27. CYPERMETHRIN, including other mixtures of constituent
isomers
(sum of isomers)(b): wheat, barley, oats
and rye
0,05 (*): other cereals
28. DELTAMETHRIN 11986L0362 — EN — 01.08.1997 — 008.001 — 13
▼M1
▼M3
▼M3
Pesticide residues Maximum levels in mg/kg (ppm)
29. FENVALERATE, including other mixtures of constituent
isomers
(sum of isomers)(b): barley, oats, rye and
triticale
0,05 (*): other cereals
30. GLYPHOSATE 5: wheat, rye and triticale
20: barley and oats
0,1 (*): other cereals
31. IMAZALIL 0,02 (*)32. IPRODIONE 0,5: wheat
(c): barley and rice
0,02 (*): other cereals
33. MANCOZEB/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150sum expressed as CS
20,05 (*): maize and rice
(b): other cereals 34. MANEB
35. METIRAM36. PROPINEB
37. ZINEB
38. METHAMIDOPHOS 0,01 (*)39. PERMETHRIN
(sum of isomers)0,2: maize
2: other cereals
40. PROCYMIDONE 0,02 (*)41. VINCLOZOLIN
(sum of vinclozolin and all metabolites containing the 3,5-
dichloroaniline molety, expressed as vinclozolin)0,05 (*)
42. CYFLUTHRIN, including other mixed isomeric constituents
(sum of isomers)0,05 (**): maize
0,02 (**): other cereals
43. METALAXYL 0,05 (**)
44. BENALAXYL 0,05 (**)
45. FENARIMOL (d): wheat, barley
0,02 (**): other cereals
46. PROPICONAZOLE 0,05 (**)
47. DAMINOZIDE, (sum of daminozide and 1,1-dimethylhydra-
zine expressed as daminozide)0,02 (**)
48. LAMBDA-CYHALOTHRIN 0,05: barley
0,02 (**): other cereals
49. ETHEPHON (e): maize
0,2: wheat and triticale
0,5: barley and rye
0,05 (**): other cereals
50. CARBOFURAN (sum of carbofuran and 3-hydroxy-carbo-
furan expressed as carbofuran)(f): rice and oats
0,1 (**): other cereals
51. CARBOSULFAN 0,05 (**)52. BENFURACARB (e): maize
0,05 (**): other cereals
53. FURATHIOCARB 0,05 (**)
54. METHIDATHION 0,02 (***)
55. METHOMYL THIODICARB
Residue: sum of methomyl and thiodicarb expressed as
methomyl0,05 (***)1986L0362 — EN — 01.08.1997 — 008.001 — 14
▼M4
▼M5
▼M5
Pesticide residues Maximum levels in mg/kg (ppm)
56. AMITRAZ
Residue: amitraz plus all metabolites containing 2,4 demethy-
laniline expressed as amitraz0,02 (***)
57. PIRIMIPHOS-METHYL 5
58. ALDICARB
Residue: sum of aldicarb, its sulfoxide and its sulfone
expressed as aldicarb0,05 (***)
59. THIABENDAZOLE (g) wheat, rice
0,05 (***): others
60. TRIFORINE 0,1 wheat, rye, triti-
cale, barley, oats
0,05 (****) other cereals
61. ENDOSULFAN
Residue: sum of alpha and beta endosulfan sulphate expressed
as endosulphate0,1 (h) wheat, rye, triti-
cale, barley, oats
0,2 (h) maize
0,05 (****) others
62. FENBUTATIN OXIDE 0,05 (****)63. TRIAZAPHOS (i) wheat, rye, triti-
cale, barley, oats,
maize
0,02 (****) others
64. DIAZINON 0,02 (****) buckwheat, millet
0,05 (i) others
65. MECARBAM 0,05 (****) cereals66. FENTIN
Residue: fentin expressed as triphyltin cation0,05 (****)
67. PHORATE
Residue: sum of phorate, its oxygen analogue and their
sulfoxides and sulphones expressed as phorate(h) maize
0,05 (****) others
68. DICOFOL
Residue: sum of P, P ′and O, P ′isomers0,02 (****)
69. CHLORMEQUAT 5 oats
2 wheat, rye, triti-
cale, barley
(h) maize
0,05 (****) others
70. PROPYZAMIDE 0,02 (****)
71. PROPOXUR 0,05 (****)
72. DISULFOTON
Residue: sum of disulfoton,
disulfoton sulphoxide and
disulfoton sulphone
expressed as disulfoton0,1 wheat
0,2 barley, sorghum
0,02 (****) others
(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 methodswith determination limits not exceeding 0,05 mg/kg.
(
2) As from 1 January 1990.
►M3(*) Indicates lower limit of analytical determination.
(a) (b) (c) Should levels not be adopted by 1 January 1998, the following maximum levels shall apply as
indicated thereafter
(a): 0,1*(b): 0,05*(c): 0,02*. ◄
►
M4(**) Indicates other limit of analytical determination.
(d) (e) (f) As from 30 June 1999 and save for adoption of other levels, the following maximum limits shallapply as indicated:
(d): 0,02 (**),
(e): 0,05 (**),1986L0362 — EN — 01.08.1997 — 008.001 — 15
▼M6
▼B
▼B
(f): 0,1 (**). ◄
►M5(***) Indicates lower limit of analytical determination.
(g) Should levels not be adopted by 1 July 2000 the level of 0,05 (***) shall apply. ◄
►M6(****) Indicates lower level of analytical detection.
(h) and (i) Should levels not be adopted by 30 April 2000 the following levels shall apply as indicated
thereafter:
(h) 0,05 (****)
(i) 0,02 (****) ◄
PART B
Pesticide residuesMaximum 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 0,11986L0362 — EN — 01.08.1997 — 008.001 — 16