1986L0362 — EN — 13.12.1990 — 002.001 — 1
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►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
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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 — 13.12.1990 — 002.001 — 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 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 enableinformation concerning levels of pesticide residues to be collected forthe 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 ofmaximum permitted levels for undesirable substances and products infeedingstuffs(
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 orreaction products listed in Annex II, which are present in or on theproducts 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 of1986L0362 — EN — 13.12.1990 — 002.001 — 3
(1) OJ No L 38, 11. 2. 1974, p. 31.
(2) OJ No L 212, 2. 8. 1986, p. 27.
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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 inaccordance 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 orderto ensure that an effect equivalent to the levels of pesticide residues laiddown in Annex II is obtained, and to assess the total dietary exposure oftheir 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 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 productscovered thereby, irrespective of the origin of the products.
Article 7
Member States shall make a report to the Commission before 1 August
each year on the results of the official checks, the monitoring carried outand the other measures taken pursuant to Article 4 and, whereappropriate 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 theprocedure laid down in Article 12. The existence of Community analysismethods, to be used in cases of dispute, shall not preclude the use byMember States of other scientifically valid methods capable ofachieving 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 tobe taken, that Member State may temporarily reduce the level in its ownterritory. In that case, it shall immediately notify the other MemberStates and the Commission of the measures, attaching a statement of thereasons therefor.1986L0362 — EN — 13.12.1990 — 002.001 — 4
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2. If the situation envisaged in paragraph 1 arises, it shall be decided
in accordance with the procedure laid down in Article 13 whether themaximum 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 maymaintain 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 technicalknowledge shall be adopted by the Council acting by a qualifiedmajority 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 newlist 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 onPlant 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 thesemeasures within a time limit set by the chairman, having regard to theurgency of the matters to be examined. Opinions shall be delivered by amajority 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 ofthe Committee or if no opinion is delivered, the Commission shallimmediately submit to the Council a proposal on the measures to betaken. 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 MemberState.
2. Within the Committee, the votes of Member States shall be
weighted as provided for in Article 148 (2) of the Treaty. The chairmanshall 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 thesemeasures 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 themforthwith. Where they are not in accordance with the opinion of theCommittee or if no opinion is delivered, the Commission shallimmediately submit to the Council a proposal on the measures to betaken. The Council shall adopt the measures by a qualified majority.1986L0362 — EN — 13.12.1990 — 002.001 — 5
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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
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 areintended 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 reportaccompanied, if appropriate, by suitable proposals, shall re-examinethis 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 complywith 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.
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 whosehydrogen cyanide level exceeds that fixed in Annex II; this derogation
shall apply only to products originating in the territory of the former
German 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 — 13.12.1990 — 002.001 — 6
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ANNEX I
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 riceex 10.07 Buckwheat, millet, grain sorghum,
triticale and other cereals1986L0362 — EN — 13.12.1990 — 002.001 — 7
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ANNEX II
PART A
Pesticide residues Maximum levels in mg/kg (ppm)
1. aldrin/C148/C147/C147/C147/C147/C149/C147/C147/C147/C147/C150singly or combined, expressed
as dieldrin (HEOD) 2. dieldrin (HEOD) 0,01
3. total inorganicbromide, 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/C148/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C150sum0,02
14.2. beta-isomer14.3. 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 0,05
(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
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 — 13.12.1990 — 002.001 — 8
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