1986L0363 — EN — 08.07.1993 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 24July 1986
on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin
(86/363/EEC)
(OJ L 221, 7.8.1986, p. 43)
Amended by:
OfficialJournal
No page date
►M1 CouncilDirective 93/57/EEC of 29 June 1993 L 211 1 23.8.1993
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COUNCIL DIRECTIVE
of 24July 1986
on the fixing of maximum levels for pesticide residues in and on
foodstuffs of animal origin
(86/363/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 proposalfrom the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Whereas crop and animal production play a very important role in the
Community;
Whereas the yield from that production is continually affected by
harmfulorganisms and weeds;
Whereas it is absolutely essential to protect plants, plant products and
livestock against these organisms, not only to prevent a reduction inyield but also to increase agricultural productivity;
Whereas one of the most important methods of protecting plants, plant
products and livestock from the effects of these harmful organisms isthe use of chemicalpesticides;
Whereas, however, these pesticides do not have only a favourable effect
on plant and animal production, since they are generally toxicsubstances or preparations with dangerous side-effects;
Whereas a large number of these pesticides and of their metabolites or
breakdown products may have harmfuleffects on consumers of pl antand animalproducts;
Whereas these pesticides and the contaminants which may accompany
them can present dangers for the environment and indirectly affecthumans through animalproducts;
Whereas, in order to dealwith these dangers, severalMember States
have already fixed maximum levels for certain pesticide residues in andon foodstuffs of animalorigin;
Whereas the differences which exist between Member States with
regard to the maximum permissible levels for pesticide residues canhelp to create barriers to trade and thus hinder the free movement ofgoods within the Community;
Whereas, for this reason, in an initial stage, maximum levels should be
fixed for certain organochlorine compounds in meat and meat productsand milk and milk products, which must be observed when theseproducts are put into circulation;
Whereas, moreover, observance of the maximum levels will ensure that
the goods 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 foodstuffs ofanimalorigin produced and consumed in their territory by a monitoringsystem and related measures so as to provide safeguards equivalent tothose resulting from the levels laid down;
(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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Whereas it is normally sufficient to apply check sampling to fresh milk
or frozen cream at the dairy or when it is put on sale to the finalconsumer; whereas, however, Member States should be authorized alsoto apply check sampling to fresh milk and fresh cream at an earlierstage;
Whereas it is not necessary to apply this Directive to products intended
for export to third countries;
Whereas Member States should be allowed to reduce temporarily the
levels laid down if they unexpectedly prove to be dangerous to humanor animalheal th;
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
foodstuffs 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 CouncilDirective 64/433/EEC of 26 June 1964 on heal th
problems affecting intra-Community trade in fresh meat (
1), as last
amended by Regulation (EEC) No 3768/85 (2), CouncilDirective 72/
462/EEC of 12 December 1972 on health and veterinary problems uponimportation of bovine animals and swine and fresh meat from thirdcountries (
3), as last amended by Regulation (EEC) No 3768/85, and
Council Directive 85/397/EEC of 5 August 1985 on health and animal-health problems affecting intra-Community trade in heat-treatedmilk (
4), as amended by Regulation (EEC) No 3768/85, provide for the
fixing of permitted limits for pesticides with regard respectively to freshmeat sent from one Member State to another, fresh meat imported fromthird countries and heat-treated milk sent from one Member State toanother, and for the laying down of the required methods of analysis;and whereas maximum residue levels laid down in this Directive shouldalso apply for the purposes of those three Directives;
Whereas it is appropriate that Member States make an annualreport 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 Councilshoul d review this Directive before 30 June 1991
with the aim of attaining a uniform Community system,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns foodstuffs of animalorigin l isted in Annex I in
so far as those foodstuffs may contain residues of pesticides listed inAnnex II, and without prejudice to Community or nationalprovisionsconcerning dietary or children’s food.
(1) OJ No 121, 29. 7. 1964, p. 2012/64.
(2) OJ No L 362, 31. 12. 1985, p. 8.
(3) OJ No L 302, 21. 12. 1972, p. 28.
(4) OJ No L 226, 24. 8. 1985, p. 12.
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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 circu-
lation within their territories of the products referred to in Article 1 onthe grounds that they contain pesticide residues if the quantity of suchresidues 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 pesticide residues 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 toapply a system of monitoring already in force on their territory for thepresence 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 totaldietary exposure oftheir population to these residues, whatever their source. Such measuresshall include regular representative surveys of the levels of these pesti-cide residues in typicaldiets.
2. Member States shall inform the other Member States and the
Commission of any implementation of paragraph 1.
Article 6
Notwithstanding the provisions of Article 4, in the case of the products
referred to in Annex I falling within heading No 04.01 of the CommonCustoms Tariff, the check sampling provided for shall be carried out atthe dairy or, if they are not delivered to a dairy, at the point of supply tothe consumer. Member States may nevertheless provide also for checksampling from the time these products are first put into circulation.
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 carriedout and 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 4and, where appropriate, Article 5, shall be determined in accordancewith the procedure laid down in Article 12. The existence ofCommunity analysis methods, to be used in cases of dispute, shall not
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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 use of other methods pursuant to paragraph 1.
3. Paragraphs 1 and 2 shall apply without prejudice to Community
veterinary inspection measures for checking pesticide residues in prod-ucts referred to in Article 1, in particular those adopted pursuant toDirectives 64/433/EEC, 72/462/EEC and 85/397/EEC.
Article 9
1. Where a Member State considers that a maximum level set 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 taken, attaching a statementof the reasons therefor.
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 suchtime as a decision is taken by the Councilor the Commission inaccordance 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 proposalfrom 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 matters shall be referred without delay to the Standing Committeeon Plant Health, hereinafter referred to as the ‘Committee', by itschairman, either on his own initiative or at the request of a MemberState.
2. Within the Committee, the votes of the 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 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 themforthwith. If the measures are not in accordance with the opinion of theCommittee or if no opinion is delivered, the Commission shall imme-diatel y submit to the Councila proposalon the measures to be taken.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 Councilhas not adopted any measures, the Commis-sion shall adopt the proposed measures, except where the Council hasvoted by a simple majority against the said measures.
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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 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 of54 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 shall imme-diatel y submit to the Councila proposalon the measures to be taken.The Council shall adopt the measures by a qualified majority.
If, within 15 days of the date onwhich the matter was referred to it, the
Councilhas not adopted any measures, the Commission shal ladopt theproposed measures, except where the Councilhas voted by a singl emajority 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 export to third countries.
Article 15
In order to improve upon the Community system introduced by this
Directive, the Council, on the basis of a Commission report accompa-nied, if appropriate, by suitable proposals, shall re-examine thisDirective 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 Commissionthereof.
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.
Article 17
This Directive is addressed to the Member States.
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CN code DescriptionANNEX I
▼M1
0201 Meat of bovine animals, fresh or chilled
0202 Meat of bovine animals, frozen
0203 Meat of swine, fresh, chilled or frozen
0204 Meat of sheep or goats, fresh chilled or frozen
0205 00 00 Meat of horses, asses, mules or hinnies, fresh, chilled or frozen
0206 Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies,
fresh, chilled or frozen
0207 Meat and edible offal, of the poultry of heading No 0105 (fowls of the species
Gallus domesticus , ducks, geese, turkeys and Guinea fowls), fresh, chilled or
frozen
ex 0208 Other meat and edible meat offal, fresh, chilled or frozen
0209 00 Pig fat free of lean meat and poultry fat (not rendered), fresh, chilled, frozen, salted
in brine, diced or smoked
0210 Meat and edible meat offal, salted in brine, dried or smoked; edible flours and
meals of meat or meat offal
0401 Milk and cream, not concentrated nor containing added sugar or other sweetening
mattern
0402 Milk and cream, concentrated or containing added sugar or other sweetening
matter
0405 00 Butter and other fats and oils derived from milk
0406 Cheese and curd
0407 00 Birds’ eggs, in shell, fresh, preserved or cooked
0408 Birds’ eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by
boiling in water, moulded, frozen or otherwise preserved, whether or notcontaining added sugar or other sweetening matter
1601 00 Sausages and similar products, of meat, meat offal or blood: food preparations
based on these products
1602 Other prepared or preserved meat offalor bl ood
-
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Maximum levels in mg/kg (ppm)
Pesticide residuesof fat, contained in
meat, preparations
of meat, offals and
animalfats l isted in
Annex I under
heading Nos
ex 0201, 0202,
0203, 0204,
0205 00 00, 0206,
0207, ex 0208,
0209 00, 0210,
1601 00 and
1602 (1)(4)for cow’s milk and
whole cream cow’s
milk listed in Annex
I under heading No
0401: for the other
foodstuffs in
heading Nos 0401,
0402, 0405 00 and
0406 in accordance
with (2)(4)of shelled fresh
eggs, for birds’
eggs and egg
yolks listed in
Annex I under
heading Nos
0407 00 and
0408 (3)(4)▼B
ANNEX II
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PART A
1. ALDRIN singly orcombined,
2. DIELDRIN(HEOD)expressed asdieldrin(HEOD) 0,2 0,006 0,02
3. CHLORDANE (sum of cis- and trans-isomers and oxychlordane expressed aschlordane) 0,05 0,002 0,005
4. DDT (sum of p,p /prime1-DDT, o,p /prime1-DDT,
p,p /prime1-DDE and p,p /prime1-TDE (DDD)
expressed as DDT)1 0,04 0,1
5. ENDRIN 0,05 0,0008 0,005
6. HEPTACHLOR (sum of heptachlorand heptachlor epoxide, expressed asheptachlor) 0,2 0,004 0,02
7. HEXACHLOROBENZENE (HCB) 0,2 0,01 0,02
8. HEXACHLOROCYCLOHEXANE
(HCH)
8.1. alpha-isomer 0,2 0,004 0,02
8.2. beta-isomer 0,1 0,003 0,01
8.3. gamma-isomer (lindane) 2
ex 0204 sheep-
meat
1 other products0,008 0,1
9. CHLORPYRIFOS 0,05 (*)
0207 Poultry
meat0,01 (*) 0,01 (*)
10. CHLORPYRIFOS-METHYL 0,05 (*) 0,01 (*) 0,01 (*)
11. CYPERMETHRIN including othermixtures of constituent isomers(sum of isomers)0,05 (*)
0207 Poultry
meat
0,2 other prod-
ucts0,02 0,05 (*)
12. DELTAMETHRIN 0,05
0207 Poultry
meat0,05 (*)
13. FENVALERATE including othermixtures of constituent isomers(sum of isomers)(a)
0207 Poultry
meat
0,5 other prod-
ucts0,05 (a)
14. PERMETHRIN(sum of isomers)0,5 0,05 0,05
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Maximum levels in mg/kg (ppm)
Pesticide residuesof meat, including
fat, preparations of
meat, offals and
animalfats l isted in
Annex I under
heading Nos
ex 0201, 0202,
0203, 0204,
0205 00 00, 0206,
0207, ex 0208,
0209 00, 0210,
1601 00 and 1602for milk and milk
products listed in
Annex I under
heading Nos 0401,
0402, 0405 00 and
0406of shelled fresh
eggs, for birds’
eggs and egg
yolks listed in
Annex I under
heading Nos
0407 00 and 0408(*) Indicates lower limit of analytical determination.(
1) In the case of foodstuffs with a fat content of 10 % or less by weight, the residue is related to the total weight of
the boned foodstuff. In such cases, the maximum level is one-tenth of the value related to fat content, but must beno less than 0,01 mg/kg.
(
2) In determining the residues in raw cow’w milk and whole cream cow’s milk, a fat content of 4 % by weight
should be taken as a basis.For raw milk and whole cream milk of another animal origin the residues are expressed on the basis of the fat.For the other foodstuffs listed in Annex I under heading Nos 0401, 0402, 0405 00 and 0406:
— with a fat content of less than 2 % by weight, the maximum level is taken as half that set for raw milk and whole
cream milk,
— with a fat content of 2 % or more by weight, the maximum level is expressed in mg/kg of fat. In such cases, the
maximum level is 25 times that set for raw milk and whole cream milk.
(
3) For eggs and egg products with a fat content higher than 10 % the maximum level is expressed in mg/kg fat. In
this case the maximum level is 10 times higher than the maximum level for fresh eggs.
(4) Footnotes (1), (2) and (3) do not apply in cases where the lower limit of analytical determination is indicated.
(a) Should levels no be adopted by 1 January 1998, the following maximum level shall apply: 0,05*.
PART B
1. ACEPHATE 0,02 (*) 0,02 (*) 0,02 (*)
2. BENOMYL
3. CARBENDAZIM sum expressed
4. THIOPHONATEMETHYLas carbendazim0,1 (*) 0,1 (*) 0,1 (*)
5. CHLOROTHALONIL 0,01 (*) 0,01 (*) 0,01 (*)
6. GLYPHOSATE 0,5
ex 0206 pig
kidney
2
ex 0206 cattle,
goat and sheep
kidney
0,1 (*) other
products0,1 (*) 0,1 (*)
7. IMAZALIL 0,02 (*) 0,02 (*) 0,02 (*)
8. MANCOZEB
9. MANEB
10. METIRAMsum expressedas CS
20,05 (*) 0,05 (*) 0,05 (*)
11. PROPINEB
12. ZINEB
13. METHAMIDOPHOS 0,01 (*) 0,01 (*) 0,01 (*)
14. IPRODIONE (sum ofcompounds andall metabolites
15. PROCYMIDONE containing the3,5-dichloroa-niline moiety
0,05 (*) 0,05 (*) 0,05 (*)
16. VINCLOZOLINexpressed as3,5 dichloroa-niline)
(*) Indicates lower limit of analytical determination.