1976L0895 — EN — 18.06.1996 — 010.001 — 1
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►B COUNCILDIRECTIVE
of23November1976
relatingtothefixingofmaximumlevels forpesticideresiduesinandonfruitandvegetables
(76/895/EEC)
(OJ L 340, 9.12.1976, p. 26)
Amended by:
Official Journal
No page date
►M1Commission Directive 80/428/EEC of 28 March1980 L 102 26 19.4.1980
►M2Council Directive 81/36/EEC of 9 February 1981 L 46 33 19.2.1981
►M3Council Directive 82/528/EEC of 19 July 1982 L 234 1 9.8.1982
►M4Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M5Council Directive 88/298/EEC of 16 May 1988 L 126 53 20.5.1988
►M6Council Directive 89/186/EEC of 6 March1989 L 66 36 10.3.1989
►M7Council Directive 93/58/EEC of 29 June 1993 L 211 6 23.8.1993
►M8Council Directive 96/32/EC of 21 May 1996 L 144 12 18.6.1996
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of23November1976
relating to the fixing of maximum levels for pesticide residues in
andonfruitandvegetables
(76/895/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,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas crop production plays an important role in the European
Economic Community;
Whereas the yield from that production is continually affected by
harmful organisms of either animal or vegetable origin and also by
viruses;
Whereas it is absolutely essential to protect plants against these organ-
isms, not only to prevent a reduction in yield 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 by theuse of chemical pesticides;
Whereas, however, these pesticides do not have only a favourable
effect on plant production, since they are generally toxic substances orpreparations withdangerous side effects;
Whereas a large number of these pesticides and of their metabolized or
breakdown products may have harmful effects on consumers of plantproducts;
Whereas these pesticides should not be used in circumstances which
could present a risk to human or animal life;
Whereas different methods exist in certain Member States for avoiding
this risk; whereas some of these States have fixed different levels for
the maximum content of the residues of certain pesticides in or on
treated plants and plant products which must be observed when theseproducts are put into circulation;
Whereas the differences which exist between Member States for the
maximum permissible levels for pesticide residues can help to create
barriers to trade and thus hinder the free movement of goods withinthe Community; whereas for this reason certain maximum levelsshould be fixed which may be applied by the Member States;
Whereas in fixing these maximum levels the requirements of plant
production and the need to protect human and animal health must bereconciled;
Whereas, initially, maximum levels should be fixed for the residues of
certain pesticides in and on fruit and vegetables taking into account the
fact that fruit and vegetables are generally intended for humanconsumption and, on occasions, for animal feed; whereas thesemaximum levels must represent the lowest possible levels;
Whereas the free circulation throughout the Community of products
with a level of residue of certain pesticides less than or equal to themaxima fixed in Annex II should be assured; whereas at the same1976L0895 — EN — 18.06.1996 — 010.001 — 2
(1) OJ No C 97, 28. 7. 1969, p. 35.
(2) OJ No C 40, 25. 3. 1969, p. 4.
▼B
time Member States should be allowed to permit the circulation in their
territory, without discrimination and in cases where they consider thisjustified, of products which have a content higher than the said maxima
either by fixing or by refraining from fixing maximum levels for them;
Whereas it is not necessary to apply the provisions of this Directive to
fruit and vegetables intended for export to third countries;
Whereas, nevertheless, the maximum levels fixed in Annex II could
unexpectedly prove dangerous to human or animal health; whereas
Member States should therefore be allowed in that case to reduce
temporarily these levels;
Whereas it is appropriate in that case to establish close cooperation
between the Member States and the Commission within a Standing
Committee on Plant Protection;
Whereas, where Member States fix maximum content levels for
products marketed on their territory they should make certain that these
levels are observed by means of official checks, consisting, at least, ofsampling;
Whereas, in that case, the official checks should be made by using
Community methods of sample-taking and Community methods ofanalysis;
Whereas the fixing of methods of sampling and analysis is a technical
and scientific implementing measure; whereas in order to facilitate theadoption thereof, the rules relating to those samples and analysesshould be laid down by means of a procedure establishing close coop-eration between the Member States and the Commission within the
Standing Committee on Plant Protection;
Whereas any amendment to the Annexes should, in view of their basi-
cally technical nature, be made easier by an accelerated procedure,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns products intended for human or, in exceptional
cases, animal consumption listed under the Common Customs Tariff
headings set out in Annex I and in or on which are found the pesticide
residues listed in Annex II.
Article 2
1. For the purposes of this Directive ‘pesticide residues’ means the
residual traces of pesticides, as well as any of the toxic breakdown ormetabolized 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 in return for payment or free of charge, ofthe products referred to in Article 1, after they have been harvested.
Article 3
1. Member States may not prohibit or impede the putting on the
market within their territories of the products referred to in Article 1on the ground that they contain pesticide residues if the quantity ofthese residues does not exceed the maximum levels laid down inAnnex II.
2. Member States may, in cases where they consider this justified,
authorize the circulation within their territories of products referred toin Article 1 which contain pesticide residues higher than those laid
down in Annex II.
3. Member States shall inform the other Member States and the
Commission of any implementation of paragraphs 1 and 2.1976L0895 — EN — 18.06.1996 — 010.001 — 3
▼B
Article 4
1. Where a Member State considers that a maximum level fixed in
Annex II might endanger the health of humans or of animals other thanharmful organisms, that Member State may temporarily reduce thatlevel in its own territory. In that case it shall immediately notify theother Member States and the Commission of the measures taken witha statement of the reasons therefor.
2. In accordance with the products laid down in Article 8, it shall be
decided whether the maximum levels laid down in Annex II are to beamended. Until such time as a decision is taken by the Council or theCommission in accordance with the abovementioned procedure, the
Member State may maintain the measures which it has implemented.
Article 5
Without prejudice to Article 4, the Council, acting on a proposal from
the Commission, shall adopt amendments to be made to the Annexes.
In making such amendments account shall be taken of technical andscientific progress as well as of the requirements of health and agricul-ture.
Article 6
1. Member States shall take all necessary measures to ensure
compliance withany maximum levels laid down in accordance withthis Directive by carrying out random checks.
2. Member States shall take all necessary measures to ensure that,
where the products referred to in Article 1 are subject to the verifica-tion provided for in paragraph1, th e sampling and qualitative andquantitative analysis carried out for the purposes of identifying andestimating the amounts of pesticide residues shall be carried outaccording to the processes and methods to be laid down in accordance
withth e procedure provided for in Article 7.
Article 7
1. Where the procedure laid down in this Article is to be followed,
the matters shall be referred without delay to the Standing Committee
on Plant Healthset up by Decision 76/894/EEC(
1) (hereinafter called
‘the Committee’) by its chairman, either on his own initiative or atthe 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 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 theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not vote.
►
A23.◄Where the measures are in accordance with the opinion
of the Committee, the Commission shall adopt them and shall imple-ment them forthwith. Where the measures are not in accordance withthe opinion of the Committee or if no opinion is delivered, theCommission shall immediately submit to the Council a proposal onthe 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 Council has not adopted the measures, the Commis-sion shall adopt the proposed measures and shall implement them1976L0895 — EN — 18.06.1996 — 010.001 — 4
(1) See page 25 of this Official Journal.▼A2
▼B
▼B
immediately, except where the Council has rejected the said measures
by a simple majority.
Article 8
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 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 of
decisions which the Council is required to adopt on a proposal from the
Commission. The votes of the representatives of the Member Stateswithin the Committee shall be weighted in the manner set out in thatArticle. The Chairman shall not vote.
►
A23.◄Where the measures are in accordance with the opinion
of the Committee, the Commission shall adopt them and shall imple-
ment them forthwith. Where they are not in accordance with theopinion of the Committee or if no opinion is delivered, the Commis-sion shall immediately submit to the Council a proposal on themeasures to be taken. The Council shall adopt the measures by a quali-fied majority.
If, within 15 days of the date on which the matter was referred to it,
the Council has not acted, the Commission shall adopt the proposed
measures and shall implement them immediately, except where theCouncil has rejected the said measures by a simple majority.
Article 9
This Directive shall not apply to the products referred to in Article 1
where at least one appropriate element of proof can be brought thatthey are intended for export to third countries.
Article 10
This Directive shall apply without prejudice to Community provisions
concerning common quality standards for fruit and vegetables.
Article 11
Member States shall bring into force the laws, regulations and admin-
istrative provisions needed to comply with this Directive within a
period of two years following its notification and shall forthwith inform
the Commission thereof.
Article 12
This Directive is addressed to the Member States.1976L0895 — EN — 18.06.1996 — 010.001 — 5
▼A2
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ANNEX I
Listofproductsreferred toinArticle1
CCT heading
NoDescription
07.01 B Cabbages, cauliflowers and Brussels sprouts, freshor ch illed
07.01 C Spinach, fresh or chilled
07.01 D Salad vegetables, including endive and chicory, fresh or chilled
07.01 E Chard (or white beet) and cardoons, fresh or chilled07.01 F Leguminous vegetables, shelled or unshelled, fresh or chilled07.01 G Carrots, turnips, salad beetroot, salsify, celeriac, radishes and
similar edible roots, freshor ch illed
07.01 H Onions, shallots and garlic, fresh or chilled
07.01 IJ Leeks and other alliaceous plants, fresh or chilled
07.01 K Asparagus, freshor ch illed07.01 L Artichokes, fresh or chilled07.01 M Tomatoes, freshor ch illed07.01 N Olives, freshor ch illed07.01 O Capers, freshor ch illed07.01 P Cucumbers and gherkins, fresh or chilled07.01 Q Mushrooms and truffels, fresh or chilled07.01 R Fennel, freshor ch illed
07.01 S Sweet peppers, freshor ch illed
07.01 T Other, fresh or chilled
ex 07.02 Vegetables, uncooked, frozenex 08.01 Dates, bananas, coconuts, Brazil nuts, cashew nuts(
1),
avocados, mangoes, guavas and mangosteens, fresh, shelled or
peeled
ex 08.02 Citrus fruit, fresh(1)
ex 08.03 Figs, fresh(1)
ex 08.04 Grapes, fresh(1)
ex 08.05 Nuts, other than those falling within heading No 08.01,
fresh(1), shelled or peeled
08.06 Apples, pears and quinces, fresh(1)
08.07 Stone fruit, fresh(1)
08.08 Berries, fresh(1)
08.09 Other fruit, fresh(1)
ex. 08.10 Fruit, uncooked, preserved by freezing, not containing added
sugar(1)
(1) Chilled fruit is treated in the same way as fresh fruit.1976L0895 — EN — 18.06.1996 — 010.001 — 6
ANNEX II
Listofpesticideresiduesandmaximumresiduallevels
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄►M3azinphos-ethyl ◄ 0,0-diethyl-S-[(4-oxo-3H-1,2,3-benzo-triazine-3-yl)-methyl]-dithiophosphate►M30·05◄
►M3 ◄►M3azinphos-methyl ◄ 0,0-dimethyl-S-[4-oxo-3H-1,2,3-benzo-triazine-3-yl)-methyl]-dithiophosphate ►M31: grapes, citrus fruit
0·5: other products ◄
►M3 ◄►M3
barban
sum expressed
as 3-chloroani-
line9
=
;chlorpropham
chlorbufam
◄►M34-chlorobut-2-ynyl 3-chlorocarbanilate; isopropyl 3-chlorophenylcarba-
mate; 1-methylprop-2-ynyl-3-chlorophenylcarbamate ◄
►M30·1: celery, carrots, chervil, parsnip,
parsley
0·05: other products ◄
►M3 ◄captan N-(trichlor-methylthio)-cyclohex-4-ene-1, 2-dicarboxymide 15·0
►M3 ◄►M3carbaryl ◄ N-methyl-1-naphthyl-carbamate ►M33: apricots, apples, pears, peaches, grapes,
plums, salads, cabbages
1: other products ◄
►M3 ◄►M3chlorobenzilate ◄ ethyl-2-hydroxy-2,2-bis (4-chloro-phenyl)-acetate ►M30·2: nuts
2: other products ◄
►M3 ◄chloroxuron 1-[4-(chlorophenoxyl-phenyl)] 3.3-dimethylurea 0·2▼B1976L0895 — EN — 18.06.1996 — 010.001 — 7▼M7
▼M3
▼M7
▼B
▼M7
▼B
▼M7
▼M3
▼B
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄demeton-S-methyl 0,0-dimethyl-S-(2-ethylthioethyl)-monothiophosphate singly or combined:9
>>>=
>>>;nil (2): carrots
0·4: other products (calculated as demeton-S-
methyl sulphone►M3 ◄oxydementon-methyl 0,0-dimethyl-S-(2-ethylsuphinyl-ethyl)-monothiophosphate
►M3 ◄demeton-S-metyl-sulfone 0,0-dimethyl and S-ethyl-sulphonyl thiophosphate
►M3 ◄►M3
diallatesum/C27
triallate
◄►M3S-2,3-dichloroallyl di-isopropylthiocarbamate; S-2,3,3-trichloroallyl di-
isopropylthiocarbamate ◄
►M30·1◄
►M3 ◄dimethoate 0.0-dimethyl-S-(N-methyl carbamoyl) methyl dithiophosphate 1
►M3 ◄omethoate dimethyl-S-(N-methyl carbamoyl methyl) phosphorothiolate 0·4: cherries, witloof chicory, artichokes and
spinach
0·1: berries, onions, leeks and root vegetables0·2: other products
►M3 ◄dodine N-dodecylguanidine acetate ►M51: pome and stone fruit
0·2: other products ◄
►M3 ◄►M3endosulphan (sum of α-
andβ-endosulphan and endosul-
phan sulphate) ◄6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a,-hexahydro-6,9-methano-2,3,4-benzo(e)-
dioxathiepin-3-oxide►M8 ◄►M81: currants (red,
black and white)
1: gooseberries
1: blackberries1: strawberries ◄
►M3 ◄fenitrothion dimethyl-3-methyl-4-nitrophenyl phosphorothionate ►M52: citrus fruit
0·5: other products ◄
►M3 ◄formothion S-( N-formyl-N-methylcarbanoylmethyl) dimethyl phosphorothiolothionate ►M50·2: citrus fruit
0·1: other products ◄▼B1976L0895 — EN — 18.06.1996 — 010.001 — 8▼M7
▼M2
▼M7
▼B
▼M7
▼B
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄►M3lindane (gamma-HCH) ◄gamma-1,2,3,4,5,6-hexachlorcyclohexane ►M32: leaf vegetables
0·5: tomatoes, stone fruit and grapes0·1: carrots
1: other products ◄
►
M3 ◄malathion S[-1,2- bis(ethoxy-carbonyl)-ethyl]- 0,0-dimethyl-dithiophosphate ►M52: citrus fruit 9
>>>=
>>>;3: vegetables, except root vegetables
0·5: other products ◄including
malaoxon S-(-1,2- bis(ethoxy-carbonyl)-ethyl)- 0,0-dimethyl-thiophosphate
►M3 ◄methoxychlor 1,1,1-trichloro-2,2- bis(4-methoxy-phenyl) ethane 10·0
►M3 ◄parathion 0,0-diethyl- 0-(4-nitro-phenyl)-monothiophosphate9
>>>=
>>>;0·5 including
paraoxon 0,0-diethyl- 0-(4-nitro-phenyl)-phosphate
►M3 ◄►M3methyl parathion,
including methylparaoxon ◄0,0-dimethyl-0-(4-nitro-phenyl)-monothiophosphate
►9
>>=
>>;M30·2◄►M3 ◄
►M3 ◄ 0,0-dimethyl-0-(4-nitro-phenyl)-phosphate
►M3 ◄phosphamidon 2-chloro-2-diethylcarbamoyl-1-methylvinyldimethyl phosphate 0·15
►M3 ◄►M3folpet◄ N-(trichloromethylthio) phthalimide ►M315: cherries, lettuce, raspberries, blueber-
ries, currants, grapes, strawberries
10: citrus fruit, pome fruit
5: tomatoes
2: other products ◄
►M3 ◄propoxur 2-iso propoxy phenyl methylcarbamate ►M8 ◄
►M83: tomatoes
3: cucumbers ◄
►M3 ◄thiram bis (dimethyl-thio-carbamoyl)-disulphide 3·8: strawberries, grapes
3·0: other products▼B1976L0895 — EN — 18.06.1996 — 010.001 — 9▼M7
▼B
▼M7
▼B
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄trichlorfon 0,0-dimethyl-(2,2,2-trichloro-1-hydroxy-ethyl)-phosphonate 0·5
bromopropylate isopropyl 4,4'-dibromobenzilate 3: citrus fruit, bananas
2: pome and stone fruit, strawberries, grapes
1: vegetables
0·05: other fruit
chlorfenvinphos (sum of E- and
Z-isomers)2-chloro-1-(2,4-dichlorophenyl) vinyl diethyl phosphate ►M51: citrus fruit
0·5: bulb, tuber and root vegetables, celery and
parsley
0·05: mushrooms, other fruit0·1: other vegetables ◄
chlormequat, expressed as chlor-
mequat cation2-chloroethyltrimethyl ammonium ion ►
M8 ◄
►M80·05: beans (fresh)
0·05: peas (fresh) ◄
dichlofluanid N-dichlorofluoromethylthio-N,N'-dimethyl-N-phenylsulphamide 10: lettuce, strawberries, other berries, grapes
5: other products
dichlorvos 2,2-dichlorovinyl dimethyl phosphate 0·1▼B1976L0895 — EN — 18.06.1996 — 010.001 — 10▼M7
▼B
▼M7
▼M3
▼M7
▼M3
▼M7
▼M8
▼M3
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
diquat, expressed as diquat cation 1,1'-ethylene-2,2'-bipyridyldiylium ion 0·1: vegetables
0·05: other products
methyl bromide bromomethane ►M70,1: nuts, apricots, peaches, plums, figs
and grapes ◄
pyrethrins (sum of pyrethrins I
and II, cinerins I and II, jasmolins
I and II)—
1
vamidothion (sum of vamidothion
and vamidothion sulphoxide)0,0-dimethyl S-2-(1-methylcarbamoylethylthio) ethyl phosphorothioate 0·5: pome fruit
0·05: other products
chinomethionat 6-methyl-1,3-dithiolo [4,5-b] quinoxalin-2-one 0·3
captansum/C27
folpet— 3: pome fruit, berries and small fruit, grapes,
tomatoes
2: beans, broad-leaved endives, endives, leeks,
stone-fruit, lettuce, peas
0·1: other products
ethion 0,0,0',0'-tetraethyl S, S'-methylene di (phosphorodithioate) 2: citrus fruit
0·5: pome and stone fruit and grapes
0·1: other products▼M31976L0895 — EN — 18.06.1996 — 010.001 — 11▼M8
▼M7
▼M3
▼M8
▼M7
▼M3
▼M7
▼M3
▼M5
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
mevinphos 2-methoxy-carbonyl-1-methylvinyl dimethyl phosphate (sum of cis and transis-
omers)0·2: pome and citrus fruit and apricots
0·5: other stone fruit, leafy vegetables
0·1: other products
phosalone S-(6-chloro-2-oxobenzo-oxazolin-3-yl) methyl 00-diethyl phosphorodithioate 1: citrus fruit and strawberries
2: pome fruit and peaches
0·1: root vegetables and olives1: other products
►M3 ◄
(2) Negligible residues below the lower limit of sensitivity under the method of determination are tolerated.
►M2 ◄▼M51976L0895 — EN — 18.06.1996 — 010.001 — 12▼M7
▼M5
▼M7
▼B