1976L0895 — EN — 11.09.1980 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 23November 1976
relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables
(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 March 1980 L 102 26 19.4.1980
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COUNCIL DIRECTIVE
of 23November 1976
relating to the fixing of maximum levels for pesticide residues in
and on fruit and vegetables
(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 byviruses;
Whereas it is absolutely essential to protect plants against these organ-
isms, not only to prevent a reduction in yield but also to increaseagricultural productivity;
Whereas one of the most important methods of protecting plants and
plant products from the effect of these harmful organisms is by the useof chemical pesticides;
Whereas, however, these pesticides do not have only a favourable effect
on plant production, since they are generally toxic substances or prepa-rations with dangerous 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 forthe maximum content of the residues of certain pesticides in or ontreated 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 createbarriers to trade and thus hinder the free movement of goods within theCommunity; whereas for this reason certain maximum levels should befixed 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 thefact 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 same time
(1) OJ No C 97, 28. 7. 1969, p. 35.
(2) OJ No C 40, 25. 3. 1969, p. 4.
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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 maximaeither 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; whereasMember States should therefore be allowed in that case to reducetemporarily these levels;
Whereas it is appropriate in that case to establish close cooperation
between the Member States and the Commission within a StandingCommittee on Plant Protection;
Whereas, where Member States fix maximum content levels for prod-
ucts marketed on their territory they should make certain that theselevels 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 analyses shouldbe laid down by means of a procedure establishing close cooperationbetween the Member States and the Commission within the StandingCommittee on Plant Protection;
Whereas any amendment to the Annexes should, in view of their
basically 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 Tariffheadings set out in Annex I and in or on which are found the pesticideresidues 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 1 onthe ground that they contain pesticide residues if the quantity of theseresidues does not exceed the maximum levels laid down in Annex II.
2. Member States may, in cases where they consider this justified,
authorize the circulation within their territories of products referred to inArticle 1 which contain pesticide residues higher than those laid downin Annex II.
3. Member States shall inform the other Member States and the
Commission of any implementation of paragraphs 1 and 2.
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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 with astatement 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, theMember 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. Inmaking 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 compli-
ance with any maximum levels laid down in accordance with thisDirective 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 verificationprovided for in paragraph 1, the sampling and qualitative and quantit-ative analysis carried out for the purposes of identifying and estimatingthe amounts of pesticide residues shall be carried out according to theprocesses and methods to be laid down in accordance with the proce-dure 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 Committeeon Plant Health set up by Decision 76/894/EEC (
1) (hereinafter called
‘the Committee')by its chairman, either on his own initiative or at therequest 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 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 41 votes.
4. Where the measures are in accordance with the opinion of the
Committee, the Commission shall adopt them and shall implement themforthwith. 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 the measures, the Commis-sion shall adopt the proposed measures and shall implement themimmediately, except where the Council has rejected the said measuresby a simple majority.
(1) See page 25 of this Official Journal.
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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 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 two days. Opinions shall be delivered by a majority of41 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-diately 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 acted, the Commission shall adopt the proposed meas-ures and shall implement them immediately, except where the Councilhas 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 that theyare 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 adminis-
trative provisions needed to comply with this Directive within a periodof two years following its notification and shall forthwith inform theCommission thereof.
Article 12
This Directive is addressed to the Member States.
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CCT heading
NoDescriptionANNEX I
List of products referred to in Article 1
07.01 B Cabbages, cauliflowers and Brussels sprouts, fresh or chilled
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 chilled
07.01 F Leguminous vegetables, shelled or unshelled, fresh or chilled
07.01 G Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots,
fresh or chilled
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, fresh or chilled
07.01 L Artichokes, fresh or chilled
07.01 M Tomatoes, fresh or chilled
07.01 N Olives, fresh or chilled
07.01 O Capers, fresh or chilled
07.01 P Cucumbers and gherkins, fresh or chilled
07.01 Q Mushrooms and truffels, fresh or chilled
07.01 R Fennel, fresh or chilled
07.01 S Sweet peppers, fresh or chilled
07.01 T Other, fresh or chilled
ex 07.02 Vegetables, uncooked, frozen
ex 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.
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EECPesticides
No (1)Common name Chemical formulaMaximum levels (in mg/kg (ppm))ANNEX II
List of pesticide residues and maximum residual levels
—amitrole 3-amino-1 H-1,2,4-triazole nil (2)
—aramite 0-[2-(4-tert-butylphenoxy)-1-methyl-ethyl]-0-(2-chlorethyl)-sulfite
nil (2)
—atrazine 2-ethylamino-3-chloro-o-isopro-pylamino-1,3,5-triazine
1·0
15/60 azinphos-ethyl 0,0-diethyl-S-[(4-oxo-3H-1,2,3-
benzo-triazine-3-yl)-methyl]-dithiophosphate singly or combined:nil (
2): root vegetables,
15/42 azinphos-methyl 0,0-dimethyl-S-[4-oxo-3H-1,2,3-
benzo-triazine-3-yl)-methyl]-dithiophosphateexcept celeriac0·4: other products
6/20
barban (4-chloro-but-2-in-yl)-N-(3-chlorophenyl)-carbamente
0·1
609/21 binapacryl [6-(1-methyl-propyl)-2,4-dinitrophenyl]-3,3-dimethyl-acrylatenil (2): carrots
0·3: other products
—captan N-(trichlor-
methylthio)-cyclohex-4-ene-1, 2-dicarboxymide
15·0
6/11 carbaryl N-methyl-1-naphthyl-carbamate 2·5: apricots, apples, pears,
peaches, grapes, plums,salads, cabbages, cauli-flowers and Brusselssprouts1·2: other products
620/6
chlorbenzide (4-chloro-benzyl)-(4-chloro-phenyl)-sulphide
1·5
620/4 chlorfenson (4-chloro-phenyl)-4-chloro-benzene-sulphonate
1·5
—chlorbenzilate ethyl-2-hydroxy-2,2-bis (4-chloro-phenyl)-acetate
1·5
6/22 chloroxuron 1-[4-(chlorophenoxyl-phenyl)]3.3-dimethylurea
0·2
15/33 demeton-S-methyl 0,0-dimethyl-S-(2-ethylthioe-
thyl)-monothiophosphatesingly or combined:nil (
2): carrots
15/49 oxydementon-methyl 0,0-dimethyl-S-(2-ethylsuphinyl-
ethyl)-monothiophosphate0·4: other products (calcu-
lated as demeton-S-methylsulphone
—
demeton-S-metyl-sulfone 0,0-dimethyl and S-ethyl-
sulphonyl thiophosphate
6/19 diallate S-(2,3-dichloro-allyl)- N,Ndiiso-
propylmonothio-carbamate 0·05
607/24 dichlorprop 2-(2,4-dichlorophenoxy) propionicacid
0·05
15/55 dimethoate 0,0-dimethyl- S-(N-methyl-carba-
moyl)-methyl-dithiophosphate 1·5(3)
—omethoate dimethyl- S-(N- methyl carbamoyl
methyl) phosphorothiolate 0·4
609/23 dinoseb 2.4-dinitro-6-(1-methylpropyl)phenol
0·05
—dodine N-dodecylguanidine acetate 1·0: fruits
nil (2): other products
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EECPesticides
No (1)Common name Chemical formulaMaximum levels (in mg/kg (ppm))
602/33 endosulphan 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
0·2: carrots
0·5: other products
602/32 endrin 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4- endo-5,8-endo-
dimethano-naphthalene
nil (2)
▼M1
15/56 fenchlorphos 0,0-dimethyl 0-(2,4,5-trichloro-phenyl) phosphorothioate
includingcalculated as fenchlorphos
-- 0,0-dimethyl 0-(2,4,5-trichloro-phenyl) phosphate0·01
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15/58 fenitrothion dimethyl-3-methyl-4-nitrophenylphosphorothionate
0·5
15/61 formothion S-(N-formyl-N-methylcarbanoyl-
methyl) dimethyl phosphorothio-lothionate
0·1
—— 1,1-dichloro-2,2-bis(4-ethyl-phenyl) ethane
10·0
602/23 lindane gamma-1,2,3,4,5,6-hexachlorcy-clohexane 2·0: leaf vegetables
0·1: carrots
1·5: other products
15/44 malathion S[-1,2- bis(ethoxy-carbonyl)-
ethyl]- 0,0-dimethyl-
dithiophosphate 3·0: vegetables, except root
includingvegetables
malaoxon S-(-1,2- bis(ethoxy-carbonyl)-
ethyl)- 0,0-dimethyl-thiophosphate0·5: other products
—methoxychlor 1,1,1-trichloro-2,2- bis(4-
methoxy-phenyl) ethane 10·0
15/37 parathion 0,0-diethyl- 0-(4-nitro-
phenyl)-monothiophosphate
including 0·5
paraoxon 0,0-diethyl- 0-(4-nitro-
phenyl)-phosphate
15/36 methyl parathion 0,0-dimethyl-0-(4-nitro-phenyl)-monothiophosphate
including 0·15
methyl-paraoxon 0,0-dimethyl-0-(4-nitro-phenyl)-phosphate
15/22 phosphamidon 2-chloro-2-diethylcarbamoyl-1-methylvinyldimethyl phosphate
0·15
607/21 folpet N-(trichloromethylthio) phthali-mide
15·0
—propoxur 2-iso propoxy phenyl methylcar-bamate
3·0
15/27 tEPP 0,0,0,0-tetræthyl-pyrophosphate nil (2)
6/5 thiram bis (dimethyl-thio-carba-moyl)-disulphide 3·8: strawberries, grapes
3·0: other products
602/24 toxaphene chlorinated camphenes (67 to69 % chlorine)
0·4
15/21 trichlorfon 0,0-dimethyl-(2,2,2-trichloro-1-hydroxy-ethyl)-phosphonate
0·5
(1) Numbering of Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws,
regulations and administrative provisions relating to the classification, packaging and labelling of dangerous
1976L0895 — EN — 11.09.1980 — 001.001 — 9
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substances (OJ No 196, 16. 8. 1967, p. 5), as last amended by Directive 75/409/EEC (OJ No L 183, 14. 7. 1975, p.
22).
(2) Negligible residues below the lower limit of sensitivity under the method of determination are tolerated.
(3) Possibly including the maximum level of 0 ·4 ppm fixed for omethoate.