1986L0363 — EN — 27.03.2002 — 017.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of24July1986
onthefixingofmaximumlevels forpesticideresiduesinandonfoodstuffsofanimalorigin
(86/363/EEC)
(OJ L 221, 7.8.1986, p. 43)
Amended by:
Official Journal
No page date
►M1Council Directive 93/57/EEC of 29 June 1993 L 211 1 23.8.1993
►M2Council Directive 94/29/EC of 23 June 1994 L 189 67 23.7.1994
►M3Council Directive 95/39/EC of 17 July 1995 L 197 29 22.8.1995
►M4Council Directive 96/33/EC of 21 May 1996 L 144 35 18.6.1996
►M5Council Directive 97/41/EC of 25 June 1997 L 184 33 12.7.1997
►M6Commission Directive 97/71/EC of 15 December 1997 L 347 42 18.12.1997
►M7Commission Directive 98/82/EC of 27 October 1998 L 290 25 29.10.1998
►M8Commission Directive 1999/71/EC of 14 July 1999 L 194 36 27.7.1999
►M9Commission Directive 2000/24/EC of 28 April 2000 L 107 28 4.5.2000
►M10Commission Directive 2000/42/EC of 22 June 2000 L 158 51 30.6.2000
►M11Commission Directive 2000/58/EC of 22 September 2000 L 244 78 29.9.2000
►M12Commission Directive 2000/81/EC of 18 December 2000 L 326 56 22.12.2000
►M13Commission Directive 2000/82/EC of 20 December 2000 L 3 18 6.1.2001
►M14Commission Directive 2001/39/EC of 23 May 2001 L 148 70 1.6.2001
►M15Commission Directive 2001/57/EC of 25 July 2001 L 208 36 1.8.2001
►M16Commission Directive 2002/23/EC of 26 February 2002 L 64 13 7.3.2002
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
Corrected by:►
C1Corrigendum, OJ L 164, 3.7.1996, p. 23 (95/39/EC)
►C2Corrigendum, OJ L 262, 17.10.2000, p. 46 (2000/42/EC)
▼B
COUNCILDIRECTIVE
of24July1986
on the fixing of maximum levels for pesticide residues in and on
foodstuffsofanimalorigin
(86/363/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles43 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),
Whereascrop and animal production play a very important role in the
Community;
Whereasthe yield from that production iscontinually affected by
harmful organisms 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 is
the use of chemical pesticides;
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 productsmay have harmful effectson cons umersof plantand animal products;
Whereas these pesticides and the contaminants which may accompany
them can present dangers for the environment and indirectly affecthumansthrough animal products ;
Whereas, in order to deal with these dangers, several Member States
have already fixed maximum levels for certain pesticide residues in
and on foodstuffs of animal origin;
Whereasthe differenceswhich exis t between Member Stateswith
regard to the maximum permissible levels for pesticide residues canhelp to create barriersto trade and thushinder the free movement of
goodswithin the Community;
Whereas, for this reason, in an initial stage, maximum levels should be
fixed for certain organochlorine compoundsin meat and meat productsand milk and milk products, which must be observed when these
productsare put into circulation;
Whereas, moreover, observance of the maximum levels will ensure that
the goodscan circulate freely and that the health of cons umersisprop-erly protected;
Whereas at the same time the Member States should be enabled to
authorize the monitoring of levels of pesticide residues in foodstuffsof animal origin produced and consumed in their territory by a moni-toring system and related measures so as to provide safeguardsequivalent to those resulting from the levels laid down;1986L0363 — EN — 27.03.2002 — 017.001 — 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.
▼B
Whereas it is normally sufficient to apply check sampling to fresh milk
or frozen cream at the dairy or when it isput on s ale to the finalconsumer; whereas, however, Member States should be authorized
also to apply check sampling to fresh milk and fresh cream at an earlier
stage;
Whereas it is not necessary to apply this Directive to products intended
for export to third countries;
WhereasMember Statess hould be allowed to reduce temporarily the
levelslaid down if they unexpectedly prove to be dangerousto humanor animal 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 foodstuffs 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 invol-ving close cooperation between the Member States and theCommission within the Standing Committee on Plant Health;
WhereasCouncil Directive 64/433/EEC of 26 June 1964 on health
problemsaffecting intra-Community trade in fres h meat(
1), aslas t
amended by Regulation (EEC) No 3768/85(2), Council Directive 72/
462/EEC of 12 December 1972 on health and veterinary problems
upon importation of bovine animals and swine and fresh meat from
third countries(3), aslas t amended by Regulation (EEC) No 3768/85,
and Council Directive 85/397/EEC of 5 August 1985 on health andanimal-health problemsaffecting intra-Community trade in heat-treatedmilk(
4), asamended by Regulation (EEC) No 3768/85, provide for the
fixing of permitted limits for pesticides with regard respectively to
fresh meat sent from one Member State to another, fresh meat importedfrom third countriesand heat-treated milk s ent from one Member Stateto another, and for the laying down of the required methodsofanalysis; and whereas maximum residue levels laid down in this Direc-tive should also apply for the purposes of those three Directives;
Whereasit isappropriate that Member Statesmake an annual report to
the Commission on the results of their control measures so as to enable
information concerning levels of pesticide residues to be collected for
the Community asa whole;
Whereasthe Council s hould review thisDirective 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 foodstuffs of animal origin listed
in Annex I, to the productsobtained from them after drying or proces -
sing and to the composite foods in which they are included, in so far asthey may contain pesticide residues.1986L0363 — EN — 27.03.2002 — 017.001 — 3
(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.▼M5
▼M5
2. ThisDirective s hall apply without prejudice to
(a) Council Directive 74/63/EEC of 17 December 1973 on the fixing
of maximum permitted levels for undesirable substances andproductsin feedings tuffs(
1);
(b) Commission Directive 91/321/EEC of 14 May 1991 on infant
formulae and follow-on formulae(2) and Commission Directive
96/5/EC of 16 February 1996 on processed cereal-based foods and
baby foodsfor infantsand young children(3). However, until
maximum levels have been established in accordance with Article6 of Directive 91/321/EEC or Article 6 of Directive 96/5/EC theprovisions of Article 5a (1) and 5a (3) to (6) of this Directive shall
apply for the productsconcerned.
3. This Directive shall also apply to products referred to in para-
graph 1 intended for export to third countries.
4. ThisDirective s hall not apply to the productsreferred to in para-
graph 1 where it can satisfactorily be proved that they are intended forthe manufacture of productsother than foods tuffsor animal feed.
Article 2
1. For the purposes of this Directive, ‘pesticide residues’ means resi-
dues of the pesticides and of their metabolites, and breakdown or
reaction products ►
M5 ◄, which are present in or on
the productsreferred 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
to human health as a result of the presence of pesticide residues.
2. Member Statesmay not prohibit or impede the putting into circu-
lation within their territoriesof the productsreferred to in Article 1 on
the grounds that they contain pesticide residues if the quantity of such
residues does not exceed the maximum levels specified in Annex II.
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 inAnnex II.
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 technical knowl-
edge.
2. In the case of dried and processed products for which maximum
levelsare not explicitly fixed in Annex II, the maximum res idue level
applicable shall be that laid down in Annex II, taking into account,respectively, the concentration caused by the drying process or theconcentration or dilution caused by processing. A concentration or dilu-tion factor covering the concentration and/or dilution caused by certaindrying or processing operations may be determined for certain dried or1986L0363 — EN — 27.03.2002 — 017.001 — 4
(1) OJ No L 38, 11. 2. 1974, p. 31. Directive aslas t amended by Directive 96/
25/EC (OJ No L 125, 23. 5. 1996, p. 35).
(2) OJ No L 175, 4. 7. 1991, p. 35. Directive aslas t amended by Directive 96/4/
EC (OJ No L 49, 28. 2. 1996, p. 12).
(3) OJ No L 49, 28. 2. 1996, p. 17.▼B
▼M5
▼M5
processed products in accordance with the procedure laid down in
Article 12.
3. In the case of composite foods which contain a mixture of ingre-
dientsand for which maximum res idue levelsare not fixed, the
maximum residue levels applied may not exceed the levels laid down
in Annex II, taking into account the relative concentrationsof theingredients in the mixture and also the provisions of paragraph 2.
4. Member States shall ensure, at least by check sampling, compli-
ance with the maximum levelsreferred to in paragraph 1. Thenecessary inspections and monitoring shall be carried out in accordancewith Council Directive 89/397/EEC of 14 June 1989 on the officialcontrol of foodstuffs(
1), except for Article 14 thereof, and Council
Directive 93/99/EEC of 29 October 1993 on the subject of additional
measures concerning the official control of foodstuffs(2), except for
Articles5, 6 and 8 thereof and any other relevant legal provis ionsforthe monitoring of residues in foodstuffs of animal origin.
Article 5
Where for a product belonging to a group referred to in Annex I, a
provisional maximum residue level application 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 productson the market(
3),
that level will be indicated in Annex II with a reference to that proce-
dure.
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) iseither legally produced and marketed or put into free
circulation and a Member State of destination as the Member Stateinto whose territory such product is introduced and put into circulationfor operationsother than trans it to another Member State or thirdcountry.
2. Member States shall introduce arrangements for establishing
maximum residue levels, whether permanent or temporary, for products
referred to in Article 1 (1), brought into their territoriesfrom a Member
State of origin, taking into account good agricultural practice in theMember State of origin, and without prejudice to conditions necessaryto protect 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 Articles4 (1) or 5,and
— that product, which satisfies the maximum residue levels applied by
itsMember State of origin, hasbeen s ubjected in the Member Stateof destination to measures whose effect is to prohibit or restrict itsputting into circulation, on the groundsthat 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 res idue levelsor hasaltered the levelslaid down in itslegislation, or it has made changes to its controls which are dispro-
portionate and/or discriminatory compared with those for its
domestic production, or the maximum residue level applied by theMember State of destination differs substantially from the corre-1986L0363 — EN — 27.03.2002 — 017.001 — 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 aslas t amended by Directive 96/
32/EC (OJ No L 144, 18. 6. 1996, p. 12).
▼M5
sponding levels established by other Member State of destination
represents a disproportionate level of protection compared with thelevel of protection applied by the Member State to pesticides
carrying a similar risk or to similar agricultural products or food-
stuffs,
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 daysof their application. The notification s hall documentthe factsinvolved;
(b) on the basis of the notification referred to in (a), the two Member
Statesconcerned s hall contact each other without delay in order toremove, 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 submit
all the requisite information to each other.
Within a period of three monthsof the notification referred to in
(a), the Member States concerned shall inform the Commission ofthe result of such contacts and in particular the measures they
intend to apply, if any, including the maximum residue level they
have agreed. The Member State of origin shall inform the otherMember States 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 residuelevel which shall be adopted in accordance with the procedurelaid down in Article 12.
In its proposal, the Commission shall take account of existing tech-
nical and scientific knowledge on the matter and in particular data
submitted by the Member States with an interest, especially thetoxicological assessment and estimated ADI, good agriculturalpractice and the trial data which the Member State of origin usedto establish the maximum residue level, together with the reasons
given by the Member State of destination for deciding on the
measures in question.
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
origin and/or other Member Stateswith an interes t, of the trial data
required 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 informedregarding 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 itsobligationsunder the Treaty, in
particular Articles30 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 technicalstandards and regulations(
1), shall not apply to measures adopted and
notified by Member Statesin accordance with paragraph 3 of thisArticle.
6. Detailed measures for the implementation of the procedure set out
in thisArticle may be adopted in accordance with the procedure laid
down in Article 11a.
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 Common1986L0363 — EN — 27.03.2002 — 017.001 — 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).▼B
▼B
Customs Tariff, the check sampling provided for shall be carried out at
the dairy or, if they are not delivered to a dairy, at the point of supplyto the consumer. Member States may nevertheless provide also for
check sampling from the time these products are first put into circula-
tion.
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 previousyear.
The Commission shall collate and combine this information and
process it, together with the results of the checks carried out in accor-dance with Directives86/362/EEC(
1) and 90/642/EEC(2).
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 accordance
with the procedure laid down in ►
M5Article 11a ◄. The existence
of Community analysis methods, to be used in cases of dispute, shallnot preclude the use by Member States of other scientifically validmethods capable of achieving comparable results.
2. Member Statess hall inform the other Member Statesand the
Commission of the use of other methods pursuant to paragraph 1.
3. Paragraphs1 and 2 s hall apply without prejudice to Community
veterinary inspection measures for checking pesticide residues inproducts referred to in Article 1, in particular those adopted pursuantto Directives64/433/EEC, 72/462/EEC and 85/397/EEC.
Article 9
1. Where a Member State, asa res ult of new information or of a
reassessment of existing information considers that a maximum levelfixed in Annex II endangershuman or animal health, and therefore
requiress wift action to be taken, that Member State may temporarily
reduce 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 14 and shall consult the MemberStateswithin the Standing Committee on Plant Health, hereinafterreferred to as‘the committee’; it s hall then deliver itsopinion forthwithand take the appropriate measures. The Commission shall immediately
notify the Council and the Member Statesof any meas urestaken. Any
Member State may refer the Commission's measures to the Councilwithin 15 daysof s uch notification. The Council acting by a qualifiedmajority may take a different decision within 15 days of the date onwhich the matter wasreferred to it.
3. If the Commission considers that the maximum levels laid down
in Annex II should be amended to resolve the difficulties mentioned inparagraph 1 and to guarantee public health protection, it shall initiate
the procedure laid down in Article 13, with a view to adopting those
amendments. In this case, the Member State which has taken measuresunder paragraph 1 may maintain them until the Council or the1986L0363 — EN — 27.03.2002 — 017.001 — 7
(1) OJ No L 221, 7. 8. 1986, p. 1. Directive aslas t amended by Directive 96/33/
EC (OJ No L 144, 18. 6. 1996, p. 35).
(2) OJ No L 350, 14. 12. 1990, p. 71. Directive aslas t amended by Directive
96/32/EC (OJ No L 144, 18. 6. 1996, p. 12).▼M5
▼B
▼M5
▼M5
Commission has taken a decision in accordance with the said proce-
dure.
Article 10
Without prejudice to the amendmentsmade to the Annexesin accor-
dance with Articles5, 5a (3) and 9, amendmentsto the Annexess hallbe adopted in accordance with the procedure laid down in Article 12,
having regard to current scientific and technical knowledge. In parti-
cular, when establishing maximum residue levels, account shall betaken of a relevant dietary intake risk assessment and of the numberand quality of the data available.
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 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 Treatyin the case of Decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember Stateswithin the committee s hall 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, 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 monthsfrom the date of referral to
the Council, the Council has not acted, the proposed measures shall beadopted 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 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 bedelivered by the majority laid down in Article 148 (2) of the Treatyin the case of Decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember Stateswithin the committee s hall 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 on 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 15 daysfrom the date of referral to the
Council, the Council has not acted, the proposed measures shall beadopted by the Commission.1986L0363 — EN — 27.03.2002 — 017.001 — 8
▼B
Article 12
1. Where the procedure laid down in thisArticle isto be followed,
the matterss hall be referred without delay to the Standing Committeeon Plant Health, hereinafter referred to asthe ‘Committee’, by its
chairman, either on hisown initiative or at the reques t 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 itsopinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty 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 s hall be weighted in themanner set out 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 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 themeasures to be taken. The Council shall act by a qualified majority.
5. If, on the expiry of a period of three monthsfrom the date of
referral to the Council, the Council hasnot acted, the propos ed
measures shall be adopted by the Commission, save where the Council
has decided against the measures by a simple majority.
Article 13
1. Where the procedure laid down in thisArticle isto be followed,
the matter shall be referred without delay to the Committee by its
chairman, either on hisown initiative or at the reques t 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 the
Commission. The votes of the representatives of the Member States
within the Committee shall be weighted in the manner set out in thatArticle. The Chairman shall not vote.
►
A13.◄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 isdelivered, the Commis -sion shall immediately submit to the Council a proposal on the
measures to be taken. The Council shall adopt the measures by a quali-
fied majority.
If, within 15 daysof the date onwhich the matter wasreferred to it, the
Council has not adopted any measures, the Commission shall adopt theproposed measures, except where the Council has voted by a singlemajority against the said measures.
Article 14
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to ensure that the amendments in AnnexII 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 monthsfrom their adoption, and within a1986L0363 — EN — 27.03.2002 — 017.001 — 9
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▼A1
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shorter implementation period when required for urgent reasons of
human health protection.
In order to safeguard legitimate expectations, Community legal imple-
menting actsmay provide for trans itional periodsfor the
implementation of certain maximum residue levels allowing the normalmarketing 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 report accompa-nied, if appropriate, by suitable proposals, shall re-examine thisDirective by 30 June 1991 at the latest.
Article 16
Member Statess hall 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 Commissionthereof.
Member States shall communicate to the Commission the texts of the
main provisions of national law which they adopt in the field governedby thisDirective.
Article 17
This Directive is addressed to the Member States.1986L0363 — EN — 27.03.2002 — 017.001 — 10
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ANNEX I
CN code Description
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 (fowlsof the s pecies
Gallus domesticus , ducks, geese, turkeys and Guinea fowls), fresh, chilled or
frozen
ex 0208 ►M9Other meat and edible meat offal of domestic pigeons, domestic rabbits
and game, 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
mealsof 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 fatsand oilsderived from milk
0406 Cheese and curd
0407 00 Birds' eggs, in shell, fresh, preserved or cooked0408 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 not
containing 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 offal or blood1986L0363 — EN — 27.03.2002 — 017.001 — 11
▼M1
ANNEX II
PARTA
Pesticide residuesMaximum levelsin mg/kg (ppm)
of fat, contained in meat, preparationsof
meat, offalsand animal fatslis ted in
Annex I under heading Nos
►M90201◄, 0202, 0203, 0204,
0205 00 00, 0206, 0207, ex 0208, 0209 00,
0210, 1601 00 and 1602 (1)(4)for cow'smilk and whole cream cow'smilk
listed in Annex I under heading No 0401:
for the other foodstuffs in heading Nos
0401, 0402, 0405 00 and 0406 in accor-
dance with (2)(4)of shelled fresh eggs, for birds' eggs and
egg yolkslis ted in Annex I under heading
Nos0407 00 and 0408 (3)(4)
1. ALDRIN/C148/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C150singly or combined, expressed as
dieldrin (HEOD)0,2 0,006 0,02
2. DIELDRIN (HEOD)
3. CHLORDANE (sum of cis- and trans-isomers and oxychlordane expressed
aschlordane)0,05 0,002 0,005
4. DDT (sum of p,p ′-DDT, o,p ′-DDT, p,p ′-DDE and p,p ′-TDE (DDD)
expressed as DDT)1 0,04 ►M90,05◄
5. ENDRIN 0,05 0,0008 0,005
6. HEPTACHLOR (sum of heptachlor and heptachlor epoxide, expressed as
heptachlor)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 0,028.2. beta-isomer 0,1 0,003 0,018.3. gamma-isomer (lindane) 2
ex 0204 sheepmeat1 other products0,008 0,1
9. CHLORPYRIFOS ►
M70,05 (*)
ex 0207 poultry meat ◄►M70,01 (*) ◄► M70,01 (*) ◄
10. CHLORPYRIFOS-METHYL ►M70,05 (*) ◄► M70,01 (*) ◄► M70,01 (*) ◄
11. CYPERMETHRIN including other mixtures of constituent isomers
(sum of isomers)►M70,05 (*)
ex 0207 poultry meat
0,2 other products ◄►M70,02◄► M70,05 (*) ◄▼B1986L0363 — EN — 27.03.2002 — 017.001 — 12▼M1
Pesticide residuesMaximum levelsin mg/kg (ppm)
of fat, contained in meat, preparationsof
meat, offalsand animal fatslis ted in
Annex I under heading Nos
►M90201◄, 0202, 0203, 0204,
0205 00 00, 0206, 0207, ex 0208, 0209 00,
0210, 1601 00 and 1602 (1)(4)for cow'smilk and whole cream cow'smilk
listed in Annex I under heading No 0401:
for the other foodstuffs in heading Nos
0401, 0402, 0405 00 and 0406 in accor-
dance with (2)(4)of shelled fresh eggs, for birds' eggs and
egg yolkslis ted in Annex I under heading
Nos0407 00 and 0408 (3)(4)
12. DELTAMETHRIN ►M70,05 (*)
ex 0207 poultry meat ◄►M70,05 (*) ◄
FENVALERATE and ESFENVALERATE:
13.1 sum of RR and SS isomers: 0207 poultry meat
other products0,02 (*)
0,20,02 (*) 0,02 (*)
13.2 sum of RR and SR isomers: 0207 poultry meat
other products0,02 (*)
0,050,02 (*) 0,02 (*)
14. PERMETHRIN
(sum of isomers)►M70,5◄► M70,05◄► M70,05◄
15. CYFLUTHRIN, including other mixed isomeric constituents (sum of
isomers)0,05 0,02 (*) 0,02 (*)
16. LAMBDA-CYHALOTHRIN, including other mixed isomeric constituents
(sum of isomers)0,5
(except 0207 poultrymeat)
0,02 (*)(0207 poultrymeat)0,05 0,02 (*)
17. METHIDATHION 0,02 (*) 0,02 (*) 0,02 (*)
18. PIRIMIPHOS-METHYL 0,05 (*) 0,05 (*) 0,05 (*)
19. ENDOSULFAN
Residue: sum of alpha and beta endosulfan and endosulfan sulphate expressed
asendos ulfan►
M100,1◄ 0,004 ►M100,1 (*) ◄
20. FENTIN
Residue: fentin expressed as triphenyltin cation0,05 (*) 0,05 (*) 0,05 (*)
21. FENBUTATIN OXIDE 0,05 (*) 0,05 (*) 0,05 (*)▼M11986L0363 — EN — 27.03.2002 — 017.001 — 13▼M10
▼M1
▼M2
▼M3
▼M4
Pesticide residuesMaximum levelsin mg/kg (ppm)
of fat, contained in meat, preparationsof
meat, offalsand animal fatslis ted in
Annex I under heading Nos
►M90201◄, 0202, 0203, 0204,
0205 00 00, 0206, 0207, ex 0208, 0209 00,
0210, 1601 00 and 1602 (1)(4)for cow'smilk and whole cream cow'smilk
listed in Annex I under heading No 0401:
for the other foodstuffs in heading Nos
0401, 0402, 0405 00 and 0406 in accor-
dance with (2)(4)of shelled fresh eggs, for birds' eggs and
egg yolkslis ted in Annex I under heading
Nos0407 00 and 0408 (3)(4)
22. TRIAZAPHOS ►M100,02 (*) ◄► M100,02 (*) ◄► M100,02 (*) ◄
23. DIAZINON (b) pig and poultrymeat 0,01 (*) (b)
24. DISULFOTON
Residue: sum of disulfoton, disulfoton sulphone expressed as disulfoton0,02 (*) 0,02 0,02 (*)
25. DICOFOL
Residue: sum of P, P ′and O, P ′isomers0,5 meat of cattle, sheep
and goats
0,1 meat of poultry0,05 (*) others0,02 0,05 (*)
26. ARAMITE 0,01 (*) 0,01 (*) 0,01 (*)
27. CHLORFENSON 0,05 (*) 0,05 (*) 0,05 (*)
28. CHLOROXURON 0,05 (*) 0,05 (*) 0,05 (*)
29. CHLORBENSIDE 0,05 (*) 0,05 (*) 0,05 (*)
30. METHOXYCHLOR 0,01 (*) 0,01 (*) 0,01 (*)
31. 1,1-DICHLORO-2,2-BIS (4-ETHYL-PHENYL-)ETHANE 0,01 (*) 0,01 (*) 0,01 (*)
32. BARBAN 0,05 (*) 0,05 (*) 0,05 (*)
33. CHLOROBENZILATE 0,1 (*) 0,1 (*) 0,1 (*)
34. AZINPHOS-ETHYL 0,05 (*) 0,05 (*) 0,05 (*)
35. PYRAZOPHOS 0,02 (*) 0,02 (*) 0,1 (*)
36. TECNAZENE 0,05 (*) 0,05 (*) 0,05 (*)
►M3(*) Indicateslower 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 ►C1isone tenth of the value ◄related to fat content,
but must be no less than 0,01 mg/kg.
(2) In determining the residues in raw cow's milk and whole cream cow's milk, a fat content of 4 % by weight should be taken as a basis. For the other foodstuff slis ted in Annex I under heading Nos0401, 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.▼M41986L0363 — EN — 27.03.2002 — 017.001 — 14▼M9
▼M13
▼M1
(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. ◄
►M4(b) Should levelsnot be adopted by ►M6at the latest 1 July 2000 ◄, the following maximum levelss hall apply: 0,05 (*). ◄▼M11986L0363 — EN — 27.03.2002 — 017.001 — 15
PARTB
Pesticide residuesMaximum levelsin mg/kg (ppm)
of meat, including fat, preparationsof
meat, offalsand animal fatslis ted in
Annex I under heading Nos
►M90201◄, 0202, 0203, 0204,
0205 00 00, 0206, 0207, ex 0208, 0209 00,
0210, 1601 00 and 1602for milk and milk productslis ted in Annex
I under heading Nos0401, 0402, 0405 00
and 0406of shelled fresh eggs, for birds' eggs and
egg yolkslis ted in Annex I under heading
Nos0407 00 and 0408
1. ACEPHATE 0,02 (*) 0,02 (*) 0,02 (*)
2. BENOMYL/C148/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/C150sum expressed as carbendazim ►
M70,1 (*) ◄► M70,1 (*) ◄► M70,1 (*) ◄ 3. CARBENDAZIM
4. THIOPHONATE METHYL5. CHLOROTHALONIL ►
M70,01 (*) ◄► M70,01 (*) ◄► M70,01 (*) ◄
6. GLYPHOSATE ►M70,5 ex 0206 pig kidney
2 ex 0206 cattle, goat and sheep
kidney
0,1 (*) other products ◄►M70,1 (*) ◄► M70,1 (*) ◄
7. IMAZALIL ►M70,02 (*) ◄► M70,02 (*) ◄► M70,02 (*) ◄
8. MANCOZEB/C148/C147/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/C147/C150sum expressed as CS
2►M70,05 (*) ◄► M70,05 (*) ◄► M70,05 (*) ◄9. MANEB
10. METIRAM
11. PROPINEB12. ZINEB
13. METHAMIDOPHOS 0,01 (*) 0,01 (*) 0,01 (*)
14. IPRODIONE/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150(sum of compounds and all metabo-
litescontaining the 3,5-
dichloroaniline moiety expressed as
3,5 dichloroaniline)►
M70,05 (*) ◄► M70,05 (*) ◄► M70,05 (*) ◄ 15. PROCYMIDONE
16. VINCLOZOLIN
17. FENARIMOL Ex 0208 (a)
liver + kidney0,02 (*) other products0,02 (*) 0,02 (*)
18. METALAXYL 0,5 (*) 0,05 (*) 0,05 (*)
19. BENALAXYL 0,5 (*) 0,05 (*) 0,05 (*)▼M11986L0363 — EN — 27.03.2002 — 017.001 — 16
▼M2
Pesticide residuesMaximum levelsin mg/kg (ppm)
of meat, including fat, preparationsof
meat, offalsand animal fatslis ted in
Annex I under heading Nos
►M90201◄, 0202, 0203, 0204,
0205 00 00, 0206, 0207, ex 0208, 0209 00,
0210, 1601 00 and 1602for milk and milk productslis ted in Annex
I under heading Nos0401, 0402, 0405 00
and 0406of shelled fresh eggs, for birds' eggs and
egg yolkslis ted in Annex I under heading
Nos0407 00 and 0408
20. DAMINOZIDE
(sum of daminozide and 1,1-dimethylhydrazine expressed as daminozide)0,05 0,05 (*) 0,05 (*)
21. ETHEPHON 0,05 (*) 0,05 (*) 0,05 (*)
22. PROPICONAZOLE Ex 0206 0,1 ruminant liver
0,05 (*) other products0,1 (*) 0,05 (*)
23. CARBOFURAN
(sum of carbofuran and 3-hydroxycarbofuran expressed as carbofuran)0,1 (*) 0,1 (*) 0,1 (*)
24. CARBOSULFAN 0,5 (*) 0,05 (*) 0,05 (*)
25. BENFURACARB 0,5 (*) 0,05 (*) 0,05 (*)26. FURATHIOCARB 0,5 (*) 0,05 (*) 0,05 (*)
27. METHOMYL 0,02 (*) 0,02 (*) 0,02 (*)
28. THIODICARB
Residue: sum of methomyl and thiodicarb expressed as methomyl
29. AMITRAZ Poultrymeat 0,02 (*)Residues: amitraz plus all metabolites containing 2,4 dimethylamiline
expressed as amitraz0,02 (*)
30. ALDICARB 0,01 (*) 0,01 (*) 0,01 (*)
Residue: sum of aldicarb, its sulfoxide and its sulfone expressed as aldicarb31. THIABENDAZOLE 0,1 0,1 (*)
Residue: sum of thiabendazole and 5-hydroxythiabendazole (with the exception of meat and
other ovine, bovine and caprine
products)
32. TRIFORINE 0,05 (*) 0,05 (*) 0,05 (*)
33. PROPOXUR 0,05 (*) 0,05 (*) 0,05 (*)▼M21986L0363 — EN — 27.03.2002 — 017.001 — 17 ▼M3
▼M4
Pesticide residuesMaximum levelsin mg/kg (ppm)
of meat, including fat, preparationsof
meat, offalsand animal fatslis ted in
Annex I under heading Nos
►M90201◄, 0202, 0203, 0204,
0205 00 00, 0206, 0207, ex 0208, 0209 00,
0210, 1601 00 and 1602for milk and milk productslis ted in Annex
I under heading Nos0401, 0402, 0405 00
and 0406of shelled fresh eggs, for birds' eggs and
egg yolkslis ted in Annex I under heading
Nos0407 00 and 0408
34. PROPYZAMIDE
Residue: sum of propyzamide and all metabolites containing the 3,5-dichloro-
benzoic acid fraction expressed as propyzamide0,05 fat, liver and kidney
0,02 (*) others0,01 (*) 0,02 (*)
35. PHORATE
Sum of phorate, its oxygen analogue and their sulphoxides and sulphones
expressed as phorate0,05 (*) 0,02 (*) 0,05 (*)
36. CHLORMEQUAT: liver of chicken
kidney of cattle
liver of cattleothers0,05
0,2
0,10,05 (*)0,05 0,05 (*)
37. DICOFOL
Residue: 1,1-bis-(parachloro-phenol)-2,2-dichloroethanol (PP ′FW152),
expressed as dicofol1,0 liver of cattle, sheep and
goats
38. AZOXYSTROBIN 0,05 (*) other productsof animal
origin0,01 (*)
39. CHLORBUFAM0,05 (*)
0,05 (*) 0,05 (*)
40. DIALLATE 0,2 (*) 0,2 (*) 0,2 (*)
41. KRESOXIM METHYL (residue 490M9 (
1) for milk and 490 M1 (2) for
meat, liver, fat and kidney expressed as kresoxim methyl)
0,02 (*)(p) meat, liver, fat
0,05 (p) kidney
0,05 (*)(p)▼M41986L0363 — EN — 27.03.2002 — 017.001 — 18▼M10
▼M4
▼M8
▼M9
▼M11
Pesticide residuesMaximum levelsin mg/kg (ppm)
of meat, including fat, preparationsof
meat, offalsand animal fatslis ted in
Annex I under heading Nos
►M90201◄, 0202, 0203, 0204,
0205 00 00, 0206, 0207, ex 0208, 0209 00,
0210, 1601 00 and 1602for milk and milk productslis ted in Annex
I under heading Nos0401, 0402, 0405 00
and 0406of shelled fresh eggs, for birds' eggs and
egg yolkslis ted in Annex I under heading
Nos0407 00 and 0408
42. KRESOXIM METHYL 0,02 (*)(p)
43. SPIROXAMINE CARBOXYLIC ACID expressed as spiroxamine 0,2 (p) ex 0206 kidney, liver
0,05 (p) (*) other products0,02 (p) 0,05 (p) (*)
44. DINOTERB 0,05 (*) 0,05 (*) 0,05 (*)
45. DNOC 0,05 (*) 0,05 (*) 0,05 (*)
46. PROPHAM 0,05 (*) 0,05 (*) 0,05 (*)
47. MONOLINURON 0,05 (*) 0,05 (*) 0,05 (*)
48.PROHEXADIONE (prohexadione and its salts expressed as prohexadione) 0,05 (p) (*) 0,01 (p) (*) 0,05 (p) (*)
49. FLUROXYPYR 0,5 (p)ex 0 206 Kidney
0,05 (*) (p) other products0,05 (*) (p) 0,05 (*) (p)
50. PYMETROZINE 0,01 (*) (p) 0,01 (*) (p) 0,01 (*) (p)
►M4(*) Indicateslower limit of analytical detection. ◄
►M2(a) Asfrom ►M6at the latest 1 July 2000 ◄and save for adoption of other levels, the following maximum limit shall apply: 0,02. ◄
►M11(p) Indicates provisional maximum residue level.
(1) 490M9 = 2-[2-(4-hydroxy-2-methylphenoxymethyl)phenyl]-2-methoxy-iminoacetic acid.
(2) 490M1 = 2-methoxyimino-2-[2-(o-tolyloxymethyl)phenyl]acetic acid. ◄
►M14(p) Indicates provisional maximum residue level established in accordance with Article 4(1)(f) of Directive 91/414/EEC: all provisional maximum res idue levels for these pesticide residues will be treated as definitive in
accordance with Article 10 of the Directive with effect from four yearsafter the entry into force of thisDirective. ◄▼M111986L0363 — EN — 27.03.2002 — 017.001 — 19▼M12
▼M13
▼M14
▼M15
▼M16
▼M1