1986L0362 — EN — 27.09.2002 — 026.001 — 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 forpesticideresiduesinandoncereals
(86/362/EEC)
(OJ L 221, 7.8.1986, p. 37)
Amended by:
Official Journal
No page date
►M1Council Directive 88/298/EEC of 16 May 1988 L 126 53 20.5.1988
►M2Council Directive 90/654/EEC of 4 December 1990 L 353 48 17.12.1990
►M3Council Directive 93/57/EEC of 29 June 1993 L 211 1 23.8.1993
►M4Council Directive 94/29/EC of 23 June 1994 L 189 67 23.7.1994
►M5Council Directive 95/39/EC of 17 July 1995 L 197 29 22.8.1995
►M6Council Directive 96/33/EC of 21 May 1996 L 144 35 18.6.1996
►M7Council Directive 97/41/EC of 25 June 1997 L 184 33 12.7.1997
►M8Commission Directive 97/71/EC of 15 December 1997 L 347 42 18.12.1997
►M9Commission Directive 98/82/EC of 27 October 1998 L 290 25 29.10.1998
►M10Commission Directive 1999/65/EC of 24 June 1999 L 172 40 8.7.1999
►M11Commission Directive 1999/71/EC of 14 July 1999 L 194 36 27.7.1999
►M12Commission Directive 2000/24/EC of 28 April 2000 L 107 28 4.5.2000
►M13Commission Directive 2000/42/EC of 22 June 2000 L 158 51 30.6.2000
►M14Commission Directive 2000/48/EC of 25 July 2000 L 197 26 3.8.2000
►M15Commission Directive 2000/58/EC of 22 September 2000 L 244 78 29.9.2000
►M16Commission Directive 2000/81/EC of 18 December 2000 L 326 56 22.12.2000
►M17Commission Directive 2000/82/EC of 20 December 2000 L 3 18 6.1.2001
►M18Commission Directive 2001/39/EC of 23 May 2001 L 148 70 1.6.2001
►M19Commission Directive 2001/48/EC of 28 June 2001 L 180 26 3.7.2001
►M20Commission Directive 2001/57/EC of 25 July 2001 L 208 36 1.8.2001
►M21Commission Directive 2002/23/EC of 26 February 2002 L 64 13 7.3.2002
►M22Commission Directive 2002/42/EC of 17 May 2002 L 134 29 22.5.2002
►M23Commission Directive 2002/66/EC of 16 July 2002 L 192 47 20.7.2002
►M24Commission Directive 2002/71/EC of 19 August 2002 L 225 21 22.8.2002
►M25Commission Directive 2002/76/EC of 6 September 2002 L 240 45 7.9.2002
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
1986L0362 — EN — 27.09.2002 — 026.001 — 2
Corrected by:
►C1Corrigendum, 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
cereals
(86/362/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 production playsa very important role in the Commu-
nity;
Whereasthe yield from that production iscontinually affected by
harmful organisms and weeds;
Whereas it is absolutely essential to protect plants and plant products
against these organisms, not only to prevent a reduction in yield ordamage to the products harvested but also to increase agricultural
productivity;
Whereasone of the mos t important methodsof protecting plantsand
plant products from the effect of these harmful organisms is the useof chemical pesticides;
Whereas, however, these pesticides do not have only a favourable
effect on plant production, since they are generally toxic substances orpreparations with dangerous side-effects;
Whereas a large number of these pesticides and of their metabolites or
breakdown productsmay have harmful effectson cons umersof plant
products;
Whereas these pesticides and the contaminants which may accompany
them can present dangers for the environment;
Whereas, in order to deal with these dangers, several Member States
have already fixed maximum levelsfor certain res iduesin and oncereals;
Whereasthe differenceswhich exis t between Member Statesasregards
the maximum permissible levels for pesticide residues can help 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 active substances in cereals, which must be observedwhen these products are put into circulation;
Whereas, moreover, observance of the maximum levels will ensure that
the cerealscan circulate freely and that the health of cons umersis
properly protected;
Whereas at the same time the Member States should be enabled to
authorize the monitoring of levels of pesticide residues in cerealsproduced and consumed in their territory by a system of surveillanceand related measures so as to provide safeguards equivalent to thoseresulting from the levels laid down;1986L0362 — EN — 27.09.2002 — 026.001 — 3
(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, in special cases, particularly of volatile liquid or gaseous
fumigants, Member States should be authorized to permit for cereals,not intended for immediate consumption, higher maximum levels than
those laid down, provided that a suitable check is made to ensure that
these products are not placed at the disposal of the end user orconsumer until the residue content thereof no longer exceeds themaximum permissible levels;
Whereas it is not necessary to apply this Directive to products intended
for export to third countries, for the manufacture of products other thanfoodstuffs or for sowing;
WhereasMember Statess hould be allowed the reduce temporarily the
levelslaid down if they unexpectedly prove to be dangerousto human
or animal health;
Whereas it is appropriate in that case to establish close cooperation
between the Member States and the Commission within the Standing
Committee on Plant Health;
Whereas, in order to guarantee compliance with this Directive when
the productsin ques tion are put into circulation, the Member Statesmust 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;
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 products listed in Annex I, to the
products obtained from them after drying or processing and to the
composite foods in which they are included, in so far as they may
contain pesticide residues.
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 and
productsin feedings tuffs(1);
(b) Council Directive 76/895/EEC of 23 November 1976 relating to
the fixing of maximum levels for pesticide residues in and on fruitand vegetables(
2);
(c) Council Directive 90/642/EEC of 27 November 1990 on fixing of
maximum levels for pesticide residues in and on certain products ofplant origin, including fruit and vegetables(
3);1986L0362 — EN — 27.09.2002 — 026.001 — 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 340, 9. 12. 1976, p. 26. Directive aslas t amended by Directive 96/
32/EC (OJ L 144, 18. 6. 1996, p. 12).
(3) 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).▼M7
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(d) Commission Directive 91/321/EEC of 14 May 1991 on infant
formulae and follow-on formulae(1) and Commission Directive
96/5/EC of 16 February 1996 on processed cereal-based foods and
baby foodsfor infantsand young children(2). 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 (3) to (6) of this Directive shallapply for the productsconcerned.
3. This Directive shall also apply to products referred to in para-
graph 1 intended for export to third countries. However, maximum
pesticide residue levels set in accordance with this Directive shall notapply in the case of products treated before export where it can besatisfactorily proved that:
(a) the third country of destination requires a particular treatment in
order to prevent the introduction of harmful organisms into its terri-tory; or
(b) the treatment is necessary in order to protect the products against
harmful organisms during transport to the third country of destina-tion and storage there.
4. ThisDirective s hall not apply to the productsreferred to in para-
graph 1 where it can satisfactorily be proved that they are intended for:
(a) the manufacture of productsother than foods tuffsor animal feed;
or
(b) sowing or planting.
Article 2
1. For the purposes of this Directive, ‘pesticide residues’ means resi-
dues of the pesticides and of their metabolites, and breakdown orreaction products ►
M7 ◄, 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 products
referred 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 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. Notwithstanding Article 6, the products referred to in Article 1
shall not contain, from the time they are put into circulation, pesticide
residue levels higher than those specified in the list referred to in
Annex 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 level1986L0362 — EN — 27.09.2002 — 026.001 — 5
(1) 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).
(2) OJ No L 49, 28. 2. 1996, p. 17.▼B
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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 certain
drying or processing operations may be determined for certain dried orprocessed products in accordance with the procedure laid down inArticle 12.
3. In the case of composite foods which contain a mixture of ingre-
dientsand for which maximum res idue levelsare not fixed, themaximum residue levels applied may not exceed the levels laid down
in Annex II, taking into account the relative concentrationsof the
ingredients 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.
Article 5
Where for a product belonging to a group referred to in Annex I, a
provisional maximum residue level applicable 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),
thislevel 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 inArticle 1 (1) iseither legally produced and marketed or put into free
circulation, and a Member State of destination as the Member State
into 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 productsreferred to in Article 1 (1), brought into their territoriesfrom a MemberState of origin, taking into account good agricultural practice in the
Member State of origin, and without prejudice to conditions necessary
to 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 State
of destination to measures whose effect is to prohibit or restrict its
putting 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 its1986L0362 — EN — 27.09.2002 — 026.001 — 6
(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).
▼M7
legislation, or it has made changes to its controls which are dispro-
portionate and/or discriminatory compared with those for itsdomestic production, or the maximum residue level applied by the
Member State of destination differs substantially from the corre-
sponding levels established by other Member States, or themaximum residue level applied by the Member State of destinationrepresents 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 datarequired 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 this
Article.
6. Detailed measures for the implementation of the procedure set out
in thisArticle may be adopted in accordance with the procedure laiddown in Article 11a.1986L0362 — EN — 27.09.2002 — 026.001 — 7
(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
Article 6
Member Statesmay authorize the pres ence in and on the products
referred to in Article 1 of the pesticide residues listed in Part B of
Annex II in greater quantities than those specified therein, provided
that those products are not intended for immediate consumption andan appropriate control system ensures that they cannot be made avail-able to the end user or to the consumer, if they are supplied directly tothe latter, until the residues no longer exceed the maximum levels
specified in Part B. They shall inform the other Member States and
the Commission of the measures taken. These measures shall be applic-able to all productscovered thereby, irres pective of the origin of theproducts.
Article 7
1. Member States shall designate and authority to ensure that the
monitoring specified in Article 4 (4) is carried out.
2. (a) By ►
M1030 September ◄each year, Member Statess hall
send to the Commission their forward national monitoringprogrammesfor the following calendar year. Thes e forward
programmes shall specify at least:
— the products to be inspected and the number of inspections to
be carried out,
— the pesticide residues to be inspected,— the criteria applied in drawing up these programmes.
(b) By ►
M1031 December ◄each year, the Commission shall
submit to the Standing Committee on Plant Health a draftrecommendation setting out a coordinated Community moni-toring programme identifying the taking of specific samples tobe included in the national monitoring programmes. The recom-
mendation shall be adopted in accordance with the procedure
laid down in Article 11b. The basic objective of the Communitymonitoring programme shall be to make optimum use atCommunity level of the sampling of cereals included in thegroupslis ted in Annex I, produced in the Community orimported into it, when problemshave been identified, in order
to ensure compliance with the maximum levels for pesticide
residues set out in Annex II.
3. By 31 August each year, Member States shall send to the
Commission and the other Member States the results of the analysesof the samples taken during the previous year under their national
monitoring programmesand under the coordinated Community moni-
toring programme. The Commission shall collate and compile thisinformation together with the results of the checks carried out in accor-dance with Directives86/363/EEC(
1) and 90/642/EEC and analyse:
— infringements of the maximum residue levels, and
— the average actual levelsof res iduesand their relative valueswith
respect to the maximum residue levels established.
The Commission should progressively work towards a system, when
preparing the coordinated monitoring programme, which could permitthe estimation of actual pesticide dietary exposure.
The Commission shall forward this information to the Member States
in the framework of the Standing Committee on Plant Health before
►
M1031 December ◄for each year, for review and adoption of
any necessary measures such as:
— any action to be taken at Community level in the case of reported
infringementsof the maximum levels ,
— the desirability of publication of the collated and compiled informa-
tion.1986L0362 — EN — 27.09.2002 — 026.001 — 8
(1) OJ No L 221, 7. 8. 1986, p. 43. Directive aslas t amended by Directive 96/
33/EC (OJ No L 144, 18. 6. 1996, p. 35).▼M7
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4. The following may be adopted in accordance with the procedure
laid down in Article 11a:
(a) amendments to paragraphs 2 and 3 of this Article in so far as these
amendmentsconcern the datesfor notification;
(b) detailed implementing rules necessary for proper functioning of the
provisions of paragraphs 2 and 3.
5. Not later than 31 December 1999 the Commission shall forward
to the Council a report on the application of thisArticle, accompanied,if necessary, by any appropriate proposals.
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 ►
M7Article 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 other methods used pursuant to paragraph 1.
Article 9
1. Where a Member State, asa res ult of new information or of a
reassessment of existing information considers that a maximum level
fixed in Annex II endangershuman or animal health, and thereforerequiress wift action to be taken, that Member State may temporarilyreduce 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 1 and shall consult the MemberStateswithin the Standing Committee on Plant Health, hereinafterreferred to as‘the committee’; it s hall then deliver itsopinion forthwith
and take the appropriate measures. The Commission shall immediately
notify the Council and the Member Statesof any meas urestaken. AnyMember 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 initiatethe procedure laid down in Article 13, with a view to adopting thoseamendments. In this case, the Member State which has taken measures
under paragraph 1 may maintain them until the Council or the
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 hall
be 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.1986L0362 — EN — 27.09.2002 — 026.001 — 9
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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 laydown according to the urgency of the matter. The opinion shall bedelivered by the 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 theMember Stateswithin the Committee s hall be weighted in the mannerset 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 be
adopted 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 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, without
delay, submit to the Council a proposal relating to the measures to be
taken. 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.
Article 12
1. Where the procedure laid down in thisArticle isto be followed,
the matter shall be referred without delay to the Standing Committee
on Plant Health, hereinafter referred to asthe ‘Committee’, by its
chairman, either on hisown initiative or at the reques t of a MemberState.
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 the1986L0362 — EN — 27.09.2002 — 026.001 — 10
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▼M7
Treaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives ofthe Member Stateswithin the committee s hall be weighted in the
manner 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 withe 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 edmeasures shall be adopted by the Commission, save where the Councilhas 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 on which the matter wasreferred to it,
the Council has not adopted any measures, the Commission shall adopt
the proposed measures except where the Council has voted by a simplemajority 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 a
maximum period of eight monthsfrom their adoption, and within ashorter implementation period when required for urgent reasons ofhuman health protection.
In order to safeguard legitimate expectations, Community legal imple-
menting actsmay provide for trans itional periodsfor theimplementation 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-1986L0362 — EN — 27.09.2002 — 026.001 — 11
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▼B
▼B
nied, if appropriate, by suitable proposals, shall re-examine this Direc-
tive 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 Commission
thereof.
Member States shall communicate to the Commission the texts of the
main provisions of national law which they adopt in the field governedby thisDirective.
However, the Federal Republic of Germany ishereby authorized to
place on the market in the territory of the former German Democratic
Republic, until 31 December 1992 at the latest, Annex I products
whose hydrogen cyanide level exceeds that fixed in Annex II; thisderogation shall apply only to products originating in the territory ofthe former German Democratic Republic.
The permitted levels may under no circumstances exceed those applic-
able under the legislation of the former German Democratic Republic.
The Federal Republic of Germany shall ensure that the products in
question are not introduced into parts of the Community other than
the territory of the former German Democratic Republic.
Article 17
This Directive is addressed to the Member States.1986L0362 — EN — 27.09.2002 — 026.001 — 12
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ANNEX I
CN code Description
ex 1001 Wheat
1002 00 00 Rye
1003 00 Barley
1004 00 Oats
1005 Maize
1006 Rice
1007 00 Grain sorghum
ex 1008 Buckwheat, millet, other cereals1986L0362 — EN — 27.09.2002 — 026.001 — 13
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ANNEX II
PART A
Pesticide residues Maximum levelsin mg/kg (ppm)
1. aldrin/C148/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C150singly or combined, expressed as dieldrin (HEOD)2. dieldrin (HEOD) 0,01
3. total inorganic bromide, expressed in Br ions 50
4. carbaryl 1: rice
0,5: other cereals
5. chlordane (sum of cis- and trans-isomers) 0,02
6. DDT (sum of DDT-, TDB- and DDE-isomers, expressed as DDT) 0,05
7. diazinon ►M130,02 (*) ◄
8. 1,2-dibromethane (ethylene dibromide) 0,01 (1)
9. dichlorvos 2
10. endosulfan (sum of alpha- and beta-isomers and of endosulfan sulphate, expressed as endosulfan) ►M130,05 (*) ◄
11. endrin 0,01
12. heptachlor (sum of heptachlor and heptachlor epoxide, expressed as heptachlor) 0,0113. hexachlorobenzene (HCB) 0,01
14. hexachlorocyclohexane (HCH)
14.1. alpha-isomer/C148/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C150sum0,02
14.2. beta-isomer
14.3. gamma-isomer (lindane) 0,1 (
2)
15. malathion (sum of malathion and malaoxon, expressed as malathion) 816. phosphamidon 0,05
17. pyrethrins(s um of pyrethrinsI and II, cinerinsI and II, jas molinsI and II) 3
18. trichlorfon 0,1
19. captafol 0,05
20. ACEPHATE 0,02 (*)▼B1986L0362 — EN — 27.09.2002 — 026.001 — 14
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Pesticide residues Maximum levelsin mg/kg (ppm)
21. BENOMYL/C148/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/C150sum expressed as carbendazim►
M90,1 (*) ◄
22. CARBENDAZIM
23. THIOPHANATE-METHYL
24. CHLORPYRIFOS ►M90,2◄: barley
►M90,05 (*): oatsand rye ◄
►M90,05 (*) ◄: other cereals
25. CHLORPYRIFOS-METHYL ►M93◄
26. CHLORTHALONIL ►M90,1◄: wheat, rye, barley, oatsand triticale
►M90,01 (*) ◄: other cereals
27. CYPERMETHRIN, including other mixtures of constituent isomers
(sum of isomers)►M90,2◄:►M9barley and oats ◄
►M90,05 (*) ◄: other cereals
28. DELTAMETHRIN ►M91◄
29. FENVALERATE and ESFENVALERATE
29.1. Sum of RR and SS isomers 0,2: barley and oats
0,05: wheat, rye and triticale0,02 (*): other cereals
29.2. Sum of RS an SR isomers 0,05: barley and oats
0,02 (*): other cereals
30. GLYPHOSATE ►
M95◄: wheat, rye and triticale
►M920◄: barley, oats ►M9and sorghum ◄
►M90,1 (*) ◄: other cereals
31. IMAZALIL ►M90,02 (*) ◄
32. IPRODIONE ►M90,5◄: wheat
►M91◄: barley ►M9 ◄
►M93: rice ◄
►M90,02 (*) ◄: other cereals▼M31986L0362 — EN — 27.09.2002 — 026.001 — 15▼M13
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Pesticide residues Maximum levelsin mg/kg (ppm)
33. MANCOZEB/C148/C147/C147/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/C147/C147/C150sum expressed as CS
2►M9 ◄
►M92: barley and oats ◄
►M91: rye and wheat ◄
►M90,05 (*) ◄: other cereals34. MANEB
35. METIRAM36. PROPINEB37. ZINEB38. METHAMIDOPHOS 0,01 (*)
39. PERMETHRIN
(sum of isomers)►
M90,2◄: maize
►M92◄: other cereals
40. PROCYMIDONE ►M90,02 (*) ◄
41. VINCLOZOLIN
(sum of vinclozolin and all metabolites containing the 3,5-dichloroaniline molety, expressed as vinclozolin)0,05 (*)
42. CYFLUTHRIN, including other mixed isomeric constituents (sum of isomers) 0,05 (**): maize
0,02 (**): other cereals
43. METALAXYL 0,05 (**)
44. BENALAXYL 0,05 (**)
45. FENARIMOL ►M130,02 (*) ◄
46. PROPICONAZOLE 0,05 (**)
47. DAMINOZIDE, (sum of daminozide and 1,1-dimethylhydrazine expressed as daminozide) 0,02 (**)
48. LAMBDA-CYHALOTHRIN 0,05: barley
0,02 (**): other cereals
49. ETHEPHON (a): maize
0,2: wheat and triticale0,5: barley and rye►
M130,05 (*) ◄: other cereals
50. CARBOFURAN (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran) ►M130,1 (*) ◄
51. CARBOSULFAN 0,05 (**)
52. BENFURACARB ►M130,05 (*) ◄
53. FURATHIOCARB 0,05 (**)▼M31986L0362 — EN — 27.09.2002 — 026.001 — 16▼M4
Pesticide residues Maximum levelsin mg/kg (ppm)
54. METHIDATHION 0,02 (***)
55. METHOMYL THIODICARB
Residue: sum of methomyl and thiodicarb expressed as methomyl0,05 (***)
56. AMITRAZ
Residue: amitraz plus all metabolites containing 2,4 demethylaniline expressed as amitraz0,02 (***)
57. PIRIMIPHOS-METHYL 5
58. ALDICARB
Residue: sum of aldicarb, its sulfoxide and its sulfone expressed as aldicarb0,05 (***)
59. THIABENDAZOLE ►M130,05 (*) ◄
60. TRIFORINE 0,1 wheat, rye, triticale, barley, oats
0,05 (****) other cereals
61. ENDOSULFAN
Residue: sum of alpha and beta endosulfan sulphate expressed as endosulphate►M130,05 (*) ◄
62. FENBUTATIN OXIDE 0,05 (****)
63. TRIAZAPHOS ►M130,02 (*) ◄
64. DIAZINON ►M130,02 (*) ◄
65. MECARBAM 0,05 (****) cereals
66. FENTIN
Residue: fentin expressed as triphyltin cation0,05 (****)
67. PHORATE
Residue: sum of phorate, its oxygen analogue and their sulfoxides and sulphones expressed as phorate►M130,05 (*) ◄
68. DICOFOL
Residue: sum of P, P ′and O, P ′isomers0,02 (****)
69. CHLORMEQUAT 5 oats
2 wheat, rye, triticale, barley(b) maize
►
M130,05 (*) ◄others
70. PROPYZAMIDE 0,02 (****)▼M41986L0362 — EN — 27.09.2002 — 026.001 — 17▼M5
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Pesticide residues Maximum levelsin mg/kg (ppm)
71. PROPOXUR 0,05 (****)
72. DISULFOTON
Residue: sum of disulfoton, disulfoton sulphoxide and disul-
foton sulphone expressed as disulfoton0,1 wheat
0,2 barley, sorghum0,02 (****) others
73. azoxystrobin 0,3: wheat, rye, triticale, barley
0,05 (p) (*****): other cereals
74. Barban 0,05 (******)
75. Chlorobenzilate 0,02 (******)
76. Chlorbufam 0,05 (******)
77. Chlorbenside 0,01 (******)
78. Chloroxuron 0,05 (******)
79. Aramite 0,01 (******)
80. Chlorfenson 0,01 (******)
81. Methoxychlor 0,01 (******)
82. 1,1-dichloro-2,2-bis(4-ethyl-phenyl-) ethane 0,01 (******)
83. Diallate 0,05 (******)
84. Azoxystrobin 5: rice
85. Kresoxim Methyl 0,05 (*****) (p): cereals
86. Spiroxamine 0,3 (p): barley and oats
0,05 (p) (*****): other cereals
87. Azinphos-ethyl 0,05 (*)
88. Chlozolinate 0,05 (*)
89. Dinoterb 0,05 (*)
90. DNOC 0,05 (*)
91. Monolinuron 0,05 (*)▼M61986L0362 — EN — 27.09.2002 — 026.001 — 18▼M11
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Pesticide residues Maximum levelsin mg/kg (ppm)
92. Propham 0,05 (*)
93. Pyrazophos 0,05 (*)
94. Tecnazene 0,05 (*)
95. Azimsulfuron 0,02 (*) (p): cereals
96. Prohexadione (prohexadione and its salts expressed as prohexadione 0,2 (p): wheat and barley
0,05 (p) (*): other cereals
97. Azoxystrobin 0,3 (q): oats
98. Fluroxypyr including its esters expressed as fluroxypyr 0,1 (p): barley, oats, rye, triticale and wheat
0,05 (*) (p): other cereals
99. Flupyrsulfuron-methyl 0,02 (*) (r): cereals
100. Pymetrozine 0,02 (*) (r): cereals
101. Bentazone (sum of bentazone and the conjugates of 6-OH- and 8-OH-bentazone expressed as bentazone) 0,1 (p) (*): cereals
102. Pyridate (sum of pyridate, its hydrolysis product CL 9673 (6-chloro-4-hydroxy-3-phenylpyridazin) and hydrolysable conjugates
of CL 9673 expressed as pyridate)0,05 (p) (*): cereals
103. Lindane 0,01 (*): cereals
104. Quintozene (sum of quintozene, and pentachloro-aniline expressed as quintozene) 0,02 (*): cereals105. Permethrin (sum of isomers) 0,05 (*): cereals
106. Parathion 0,05 (*): cereals
107. Oxydemeton-methyl (sum of oxydemeton-methyl and demeton-S-methylsulfone expressed as oxydemeton-methyl) 0,1: barley and oats
0,02 (*): other cereals
108. Dimethoate (sum of dimethoate and omethoate expressed as dimethoate) 0,3: wheat, rye and triticale,
0,02 (*): other cereals▼M171986L0362 — EN — 27.09.2002 — 026.001 — 19▼M18
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Pesticide residues Maximum levelsin mg/kg (ppm)
109. Formothion 0,02 (*): cereals
110. Metsulfuron-methyl 0,05 (*) (p): cereals
(1) During a transitional period expiring no later than 30 June 1991, Member States whose monitoring authorities are as yet unable to determine the resid ues at the set level of 0,01 mg/kg in a routine manner may use methods
with determination limitsnot exceeding 0,05 mg/kg.
(2) Asfrom 1 January 1990.
►M3(*) Indicateslower limit of analytical determination. ◄
►M4(**) Indicatesother limit of analytical determination.
(a) Asfrom ►M8at the latest 1 July 2000 ◄and save for adoption of other levels, the following maximum limits shall apply as indicated:
(a): 0,05 (**). ◄
►M5(***) Indicateslower limit of analytical determination. ◄
►M6(****) Indicateslower level of analytical detection.
(b) Should levelsnot be adopted by ►M8at the latest 1 July 2000 ◄the following levelss hall apply asindicated thereafter:
(b) 0,05 (****) ◄
►M11(*****) Indicateslower limit of analytical determination.
(p) Indicates provisional maximum residue level. ◄
►M12(******) Indicateslower limit of analytical determination. ◄
►M22(p) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become de finitive with effect from 4 yearsfrom date of coming into force of the
Directive introducing thisamendment. ◄
►M19(q) Indicates provisional maximum residue level established in accordance with Directive 91/414/EEC Article 4(1)(f); all provisional maximum resid ue levels for these pesticide residues will be treated as defintive in
accordance with Article 10 of the Directive with effect from 1 August 2003. ◄
►M21(r) Indicates provisional maximum residue level. For those agricultural products listed in Annex II to Directive 86/362/EEC, where the maximum residu e levelsfor flupyrs ulfuron-methyl and pymetrozine are indicated as
‘(r)’, this shall mean that they are provisional in accordance with the provisions of Article 4(1)(f) of Directive 91/414/EEC. ◄▼M241986L0362 — EN — 27.09.2002 — 026.001 — 20▼M25
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PART B
Pesticide residuesMaximum levelsin mg/kg
(ppm)
1. bromomethane (methyl bromide) 0,1
2. carbon disulphide 0,1
3. carbon tetrachloride 0,1
4. hydrogen cyanide, cyanides expressed as hydrogen cyanide 15
5. hydrogen phosphide, phosphides expressed as hydrogen phosphide 0,11986L0362 — EN — 27.09.2002 — 026.001 — 21