1976L0895 — EN — 01.01.1981 — 002.001 — 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 of28 March 1980 L 102 26 19.4.1980
Amended by:
►A1Act ofAccession ofGreece L 291 17 19.11.1979
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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 ofthe European Parliament (1),
Having regard to the opinion ofthe Economic and Social Commit-
tee (2),
Whereas crop production plays an important role in the European Eco-
nomic Community;
Whereas the yield from that production is continually affected by
harmful organisms of either animal or vegetable origin and also by
viruses;
Whereas it is absolutely essential to protect plants against these organ-
isms, not only to prevent a reduction in yield but also to increase agri-
cultural productivity;
Whereas one ofthe most important methods ofprotecting plants and
plant products from the effect of these harmful organisms is by theuse ofchemical 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 ofthese pesticides and oftheir metabolized
or breakdown products may have harmful effects on consumers ofplant products;
Whereas these pesticides should not be used in circumstances which
could present a risk to human or animal life;
Whereas different methods exist in certain Member States for avoiding
this risk; whereas some of these States have fixed different levels for
the maximum content ofthe residues ofcertain pesticides in or on
treated plants and plant products which must be observed when theseproducts are put into circulation;
Whereas the differences which exist between Member States for the
maximum permissible levels for pesticide residues can help to create
barriers to trade and thus hinder the free movement of goods withinthe Community; whereas for this reason certain maximum levelsshould be fixed which may be applied by the Member States;
Whereas in fixing these maximum levels the requirements of plant
production and the need to protect human and animal health must bereconciled;
Whereas, initially, maximum levels should be fixed for the residues of
certain pesticides in and on fruit and vegetables taking into account
the fact that fruit and vegetables are generally intended for humanconsumption and, on occasions, for animal feed; whereas these maxi-mum levels must represent the lowest possible levels;
Whereas the free circulation throughout the Community of products
with a level ofresidue ofcertain pesticides less than or equal to themaxima fixed in Annex II should be assured; whereas at the same1976L0895 — EN — 01.01.1981 — 002.001 — 2
(1) OJ No C 97, 28. 7. 1969, p. 35.
(2) OJ No C 40, 25. 3. 1969, p. 4.
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time Member States should be allowed to permit the circulation in
their territory, without discrimination and in cases where they considerthis justified, of products which have a content higher than the said
maxima either by fixing or by refraining from fixing maximum levels
for them;
Whereas it is not necessary to apply the provisions ofthis Directive to
fruit and vegetables intended for export to third countries;
Whereas, nevertheless, the maximum levels fixed in Annex II could
unexpectedly prove dangerous to human or animal health; whereas
Member States should therefore be allowed in that case to reduce tem-porarily 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 pro-
ducts 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 ofsample-taking and Community methods ofanalysis;
Whereas the f ixing ofmethods ofsampling and analysis is a technical
and scientific implementing measure; whereas in order to facilitate theadoption thereof, the rules relating to those samples and analyses
should be laid down by means ofa procedure establishing close coop-
eration between the Member States and the Commission within theStanding Committee on Plant Protection;
Whereas any amendment to the Annexes should, in view oftheir basi-
cally technical nature, be made easier by an accelerated procedure,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns products intended for human or, in excep-
tional cases, animal consumption listed under the Common CustomsTariff headings set out in Annex I and in or on which are found thepesticide residues listed in Annex II.
Article 2
1. For the purposes ofthis Directive ‘pesticide residues’ means the
residual traces ofpesticides, as well as any ofthe toxic breakdown ormetabolized products listed in Annex II, which are present in or onthe products referred to in Article 1.
2. For the purposes ofthis 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 ofthe products ref erred to in Article 1on the ground that they contain pesticide residues ifthe quantity ofthese residues does not exceed the maximum levels laid down inAnnex II.
2. Member States may, in cases where they consider this justified,
authorize the circulation within their territories ofproducts ref erred toin Article 1 which contain pesticide residues higher than those laid
down in Annex II.
3. Member States shall inform the other Member States and the
Commission ofany implementation ofparagraphs 1 and 2.1976L0895 — EN — 01.01.1981 — 002.001 — 3
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Article 4
1. Where a Member State considers that a maximum level fixed in
Annex II might endanger the health ofhumans or ofanimals otherthan harmful organisms, that Member State may temporarily reduce
that level in its own territory. In that case it shall immediately notify
the other Member States and the Commission ofthe measures takenwith a statement ofthe reasons theref or.
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 tobe amended. Until such time as a decision is taken by the Council orthe Commission in accordance with the abovementioned procedure,the Member State may maintain the measures which it has implemen-
ted.
Article 5
Without prejudice to Article 4, the Council, acting on a proposal from
the Commission, shall adopt amendments to be made to the Annexes.
In making such amendments account shall be taken oftechnical and
scientif ic progress as well as ofthe requirements ofhealth and agri-culture.
Article 6
1. Member States shall take all necessary measures to ensure com-
pliance 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 verifica-tion provided for in paragraph 1, the sampling and qualitative andquantitative analysis carried out for the purposes of identifying andestimating the amounts ofpesticide residues shall be carried out
according to the processes and methods to be laid down in accordance
with the procedure provided for in Article 7.
Article 7
1. Where the procedure laid down in this Article is to be followed,
the matters shall be referred without delay to the Standing Committee
on Plant Health set up by Decision 76/894/EEC (
1) (hereinafter called
‘the Committee’) by its chairman, either on his own initiative or atthe request ofa Member State.
2. Within the Committee, the votes ofthe Member States shall be
weighted as provided for in Article 148 (2) of the Treaty. The chair-man shall not vote.
3. The representative ofthe Commission shall submit a draf t ofthe
measures to be taken. The Committee shall deliver its opinion on
these measures within a time limit set by the chairman having regard
to the urgency ofthe matters to be examined. Opinions shall be deliv-ered by a majority of ►
A1forty-five ◄votes.
4. Where the measures are in accordance with the opinion ofthe
Committee, the Commission shall adopt them and shall implementthem forthwith. Where the measures are not in accordance with theopinion ofthe Committee or ifno opinion is delivered, the Commis-
sion shall immediately submit to the Council a proposal on the mea-
sures to be taken. The Council shall adopt the measures by a qualifiedmajority.
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.1976L0895 — EN — 01.01.1981 — 002.001 — 4
(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 its
chairman, either on his own initiative or at the request ofa Member
State.
2. Within the Committee, the votes ofthe Member States shall be
weighted as provided for in Article 148 (2) of the Treaty. The chair-man shall not vote.
3. The representative ofthe Commission shall submit a draf t ofthe
measures to be taken. The Committee shall deliver its opinion onthese measures within two days. Opinions shall be delivered by a
majority of ►
A1forty-five ◄votes.
4. Where the measures are in accordance with the opinion ofthe
Committee, the Commission shall adopt them and shall implementthem forthwith. Where they are not in accordance with the opinion ofthe Committee or ifno opinion is delivered, the Commission shallimmediately 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 proposedmeasures and shall implement them immediately, except where theCouncil has rejected the said measures by a simple majority.
Article 9
This Directive shall not apply to the products referred to in Article 1
where at least one appropriate element ofproofcan be brought thatthey are intended for export to third countries.
Article 10
This Directive shall apply without prejudice to Community provisions
concerning common quality standards for fruit and vegetables.
Article 11
Member States shall bring into force the laws, regulations and admin-
istrative provisions needed to comply with this Directive within a per-
iod of two years following its notification and shall forthwith inform
the Commission thereof.
Article 12
This Directive is addressed to the Member States.1976L0895 — EN — 01.01.1981 — 002.001 — 5
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ANNEX I
List of products referred to in Article 1
CCT heading
NoDescription
07.01 B Cabbages, cauliflowers and Brussels sprouts, fresh or chilled
07.01 C Spinach, fresh or chilled07.01 D Salad vegetables, including endive and chicory, fresh or chilled07.01 E Chard (or white beet) and cardoons, fresh or chilled07.01 F Leguminous vegetables, shelled or unshelled, fresh or chilled07.01 G Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots,
fresh or chilled
07.01 H Onions, shallots and garlic, fresh or chilled07.01 IJ Leeks and other alliaceous plants, fresh or chilled07.01 K Asparagus, fresh or chilled07.01 L Artichokes, fresh or chilled07.01 M Tomatoes, fresh or chilled07.01 N Olives, fresh or chilled07.01 O Capers, fresh or chilled07.01 P Cucumbers and gherkins, fresh or chilled
07.01 Q Mushrooms and truffels, fresh or chilled
07.01 R Fennel, fresh or chilled07.01 S Sweet peppers, fresh or chilled07.01 T Other, fresh or chilled
ex 07.02 Vegetables, uncooked, frozenex 08.01 Dates, bananas, coconuts, Brazil nuts, cashew nuts (
1), avocados, mangoes, guavas
and mangosteens, fresh, shelled or peeled
ex 08.02 Citrus fruit, fresh (1)
ex 08.03 Figs, fresh (1)
ex 08.04 Grapes, fresh (1)
ex 08.05 Nuts, other than those falling within heading No 08.01, fresh (1), shelled or peeled
08.06 Apples, pears and quinces, fresh (1)
08.07 Stone fruit, fresh (1)
08.08 Berries, fresh (1)
08.09 Other fruit, fresh (1)
ex. 08.10 Fruit, uncooked, preserved by freezing, not containing added sugar (1)
(1) Chilled fruit is treated in the same way as fresh fruit.1976L0895 — EN — 01.01.1981 — 002.001 — 6
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ANNEX II
List of pesticide residues and maximum residual levels
EEC
No (1)PesticidesMaximum levels (in mg/kg
(ppm))Common name Chemical formula
— amitrole 3-amino-1 H-1,2,4-triazole nil (2)
— aramite 0-[2-(4-tert-butylphenoxy)-1-
methyl-ethyl]-0-(2-chlorethyl)-
sulfitenil (2)
— atrazine 2-ethylamino-3-chloro-o-isopro-
pylamino-1,3,5-triazine1·0
15/60 azinphos-ethyl 0,0-diethyl-S-[(4-oxo-3H-1,2,3-
benzo-triazine-3-yl)-methyl]-
dithiophosphate/C148/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/C150singly or combined:
nil (
2): root vegetables,
except celeriac
0·4: other products15/42 azinphos-methyl 0,0-dimethyl-S-[4-oxo-3H-1,2,3-
benzo-triazine-3-yl)-methyl]-
dithiophosphate
6/20 barban (4-chloro-but-2-in-yl)-N-(3-chlor-
ophenyl)-carbamente0·1
609/21 binapacryl [6-(1-methyl-propyl)-2,4-dinitro-
phenyl]-3,3-dimethyl-acrylatenil (2): carrots
0·3: other products
— captan N-(trichlor-methylthio)-cyclohex-
4-ene-1, 2-dicarboxymide15·0
6/11 carbaryl N-methyl-1-naphthyl-carbamate 2·5: apricots, apples, pears,
peaches, grapes, plums, sal-
ads, cabbages, cauliflowers
and Brussels sprouts
1·2: other products
620/6 chlorbenzide (4-chloro-benzyl)-(4-chloro-phe-
nyl)-sulphide1·5
620/4 chlorfenson (4-chloro-phenyl)-4-chloro-ben-
zene-sulphonate1·5
— chlorbenzilate ethyl-2-hydroxy-2,2-bis (4-
chloro-phenyl)-acetate1·5
6/22 chloroxuron 1-[4-(chlorophenoxyl-phenyl)]
3.3-dimethylurea0·2
15/33 demeton-S-methyl 0,0-dimethyl-S-(2-ethylthioethyl)-
monothiophosphate/C148/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/C150singly or combined:
nil (
2): carrots
0·4: other products (calcu-
lated as demeton-S-methyl
sulphone15/49 oxydementon-
methyl0,0-dimethyl-S-(2-ethylsuphinyl-
ethyl)-monothiophosphate
— demeton-S-metyl-
sulfone0,0-dimethyl and S-ethyl-sulpho-
nyl thiophosphate
6/19 diallate S-(2,3-dichloro-allyl)- N,N diiso-
propylmonothio-carbamate0·05
607/24 dichlorprop 2-(2,4-dichlorophenoxy) propio-
nic acid0·05
15/55 dimethoate 0,0-dimethyl- S-(N-methyl-carba-
moyl)-methyl-dithiophosphate1·5 (3)
— omethoate dimethyl- S-(N- methyl carbamoyl
methyl) phosphorothiolate0·4
609/23 dinoseb 2.4-dinitro-6-(1-methylpropyl)
phenol0·05
— dodine N-dodecylguanidine acetate 1·0: fruits
nil (2): other products
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)-diox-
athiepin-3-oxide0·2: 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-octahy-
dro-1,4- endo-5,8-endo-
dimethano-naphthalenenil (2)1976L0895 — EN — 01.01.1981 — 002.001 — 7
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EEC
No (1)PesticidesMaximum levels (in mg/kg
(ppm))Common name Chemical formula
15/56 fenchlorphos 0,0-dimethyl 0-(2,4,5-trichloro-
phenyl) phosphorothioate/C148/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/C150calculated as fenchlorphos
0·01 including
- - 0,0-dimethyl 0-(2,4,5-trichloro-
phenyl) phosphate
15/58 fenitrothion dimethyl-3-methyl-4-nitrophenyl
phosphorothionate0·5
15/61 formothion S-( N-formyl-N-methylcarbanoyl-
methyl) dimethyl phosphorothio-
lothionate0·1
— — 1,1-dichloro-2,2-bis(4-ethyl-phe-
nyl) ethane10·0
602/23 lindane gamma-1,2,3,4,5,6-hexachlorcy-
clohexane2·0: leafvegetables
0·1: carrots
1·5: other products
15/44 malathion S[-1,2- bis (ethoxy-carbonyl)-
ethyl]- 0,0-dimethyl-dithiopho-
sphate/C148/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/C1503·0: vegetables, except root
vegetables
0·5: other productsincluding
malaoxon S-(-1,2- bis (ethoxy-carbonyl)-
ethyl)- 0,0-dimethyl-thiophosphate
— methoxychlor 1,1,1-trichloro-2,2- bis (4-meth-
oxy-phenyl) ethane10·0
15/37 parathion 0,0-diethyl- 0-(4-nitro-phenyl)-
monothiophosphate/C148/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/C1500·5 including
paraoxon 0,0-diethyl- 0-(4-nitro-phenyl)-
phosphate
15/36 methyl parathion 0,0-dimethyl-0-(4-nitro-phenyl)-
monothiophosphate/C148/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/C1500·15 including
methyl-paraoxon 0,0-dimethyl-0-(4-nitro-phenyl)-
phosphate
15/22 phosphamidon 2-chloro-2-diethylcarbamoyl-1-
methylvinyldimethyl phosphate0·15
607/21 folpet N-(trichloromethylthio) phthali-
mide15·0
— propoxur 2-iso propoxy phenyl methylcar-
bamate3·0
15/27 tEPP 0,0,0,0 -tetræthyl-pyrophosphate nil (
2)
6/5 thiram bis (dimethyl-thio-carbamoyl)-
disulphide3·8: strawberries, grapes
3·0: other products
602/24 toxaphene chlorinated camphenes (67 to
69 % chlorine)0·4
15/21 trichlorfon 0,0-dimethyl-(2,2,2-trichloro-1-
hydroxy-ethyl)-phosphonate0·5
(1) Numbering ofAnnex I to Council Directive 67/548/EEC of27 June 1967 on the approximation oflaws, regu-
lations and administrative provisions relating to the classification, packaging and labelling of dangerous sub-stances (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 ofsensitivity under the method ofdetermination are tolerated.
(3) Possibly including the maximum level of 0·4 ppm fixed for omethoate.1976L0895 — EN — 01.01.1981 — 002.001 — 8
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