1976L0895 — EN — 12.07.1993 — 008.001 — 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
►M2Council Directive 81/36/EEC of9 February 1981 L 46 33 19.2.1981
►M3Council Directive 82/528/EEC of19 July 1982 L 234 1 9.8.1982
►M4Council Regulation (EEC) No 3768/85 of20 December 1985 L 362 8 31.12.1985
►M5Council Directive 88/298/EEC of16 May 1988 L 126 53 20.5.1988
►M6Council Directive 89/186/EEC of6 March 1989 L 66 36 10.3.1989
►M7Council Directive 93/58/EEC of29 June 1993 L 211 6 23.8.1993
Amended by:
►A1Act ofAccession ofGreece L 291 17 19.11.1979
▼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)
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 Committee (2),
Whereas crop production plays an important role in the European
Economic Community;
Whereas the yield from that production is continually affected by
harmful organisms of either animal or vegetable origin and also by
viruses;
Whereas it is absolutely essential to protect plants against these
organisms, not only to prevent a reduction in yield but also to increaseagricultural productivity;
Whereas one ofthe most important methods ofprotecting plants and
plant products from the effect of these harmful organisms is by the useofchemical 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 of plantproducts;
Whereas these pesticides should not be used in circumstances which
could present a risk to human or animal life;
Whereas different methods exist in certain Member States for avoiding
this risk; whereas some of these States have fixed different levels for themaximum content ofthe residues ofcertain pesticides in or on treated
plants and plant products which must be observed when these products
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 within the
Community; whereas for this reason certain maximum levels should befixed which may be applied by the Member States;
Whereas in fixing these maximum levels the requirements of plant
production and the need to protect human and animal health must be
reconciled;
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 human
consumption and, on occasions, for animal feed; whereas thesemaximum levels must represent the lowest possible levels;
Whereas the free circulation throughout the Community of products
with a level ofresidue ofcertain pesticides less than or equal to the
maxima fixed in Annex II should be assured; whereas at the same timeMember States should be allowed to permit the circulation in their1976L0895 — EN — 12.07.1993 — 008.001 — 2
(1) OJ No C 97, 28. 7. 1969, p. 35.
(2) OJ No C 40, 25. 3. 1969, p. 4.
▼B
territory, without discrimination and in cases where they consider this
justified, of products which have a content higher than the said maximaeither by fixing or by refraining from fixing maximum levels for them;
Whereas it is not necessary to apply the provisions 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; whereasMember States should therefore be allowed in that case to reducetemporarily these levels;
Whereas it is appropriate in that case to establish close cooperation
between the Member States and the Commission within a StandingCommittee on Plant Protection;
Whereas, where Member States fix maximum content levels for
products 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 shouldbe laid down by means ofa procedure establishing close cooperation
between the Member States and the Commission within the Standing
Committee on Plant Protection;
Whereas any amendment to the Annexes should, in view oftheir
basically technical nature, be made easier by an accelerated procedure,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns products intended for human or, in exceptional
cases, animal consumption listed under the Common Customs Tariffheadings set out in Annex I and in or on which are found the pesticide
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 on theproducts 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, of theproducts 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 1 onthe ground that they contain pesticide residues ifthe quantity ofthese
residues does not exceed the maximum levels laid down in Annex II.
2. Member States may, in cases where they consider this justified,
authorize the circulation within their territories ofproducts ref erred to in
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 — 12.07.1993 — 008.001 — 3
▼B
Article 4
1. Where a Member State considers that a maximum level fixed in
Annex II might endanger the health ofhumans or ofanimals other thanharmful organisms, that Member State may temporarily reduce that levelin its own territory. In that case it shall immediately notify the otherMember States and the Commission ofthe measures taken with 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 to beamended. Until such time as a decision is taken by the Council or the
Commission in accordance with the abovementioned procedure, the
Member State may maintain the measures which it has implemented.
Article 5
Without prejudice to Article 4, the Council, acting on a proposal from
the Commission, shall adopt amendments to be made to the Annexes. Inmaking such amendments account shall be taken oftechnical andscientific progress as well as of the requirements of health andagriculture.
Article 6
1. Member States shall take all necessary measures to ensure
compliance with any maximum levels laid down in accordance with
this Directive by carrying out random checks.
2. Member States shall take all necessary measures to ensure that,
where the products referred to in Article 1 are subject to the verificationprovided for in paragraph 1, the sampling and qualitative and
quantitative analysis carried out for the purposes of identifying and
estimating the amounts ofpesticide residues shall be carried outaccording to the processes and methods to be laid down in accordancewith 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 onPlant Health set up by Decision 76/894/EEC (
1) (hereinafter called ‘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 chairman
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 thesemeasures within a time limit set by the chairman having regard to the
urgency ofthe matters to be examined. Opinions shall be delivered by a
majority of ►
M4fifty-four ◄votes.
4. Where the measures are in accordance with the opinion ofthe
Committee, the Commission shall adopt them and shall implement them
forthwith. Where the measures are not in accordance with the opinion of
the Committee or ifno opinion is delivered, the Commission shallimmediately submit to the Council a proposal on the measures to betaken. The Council shall adopt the measures by a qualified majority.
If, within three months following the date on which the matter was
referred to it, the Council has not adopted the measures, the Commissionshall adopt the proposed measures and shall implement themimmediately, except where the Council has rejected the said measuresby a simple majority.1976L0895 — EN — 12.07.1993 — 008.001 — 4
(1) See page 25 of this Official Journal.
▼B
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 chairmanshall not vote.
3. The representative ofthe Commission shall submit a draf t ofthe
measures to be taken. The Committee shall deliver its opinion on thesemeasures within two days. Opinions shall be delivered by a majority of
►
M4fifty-four ◄votes.
4. Where the measures are in accordance with the opinion ofthe
Committee, the Commission shall adopt them and shall implement themforthwith. Where they are not in accordance with the opinion of theCommittee 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 that theyare intended for export to third countries.
Article 10
This Directive shall apply without prejudice to Community provisions
concerning common quality standards for fruit and vegetables.
Article 11
Member States shall bring into force the laws, regulations and
administrative provisions needed to comply with this Directive within
a period of two years following its notification and shall forthwith
inform the Commission thereof.
Article 12
This Directive is addressed to the Member States.1976L0895 — EN — 12.07.1993 — 008.001 — 5
▼B
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 chilled
07.01 D Salad vegetables, including endive and chicory, fresh or chilled
07.01 E Chard (or white beet) and cardoons, fresh or chilled07.01 F Leguminous vegetables, shelled or unshelled, fresh or chilled07.01 G Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh
or chilled
07.01 H Onions, shallots and garlic, fresh or chilled
07.01 IJ Leeks and other alliaceous plants, fresh or chilled
07.01 K Asparagus, fresh or 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 chilled07.01 Q Mushrooms and truffels, fresh or chilled07.01 R Fennel, fresh or chilled
07.01 S Sweet peppers, fresh or chilled
07.01 T Other, fresh or chilled
ex 07.02 Vegetables, uncooked, 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 — 12.07.1993 — 008.001 — 6
ANNEX II
List of pesticide residues and maximum residual levels
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄►M3azinphos-ethyl ◄ 0,0-diethyl-S-[(4-oxo-3H-1,2,3-benzo-triazine-3-yl)-methyl]-dithiophosphate►M30·05◄
►M3 ◄►M3azinphos-methyl ◄ 0,0-dimethyl-S-[4-oxo-3H-1,2,3-benzo-triazine-3-yl)-methyl]-dithiophosphate ►M31: grapes, citrus fruit
0·5: other products ◄
►M3 ◄►M3
barban
sum expressed
as 3-chloroani-
line9
=
;chlorpropham
chlorbufam
◄►M34-chlorobut-2-ynyl 3-chlorocarbanilate; isopropyl 3-chlorophenylcarba-
mate; 1-methylprop-2-ynyl-3-chlorophenylcarbamate ◄
►M30·1: celery, carrots, chervil, parsnip,
parsley
0·05: other products ◄
►M3 ◄captan N-(trichlor-methylthio)-cyclohex-4-ene-1, 2-dicarboxymide 15·0
►M3 ◄►M3carbaryl ◄ N-methyl-1-naphthyl-carbamate ►M33: apricots, apples, pears, peaches, grapes,
plums, salads, cabbages
1: other products ◄
►M3 ◄►M3chlorobenzilate ◄ ethyl-2-hydroxy-2,2-bis (4-chloro-phenyl)-acetate ►M30·2: nuts
2: other products ◄
►M3 ◄chloroxuron 1-[4-(chlorophenoxyl-phenyl)] 3.3-dimethylurea 0·2▼B1976L0895 — EN — 12.07.1993 — 008.001 — 7▼M7
▼M3
▼M7
▼B
▼M7
▼B
▼M7
▼M3
▼B
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄demeton-S-methyl 0,0-dimethyl-S-(2-ethylthioethyl)-monothiophosphatesingly or combined:9
>>>=
>>>;nil (2): carrots
0·4: other products (calculated as demeton-S-
methyl sulphone►M3 ◄oxydementon-methyl 0,0-dimethyl-S-(2-ethylsuphinyl-ethyl)-monothiophosphate
►M3 ◄demeton-S-metyl-sulfone 0,0-dimethyl and S-ethyl-sulphonyl thiophosphate
►M3 ◄►M3
diallatesum/C27
triallate
◄►M3S-2,3-dichloroallyl di-isopropylthiocarbamate; S-2,3,3-trichloroallyl di-
isopropylthiocarbamate ◄
►M30·1◄
►M3 ◄dimethoate 0.0-dimethyl-S-(N-methyl carbamoyl) methyl dithiophosphate 1
►M3 ◄omethoate dimethyl-S-(N-methyl carbamoyl methyl) phosphorothiolate 0·4: cherries, witloofchicory, artichokes and
spinach
0·1: berries, onions, leeks and root vegetables0·2: other products
►M3 ◄dodine N-dodecylguanidine acetate ►M51: pome and stone fruit
0·2: other products ◄
►M3 ◄►M3endosulphan (sum of α-
andβ-endosulphan and endosul-
phan sulphate) ◄6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a,-hexahydro-6,9-methano-2,3,4-benzo(e)-
dioxathiepin-3-oxide ►M30·2: root vegetables
1: other products ◄
►M3 ◄fenitrothion dimethyl-3-methyl-4-nitrophenyl phosphorothionate ►M52: citrus fruit
0·5: other products ◄
►M3 ◄formothion S-( N-formyl-N-methylcarbanoylmethyl) dimethyl phosphorothiolothionate ►M50·2: citrus fruit
0·1: other products ◄▼B1976L0895 — EN — 12.07.1993 — 008.001 — 8▼M7
▼M2
▼M7
▼B
▼M7
▼B
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄►M3lindane (gamma-HCH) ◄gamma-1,2,3,4,5,6-hexachlorcyclohexane ►M32: leafvegetables
0·5: tomatoes, stone fruit and grapes0·1: carrots
1: other products ◄
►
M3 ◄malathion S[-1,2- bis(ethoxy-carbonyl)-ethyl]- 0,0-dimethyl-dithiophosphate►M52: citrus fruit 9
>>>=
>>>;3: vegetables, except root vegetables
0·5: other products ◄including
malaoxon S-(-1,2- bis(ethoxy-carbonyl)-ethyl)- 0,0-dimethyl-thiophosphate
►M3 ◄methoxychlor 1,1,1-trichloro-2,2- bis(4-methoxy-phenyl) ethane 10·0
►M3 ◄parathion 0,0-diethyl- 0-(4-nitro-phenyl)-monothiophosphate9
>>>=
>>>;0·5 including
paraoxon 0,0-diethyl- 0-(4-nitro-phenyl)-phosphate
►M3 ◄►M3methyl parathion,
including methylparaoxon ◄0,0-dimethyl-0-(4-nitro-phenyl)-monothiophosphate
►9
>>=
>>;M30·2◄►M3 ◄
►M3 ◄ 0,0-dimethyl-0-(4-nitro-phenyl)-phosphate
►M3 ◄phosphamidon 2-chloro-2-diethylcarbamoyl-1-methylvinyldimethyl phosphate 0·15
►M3 ◄►M3folpet◄ N-(trichloromethylthio) phthalimide ►M315: cherries, lettuce, raspberries, blueber-
ries, currants, grapes, strawberries
10: citrus fruit, pome fruit
5: tomatoes
2: other products ◄
►M3 ◄propoxur 2-iso propoxy phenyl methylcarbamate 3·0
►M3 ◄thiram bis (dimethyl-thio-carbamoyl)-disulphide 3·8: strawberries, grapes
3·0: other products▼B1976L0895 — EN — 12.07.1993 — 008.001 — 9▼M7
▼B
▼M7
▼B
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
►M3 ◄trichlorfon 0,0-dimethyl-(2,2,2-trichloro-1-hydroxy-ethyl)-phosphonate 0·5
bromopropylate isopropyl 4,4'-dibromobenzilate 3: citrus fruit, bananas
2: pome and stone fruit, strawberries, grapes
1: vegetables0·05: other fruit
chlorfenvinphos (sum of E- and Z-
isomers)2-chloro-1-(2,4-dichlorophenyl) vinyl diethyl phosphate ►M51: citrus fruit
0·5: bulb, tuber and root vegetables, celery and
parsley
0·05: mushrooms, other fruit
0·1: other vegetables ◄
chlormequat, expressed as chlor-
mequat cation2-chloroethyltrimethyl ammonium ion 3: pears
1: grapes
0·05: other products
diazinon 0,0-diethyl 0-2-isopropyl-6-methylpyrimidin-4-yl phosphorothioate 0·05: nuts
0·5: other products
dichlofluanid N-dichlorofluoromethylthio-N,N'-dimethyl-N-phenylsulphamide 10: lettuce, strawberries, other berries, grapes
5: other products
dichlorvos 2,2-dichlorovinyl dimethyl phosphate 0·1
dicofol 2,2,2-trichloro-1,1-bis(4-chlorophenyl) ethanol 2: fruits
0·5: vegetables▼B1976L0895 — EN — 12.07.1993 — 008.001 — 10▼M7
▼B
▼M7
▼M3
▼M7
▼M3
▼M7
▼M3
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
diquat, expressed as diquat cation 1,1'-ethylene-2,2'-bipyridyldiylium ion 0·1: vegetables
0·05: other products
fentin compounds (sum expressed
as fentin hydroxide)triphenyltin 1: celery
0·1: carrots0·05: other products
methyl bromide bromomethane ►M70,1: nuts, apricots, peaches, plums, figs and
grapes◄
pyrethrins (sum ofpyrethrins I
and II, cinerins I and II, jasmolins
I and II)—
1
vamidothion (sum ofvamidothion
and vamidothion sulphoxide)0,0-dimethyl S-2-(1-methylcarbamoylethylthio) ethyl phosphorothioate 0·5: pome fruit
0·05: other products
chinomethionat 6-methyl-1,3-dithiolo [4,5-b] quinoxalin-2-one 0·3
captansum/C27
folpet— 3: pome fruit, berries and small fruit, grapes,
tomatoes
2: beans, broad-leaved endives, endives, leeks,
stone-fruit, lettuce, peas
0·1: other products
ethion 0,0,0',0'-tetraethyl S, S'-methylene di (phosphorodithioate) 2: citrus fruit
0·5: pome and stone fruit and grapes0·1: other products▼M31976L0895 — EN — 12.07.1993 — 008.001 — 11▼M7
▼M3
▼M7
▼M3
▼M7
▼M3
▼M5
►M3 ◄Pesticides
Maximum levels (in mg/kg (ppm))
Common name Chemical formula
mevinphos 2-methoxy-carbonyl-1-methylvinyl dimethyl phosphate (sum ofcis and transis-
omers)0·2: pome and citrus fruit and apricots
0·5: other stone fruit, leafy vegetables
0·1: other products
phosalone S-(6-chloro-2-oxobenzo-oxazolin-3-yl) methyl 00-diethyl phosphorodithioate 1: citrus fruit and strawberries
2: pome fruit and peaches
0·1: root vegetables and olives1: other products
►M3 ◄
(2) Negligible residues below the lower limit ofsensitivity under the method ofdetermination are tolerated.
►M2 ◄▼M51976L0895 — EN — 12.07.1993 — 008.001 — 12▼M7
▼M5
▼M7
▼B