1986L0362 — EN — 20.05.1988 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 24July 1986
on the fixing of maximum levels for pesticide residues in and on cereals
(86/362/EEC)
(OJ L 221, 7.8.1986, p. 37)
Amended by:
Official Journal
Nopage date
►M1Council Directive 88/298/EEC of 16 May 1988 L 126 53 20.5.1988
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COUNCIL DIRECTIVE
of 24July 1986
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 Articles 43 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),
Whereas crop production plays a very important role in the Community;Whereas the yield from that production is continually 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 tothe pro ducts harvested but alsotoincrease agriculturalproductivity;
Whereas one of the most important methods of protecting plants and
plant products from the effect of these harmful organisms is the use ofchemical pesticides;
Whereas, however, these pesticides do not have only a favourable effect
on plant production, since they are generally toxic substances or prepa-rations with dangerous side-effects;
Whereas a large number of these pesticides and of their metabolites or
breakdown products may have harmful effects on consumers of plantproducts;
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 levels for certain residues in and oncereals;
Whereas the differences which exist between Member States as regards
the maximum permissible levels for pesticide residues can help to createbarriers to trade and thus hinder the free movement of goods within theCommunity;
Whereas, for this reason, 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 cereals can circulate freely and that the health of consumers isproperly 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 soas topro vide safeguards equivalent totho seresulting from the levels laid down;
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
(1) OJ NoC 56, 6. 3. 1980, p. 14.
(2) OJ NoC 28, 9. 2. 1981, p. 64.
(3) OJ NoC 300, 18. 11. 1980, p. 29.
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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 no t necessary toapply this Directive topro ducts intended
for export to third countries, for the manufacture of products other thanfoodstuffs or for sowing;
Whereas Member States should be allowed the reduce temporarily the
levels laid down if they unexpectedly prove to be dangerous to 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
products in question are put into circulation, the Member States mustprovide for suitable control measures;
Whereas Community methods of sampling and analysis should be
established tobe used at least as reference metho ds;
Whereas methods of sampling and analysis are technical and scientific
matters, which should be determined by means of a procedure involvingclose cooperation between the Member States and the Commissionwithin the Standing Committee on Plant Health;
Whereas it is appropriate that Member States make an annual report to
the Commission on the results of their control measures so as to enableinformation concerning levels of pesticide residues to be collected forthe Community as a whole;
Whereas the Council should review this Directive before 30 June 1991
with the aim of attaining a uniform Community system,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply, without prejudice to the provisions of
Council Directive 74/63/EEC of 17 December 1973 on the fixing ofmaximum permitted levels for undesirable substances and products infeedingstuffs(
1), as last amended by Directive 86/354/EEC (2)t ot h e
cereals listed in Annex I, in so far as these products may containresidues of pesticides listed in Annex II.
Article 2
1. For the purposes of this Directive, ‘pesticide residues' means
residues of the pesticides and of their metabolites, and breakdown orreaction products listed in Annex II, which are present in or on theproducts referred to in Article 1.
2. For the purposes of this Directive, ‘putting into circulation'means
any handing over, whether or not for a consideration, of the productsreferred toin 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 tohuman health as a result of the presence of pesticide residues.
2. Member States may not prohibit or impede the putting into circu-
lation within their territories of the products referred to in Article 1 on
(1) OJ NoL 38, 11. 2. 1974, p. 31.
(2) OJ NoL 212, 2. 8. 1986, p. 27.
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the grounds that they contain pesticide residues, if the quantity of suchresidues does not exceed the maximum levels specified in Annex II.
Article 4
1. Member States shall prescribe that the products referred to in
Article 1 may not contain, from the time they are put into circulation,levels of residues of pesticides greater than those specified in Annex II.
2. Member States shall take all necessary measures toensure, at least
by check sampling, compliance with the maximum levels laid down inaccordance with paragraph 1.
Article 5
1. In the case of the products referred to in Article 1, other than those
imported from third countries or intended for other Member States,Member States may, by way of derogation from Article 4, continue toapply a system of monitoring already in force on their territory for thepresence of pesticide residues together with any other measure in ordertoensure that an effect equivalent tothe levels o f pesticide residues laiddown in Annex II is obtained, and to assess the total dietary exposure oftheir population to these residues, whatever their source. Such measuresshall include regular representative surveys of the levels of these pesti-cide residues in typical diets.
2. Member States shall inform the other Member States and the
Commission of any implementation of paragraph 1.
Article 6
Member States may authorize the presence in and on the products
referred to in Article 1 of the pesticide residues listed in Part B ofAnnex II in greater quantities than those specified therein, provided thatthose products are not intended for immediate consumption and anappropriate control system ensures that they cannot be made availabletothe end user o r tothe co nsumer, if they are supplied directly tothelatter, until the residues nolo nger exceed the maximum levels specifiedin Part B. They shall inform the other Member States and the Commis-sion of the measures taken. These measures shall be applicable to allproducts covered thereby, irrespective of the origin of the products.
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 previous year.
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 accordancewith the procedure laid down in Article 12. The existence ofCommunity analysis methods, to be used in cases of dispute, shall notpreclude the use by Member States of other scientifically valid methodscapable of achieving comparable results.
2. Member States shall inform the other Member States and the
Commission of the other methods used pursuant to paragraph 1.
Article 9
1. Where a Member State considers that a maximum level fixed in
Annex II endangers human health, and therefore requires swift action tobe taken, that Member State may temporarily reduce the level in its ownterritory. In that case, it shall immediately notify the other MemberStates and the Commission of the measures, attaching a statement of thereasons therefor.
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2. If the situation envisaged in paragraph 1 arises, it shall be decided
in accordance with the procedure laid down in Article 13 whether themaximum levels laid down in Annex II should be altered. Until suchtime as a decision is taken by the Council or the Commission inaccordance with the abovementioned procedure, the Member State maymaintain the measures which it has implemented.
Article 10
Witho ut prejudice toArticle 9, amendments tothe maximum levels set
in Annex II as a result of developments in scientific or technicalknowledge shall be adopted by the Council acting by a qualifiedmajority on a proposal from the Commission.
Article 11
The Council, acting unanimously on a proposal from the Commission,
shall adopt, by means of Directives, any new list of products or any newlist of pesticide residues in and on the products referred to in Article 1,and their maximum values.
Article 12
1. Where the procedure laid down in this Article is to be followed,
the matter shall be referred without delay to the Standing Committee onPlant Health, hereinafter referred toas the ‘Co mmittee',by its chairman,either on his own initiative or at the request of a Member State.
2. Within the Committee, the votes of the Member States shall be
weighted as provided for in Article 148 (2) of the Treaty. The chairmanshall not vote.
3. The representative of the Commission shall submit a draft of the
measures to be taken. The Committee shall deliver its opinion on thesemeasures within a time limit set by the chairman, having regard totheurgency of the matters to be examined. Opinions shall be delivered by amajority of 54 votes.
4. Where the measures are in accordance with the opinion of the
Committee, the Commission shall adopt them and shall implement themforthwith. Where the measures are not in accordance with the opinion ofthe Committee or if no opinion is delivered, the Commission shallimmediately submit to the Council a proposal on the measures to betaken. The Council shall adopt the measures by a qualified majority.
If, within three months following the date on which the matter was
referred to it, the Council has not adopted any measures, the Commis-sion shall adopt the proposed measures except where the Council hasvoted by a simple majority againt the said measures.
Article 13
1. Where the procedure laid down in this Article is to be followed,
the matter shall be referred without delay to the Committee by itschairman, either on his own initiative or at the request of a MemberState.
2. Within the Committee, the votes of Member States shall be
weighted as provided for in Article 148 (2) of the Treaty. The chairmanshall not vote.
3. The representative of the Commission shall submit a draft of the
measures to be taken. The Committee shall deliver its opinion on thesemeasures within two days. Opinions shall be delivered by a majority of54 votes.
4. Where the measures are in accordance with the opinion of the
Committee, the Commission shall adopt them and shall implement themforthwith. Where they are not in accordance with the opinion of theCommittee or if no opinion is delivered, the Commission shall imme-diately submit to the Council a proposal on the measures to be taken.The Council shall adopt the measures by a qualified majority.
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If, within 15 days of the date on which the matter was referred to it, theCouncil has not adopted any measures, the Commission shall adopt theproposed measures except where the Council has voted by a simplemajority against the said measures.
Article 14
This Directive shall not apply to the products referred to in Article 1
where it can be established at least by appropriate evidence that they areintended for:
(a) export to third countries;
(b) the manufacture of products other than foodstuffs;
(c) sowing.
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 States shall bring into force not later than 30 June 1988 the
laws, regulations and administrative provisions necessary to complywith 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 this Directive.
Article 17
This Directive is addressed tothe Member States.
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CCT heading No DescriptionANNEX I
ex 10.01 Wheat
10.02 Rye
10.03 Barley
10.04 Oats
ex 10.05 Maize
ex 10.06 Paddy rice
ex 10.07 Buckwheat, millet, grain sorghum, triticale and other
cereals
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Pesticide residuesMaximum levels in mg/kg
(ppm)
Pesticide residues Maximum levels in mg/kg (ppm)ANNEX II
PART A
1. aldrin singly or combined,
2. dieldrin (HEOD)expressed as dieldrin(HEOD) 0,01
3. total inorganic bromide, expressed in Br
ions 50
4. carbaryl 1: rice
0,5: othercereals
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 0,05
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 asendosulfan)0,2: maize0,1: othercereals
11. endrin 0,01
12. heptachlor (sum of heptachlor and hepta-
chlor epoxide, expressed as heptachlor) 0,01
13. hexachlorobenzene (HCB) 0,01
14. hexachlorocyclohexane (HCH)
14.1. alpha-isomer 0,02
14.2. beta-isomersum
14.3. gamma-isomer (lindane) 0,1 (2)
15. malathion (sum of malathion and malaoxon,
expressed as malathion) 8
16. phosphamidon 0,05
17. pyrethrins (sum of pyrethrins I and II,
cinerins I and II, jasmolins I and II) 3
18. trichlorfon 0,1
▼M1
19. captafol 0,05
(1) During a transitional period expiring no later than 30 June 1991, Member States whose
monitoring authorities are as yet unable to determine the residues at the set level of 0,01mg/kg in a routine manner may use methods with determination limits not exceeding0,05 mg/kg.
(
2) As from 1 January 1990.▼B
PART B
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 0,1