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"BCOUNCIL DIRECTIVE
of 23 November 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
"M1 Commission Directive 80/428/EEC of 28 March 1980 L 102 26 19.4.1980
"M2 Council Directive 81/36/EEC of 9 February 1981 L 46 33 19.2.1981
Amended by:
"A1 Act of Accession of Greece L 291 17 19.11.19791976L0895 — EN — 26.02.1981 — 003.001 — 1
COUNCIL DIRECTIVE
of 23 November 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 of the European Parliament (1),
Having regard to the opinion of the 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 increase
agricultural productivity;
Whereas one of the most important methods of protecting plants and
plant products from the effect of these harmful organisms is by the use of
chemical pesticides;
Whereas, however, these pesticides do not have only a favourable effect
on plant production, since they are generally toxic substances or
preparations with dangerous side effects;
Whereas a large number of these pesticides and of their metabolized or
breakdown products may have harmful effects on consumers of plant
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 of the residues of certain 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 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 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 these
maximum levels must represent the lowest possible levels;!B
(1) OJ No C 97, 28. 7. 1969, p. 35.
(2) OJ No C 40, 25. 3. 1969, p. 4.1976L0895 — EN — 26.02.1981 — 003.001 — 2
Whereas the free circulation throughout the Community of products with
a level of residue of certain pesticides less than or equal to the maxima
fixed in Annex II should be assured; whereas at the same time Member
States should be allowed to permit the circulation in their territory,
without discrimination and in cases where they consider this 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 of this 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
temporarily these levels;
Whereas it is appropriate in that case to establish close cooperation
between the Member States and the Commission within a Standing
Committee on Plant Protection;
Whereas, where Member States fix maximum content levels for products
marketed on their territory they should make certain that these levels are
observed by means of official checks, consisting, at least, of sampling;
Whereas, in that case, the official checks should be made by using
Community methods of sample-taking and Community methods of
analysis;
Whereas the fixing of methods of sampling and analysis is a technical
and scientific implementing measure; whereas in order to facilitate the
adoption thereof, the rules relating to those samples and analyses should
be laid down by means of a 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 of their
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 Tariff
headings 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 of this Directive ‘pesticide residues’ means the
residual traces of pesticides, as well as any of the toxic breakdown or
metabolized products listed in Annex II, which are present in or on the
products referred to in Article 1.
2. For the purposes of this Directive ‘putting into circulation’means any
handing over, whether in return for payment or free of charge, of the
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 of the products referred to in Article 1 on the
ground that they contain pesticide residues if the quantity of these
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 of products referred 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 of any implementation of paragraphs 1 and 2.!B1976L0895 — EN — 26.02.1981 — 003.001 — 3
Article 4
1. Where a Member State considers that a maximum level fixed in
Annex II might endanger the health of humans or of animals other than
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 of the measures taken with a
statement of the reasons therefor.
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 be
amended. 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. In
making such amendments account shall be taken of technical and
scientific progress as well as of the requirements of health and
agriculture.
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 verification
provided for in paragraph 1, the sampling and qualitative and quantitative
analysis carried out for the purposes of identifying and estimating the
amounts of pesticide 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 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 chairman
shall 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 these
measures within a time limit set by the chairman having regard to the
urgency of the matters to be examined. Opinions shall be delivered by a
majority of "A1forty-five 3votes.
4. Where the measures are in accordance with the opinion of the
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 if no opinion is delivered, the Commission shall
immediately submit to the Council a proposal on the measures to be
taken. 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 Commission
shall adopt the proposed measures and shall implement them
immediately, except where the Council has rejected the said measures
by a simple majority.!B
(1) See page 25 of this Official Journal.1976L0895 — EN — 26.02.1981 — 003.001 — 4
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 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 chairman
shall 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 these
measures within two days. Opinions shall be delivered by a majority of
"A1forty-five 3votes.
4. Where the measures are in accordance with the opinion of the
Committee, the Commission shall adopt them and shall implement them
forthwith. Where they are not in accordance with the opinion of the
Committee or if no opinion is del ivered, the Commission shall
immediately 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 proposed
measures and shall implement them immediately, except where the
Council 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 of proof can be brought that they
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
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.!B1976L0895 — EN — 26.02.1981 — 003.001 — 5
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 chilled
07.01 F Leguminous vegetables, shelled or unshelled, fresh or chilled
07.01 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 chilled
07.01 L Artichokes, fresh or chilled
07.01 M Tomatoes, fresh or chilled
07.01 N Olives, fresh or chilled
07.01 O Capers, fresh or chilled
07.01 P Cucumbers and gherkins, fresh or chilled
07.01 Q Mushrooms and truffels, fresh or chilled
07.01 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, frozen
ex 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.!B1976L0895 — EN — 26.02.1981 — 003.001 — 6
ANNEX II
List of pesticide residues and maximum residual levels
EEC
No (1)Pesticides
Maximum 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)-sulfite nil (2)
— atrazine 2-ethylamino-3-chloro-o-isopropylamino-
1,3,5-triazine 1.0
15/60 azinphos-ethyl 0,0-diethyl-S-[(4-oxo-3H-1,2,3-benzo-tria-
zine-3-yl)-methyl]-dithiophosphate9
>>=
>>;singly 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-tria-
zine-3-yl)-methyl]-dithiophosphate
6/20 barban (4-chloro-but-2-in-yl)-N-(3-chlorophenyl)-car-
bamente 0.1
609/21 binapacryl [6-(1-methyl-propyl)-2,4-dinitrophe-
nyl]-3,3-dimethyl-acrylate nil (2): carrots
0.3:other products
— captan N-(trichlor-methylthio)-cyclohex-4-ene-1,
2-dicarboxymide 15.0
6/11 carbaryl N-methyl-1-naphthyl-carbamate 2.5:apricots, apples,
pears, peaches,
grapes, plums,salads, cabbages,cauliflowers and
Brussels sprouts
1.2:other products
620/6 chlorbenzide (4-chloro-benzyl)-(4-chloro-phenyl)-sulphide 1.5
620/4 chlorfenson (4-chloro-phenyl)-4-chloro-benzene-sulphon-
ate 1.5
— chlorbenzilate ethyl-2-hydroxy-2,2-bis (4-chloro-phenyl)-
acetate 1.5
6/22 chloroxuron 1-[4-(chlorophenoxyl-phenyl)] 3.3-dimethyl-
urea 0.2
15/33 demeton-S-methyl 0,0-dimethyl-S-(2-ethylthioethyl)-monothiop-
hosphate9
>>>>>>>=
>>>>>>>;singly or combined:
nil (
2): carrots
0.4:other products (cal-
culated as demeton-
S-methyl sulphone15/49 oxydementon-methyl 0,0-dimethyl-S-(2-ethylsuphinyl-ethyl)-mono-
thiophosphate
— demeton-S-metyl-sulfone 0,0-dimethyl and S-ethyl-sulphonyl thiophos-
phate
6/19 diallate S-(2,3-dichloro-allyl)- N,N diisopropylmono-
thio-carbamate 0.05
607/24 dichlorprop 2-(2,4-dichlorophenoxy) propionic acid 0.05
15/55 dimethoate 0.0-dimethyl-S-(N-methyl carbamoyl) methyl
dithiophosphate 1
— omethoate dimethyl-S-(N-methyl carbamoyl methyl)
phosphorothiolate0.4:cherries, witloof
chicory, artichokesand spinach
0.1:berries, onions,
leeks and root veg-etables
0.2:other products
609/23 dinoseb 2.4-dinitro-6-(1-methylpropyl) phenol 0.05!
B
!M2
!B1976L0895 — EN — 26.02.1981 — 003.001 — 7
EEC
No (1)Pesticides
Maximum levels
(in mg/kg (ppm))
Common name Chemical formula
— 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,-hex-
ahydro-6,9-methano-2,3,4-benzo(e)-dioxathie-
pin-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-octahydro-1,4- endo -
5,8-endo-dimethano-naphthalene nil (2)
15/56 fenchlorphos 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phos-
phorothioate9
>>>>>=
>>>>>;calculated as
fenchlorphos 0.01including
- - 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phos-
phate
15/58 fenitrothion dimethyl-3-methyl-4-nitrophenyl phosphoro-
thionate 0.5
15/61 formothion S-( N-formyl-N-methylcarbanoylmethyl) di-
methyl phosphorothiolothionate 0.1
— — 1,1-dichloro-2,2-bis(4-ethyl-phenyl) ethane 10.0
602/23 lindane gamma-1,2,3,4,5,6-hexachlorcyclohexane 2.0:leaf vegetables
0.1:carrots
1.5:other products
15/44 malathion S[-1,2- bis(ethoxy-carbonyl)-ethyl]- 0,0-di-
methyl-dithiophosphate9
>>>>>=
>>>>>;3.0:vegetables, except
root vegetables
0.5:other productsincluding
malaoxon S-(-1,2- bis(ethoxy-carbonyl)-ethyl)- 0,0-di-
methyl-thiophosphate
— methoxychlor 1,1,1-trichloro-2,2- bis(4-methoxy-phenyl)
ethane 10.0
15/37 parathion 0,0-diethyl- 0-(4-nitro-phenyl)-monothiophos-
phate9
>>>>=
>>>>;0.5including
paraoxon 0,0-diethyl- 0-(4-nitro-phenyl)-phosphate
15/36 methyl parathion 0,0-dimethyl-0-(4-nitro-phenyl)-monothiop-
hosphate9
>>>>=
>>>>;0.15including
methyl-paraoxon 0,0-dimethyl-0-(4-nitro-phenyl)-phosphate
15/22 phosphamidon 2-chloro-2-diethylcarbamoyl-1-methylvinyldi-
methyl phosphate 0.15
607/21 folpet N-(trichloromethylthio) phthalimide 15.0
— propoxur 2-iso propoxy phenyl methylcarbamate 3.0
15/27 tEPP 0,0,0,0 -tetræthyl-pyrophosphate nil (
2)
6/5 thiram bis (dimethyl-thio-carbamoyl)-disulphide 3.8: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)-phosphonate 0.5
(1) Numbering of Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and
administrative provisions relating to the classification, packaging and labelling of dangerous substances (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 of sensitivity under the method of determination are tolerated.!B
!M1
!B1976L0895 — EN — 26.02.1981 — 003.001 — 8