COMMISSION RECOMMENDATION of 8 March 1995 concerning a coordinated programme of inspections in 1995 to ensure compliance with maximum levels of pesticide residues in and on certain products of plant origin, including fruit and vegetables (95/156/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (1), as last amended by Directive 94/30/EC (2), and in particular Article 4 (3) thereof,

Whereas Directive 90/642/EEC was amended by Directive 93/58/EEC (3) providing for a first list of maximum levels of pesticide residues as referred to in Article 1 (1) of Directive 90/642/EEC, to be implemented by the Member States not later than 31 December 1993; whereas Article 4 (1) of Directive 90/642/EEC requires Member States to draw up forward programmes laying down the nature and frequency of the inspections to be carried out to ensure compliance with the established list of maximum levels of pesticide residues; whereas the requirement of Article 4 (2) of Directive 90/642/EEC that Member States should send to the Commission by 1 August each year all the necessary information on the implementation of their inspection programmes carried out during the previous year cannot, however, usefully be implemented before 1 August 1995;

Whereas Directive 90/642/EEC was amended by Directive 94/30/EC providing for a second list of maximum levels of pesticide residues as referred to in Article 1 (1) of Directive 90/642/EEC, to be implemented by the Member States not later than 30 June 1995;

Whereas there is therefore insufficient information concerning the Member States' completed and intended programmes of inspections available to the Commission; whereas it is nevertheless necessary, in order to ensure compliance with the mandatory maximum levels of pesticide residues and to contribute to the completion and operation of the internal market, to make basic arrangements for a coordination of the inspections for pesticide residues to be carried out by the Member States during 1995; whereas it would also be helpful for the establishment of future coordinated recommendations for the Commission to be informed in advance of the Member States' forward programmes for the monitoring of maximum levels of pesticide residues;

Whereas the inspections and check sampling by Member States to ensure compliance with the maximum levels of pesticide residue set out in the list referred to in Article 1 (1) of Directive 90/642/EEC should be carried out in accordance with the requirements of Commission Directive 79/700/EEC of 24 July 1979 establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables (4), Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (1) and Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (2), as last amended by Directive 93/99/EEC (3);

Whereas the Standing Committee for Plant Health has been consulted on the coordinated programme of inspection planned for 1995,

HEREBY RECOMMENDS THE MEMBER STATES TO:

1. as a priority criterion, monitor products from a significant proportion of the groups of products set out in Annex I to Directive 90/642/EEC;

2. as a priority criterion, take a minimum number of samples, reflecting production, consumption and importation into the Community of each product, regularly throughout 1995 or during the marketing season of the product, with clearly recorded origin and stage of trade or marketing;

3. as a priority criterion, analyse for residues of as many pesticides listed in Annex II to Directive 90/642/EEC as is possible, bearing in mind the analytical methods employed;

4. in enforcing the mandatory maximum residue levels, also, where appropriate, determine the level of residue contained in each sample;

5. send to the Commission as soon as possible details of their national monitoring plans for 1995 drawn up in conformity with Article 4 (1) of Directive 90/642/EEC;

6. by 1 July 1995 if possible, but at the latest by 1 August 1995, send to the Commission all the information as required by Article 4 (2) of Directive 90/642/EEC and, in particular, report the results of the monitoring exercise 1994 using the model report forms; and 7. by 1 September 1995, send to the Commission their intended national monitoring programme for the year 1996.

Done at Brussels, 8 March 1995.

For the Commission Franz FISCHLER Member of the Commission