25. 2. 89 Official Journal of the European Communities No C 46/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) on the fixing of maximum levels for pesticide residues 
in and on certain products of plant origin, including fruit and vegetables, and amending 
Directive 76/895/EEC as regards procedural rules 
COM(88) 798 final 
(Submitted by the Commission on 23 December 1988) 
(89/C 46/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
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 essential to protect plants and plant 
products against these organisms, not only to prevent a 
reduction in yield or damage to the products harvested 
but also to increase agricultural productivity; 
Whereas one of the most important methods of 
protecting plants and plant products from the effects of 
these organisms is the use of chemical pesticides; 
Whereas, however, their favourable effect on plant 
production is not the only effect of these pesticides, since 
they are generally dangerous substances or preparations 
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 plant products; whereas these pesticides should not be used in circumstances which 
present a risk to human or animal health; 
Whereas these pesticides and the impurities which may 
accompany them can present dangers for the envi­
ronment; 
Whereas, in order to deal with these problems, Council 
Directive 76/895/EEC ('), as last amended by Directive 
88/298/EEC (2), fixes maximum levels for pesticide 
residues in and on fruit and vegetables and ensures the 
free movement throughout the Community of products 
with levels less than, or equal to, these maxima; whereas, 
however, that Directive permits Member States, in cases 
where they consider this justified, to authorie the 
movement within their own territories of products 
containing levels higher than the maxima; 
Whereas this last provision leads in some cases to 
continuing differences between Member States as regards 
the maximum permissible levels for these pesticide 
residues, which can help to create barriers to trade and 
thus hinder the free movement of goods within the 
Community; whereas, with a view to achieving the single 
market in 1992, these barriers should be removed; 
Whereas, for these reasons, the possibility for Member 
States to authorize higher levels should be eliminated 
and maximum levels mandatory in all Member States 
should be fixed for certain active substances in and on 
fruit and vegetables, which must be oberserved when 
these products are put into circulation; 
Whereas, again with a view to ensuring the free 
movement of goods within the Community, mandatory 
maximum levels should also be fixed for certain 
pesticides in and on certain other products of plant 
origin; 
(») OJ No L 340, 9. 12. 1976, p 26. 
(2) OJ No L 126, 20. 5. 1988, p. 53. 
No C 46/6 Official Journal of the European Communities 25. 2. 89 
Whereas, moreover, observance of the maximum levels 
will ensure that products can move freely and that the 
health of consumers and of animals is properly-
protected; 
Whereas, however, the determination of mandatory 
maximum levels for pesticide residues requires lengthy 
technical consideration, so that such levels cannot be 
imposed immediately upon the pesticide residues 
regulated by Directive 76/895/EEC; 
Whereas it is therefore necessary to adopt a separate 
measure providing for these mandatory maximum levels, 
with a view to transferring pesticide residues from 
Directive 76/895/EEC to this separate measure 
progressively as mandatory levels are determined for 
them; 
Whereas, accordingly, subject to certain procedural 
amendments, this Regulation is without prejudice to 
Directive 76/895/EEC, which shall continue to apply to 
certain pesticide residues not subject to this Regulation; 
Whereas the establishment of a list of pesticide residues 
and their maximum levels is a technical and scientific 
matter which should be determined by means of a 
procedure involving close cooperation between the 
Member States and the Commission within the Standing 
Committee on Plant Health; whereas, however, this list 
should not include a pesticide residue while it remains 
subject to Directive 76/895/EEC; 
Whereas it is not appropriate to apply this Regulation to 
products intended for export to third countries, as the 
maximum levels for pesticide residues applicable there 
may be different from those fixed for the Community 
pursuant to this Regulation; nor is it necessary to apply 
this Regulation to products intended for the manufacture 
of products other than foodstuffs, or for sowing or 
planting; 
Whereas, in order to guarantee compliance with this 
Regulation when products are put into circulation, the 
Member States must take suitable control measures; 
whereas the necessary inspections should be 
programmed, carried out and their results reported in 
accordance with Council Directive .../.. ./EEC of . . . 
on the official inspection of foodstuffs; 
Whereas, in order to ensure that traders and consumers 
are properly informed, clear indications should be given 
when products contain residues of pesticides resulting 
from post-harvest treatment to protect them until sale to 
the ultimate consumer; whereas this is particularly 
relevant to certrain substances employed for the surface treatment of citrus fruits and bananas and now regulated 
by Council Directive 64/54/EEC of 5 November 1963 
on the approximation of the laws of the Member States 
concerning the preservatives authorized for use in food­
stuffs intended for human consumption ('), as last 
amended by Directive 85/585/EEC (2); whereas the use 
of these substances should more properly be regulated in 
the framework of Comunity rules relating to pesticides 
and it is envisaged that they will, in due course, be 
brought within the scope of this Regulation; whereas it is 
therefore necessary to include a provision on indications 
relating to post-harvest treatment in this Regulation; 
Whereas Community methods of sampling and analysis 
should be established and, in the case of analysis 
methods, used at least as reference methods; whereas the 
establishment of these methods is a technical and 
scientific implementing measure which can be taken by 
the Commission with the assistance of an advisory 
committee comprised of the representatives of the 
Member States; whereas the analysis methods should 
comply with the criteria set out in the Annex to 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 (3), as last amended by Directive 
.../.. ./EEC; 
Whereas future modification of the list of products of 
plant origin in or on which pesticide residues may be 
present is a technical and scientific matter which should 
be determined by means of a procedure involving close 
cooperation between the Member States and the 
Commission within the Standing Committee on Plant 
Health; 
Whereas Member States should be allowed to reduce 
temporarily the levels laid down if they subsequently 
prove dangerous to human or animal health; whereas it 
is appropriate in these cases also to establish close 
cooperation between the Member States and the 
Commission within the Standing Comittee on Plant 
Health; 
Whereas amendments to the list of fruit and vegetables 
in and on which pesticide residues may be present, 
contained in Annex I to Directive 76/895/EEC, and 
amendments to the list of pesticide residues and 
maximum levels contained in Annex II thereto, are 
technical and scientific matters which should be 
determined by means of the procedure laid down in 
Article 7 of that Directive; 
(') OJ No 12, 27. 1. 1964, p. 161/64. 
(2) OJ No L 372, 31. 12. 1985, p. 43. 
O OJ No L 372, 31. 12. 1985, p. 50. 
25. 2. 89 Official Journal of the European Communities No C 46/7 
Whereas, in order to improve the efficiency of the 
Community's decision-making process, and in particular 
to ensure effective action by the Commission in matters 
delegated to it by the Council, the procedures laid down 
in Article 7 (4) and 8 (4) of Directive 76/895/EEC 
should be amended, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation shall apply to products within the 
groups specified in column 1 of the Annex, examples of 
which are given in column 2, in so far as products in 
these groups, or the portion of them described in column 
3, may contain certain pesticide residues. 
The list of pesticide residues concerned and their 
maximum levels shall be established in accordance with 
the procedure laid in Article 11. A pesticide residue shall 
not be included on the list for as long as a maximum 
level is fixed for it by Directive 76/895/EEC. 
2. This Regulation shall apply without prejudice to: 
— the provisions of Directive 64/54/EEC relating to 
biphenyl (diphenyl), orthophenylphenol, sodium 
orthophenyl phenate and 2-(4-thiazolyl)-benzi-
midazole (thiabendazole), which shall continue to 
regulate the use of those substances until they and 
their maximum levels are included, in accordance 
with the procedure laid down in Article 11, in the list 
referred to in paragraph 1, 
— the provisions of Council Directive 74/63/EEC ('), 
— subject to Article 13, the provisions of Directive 
76/895/EEC, 
— the provisions of Council Directive 86/362/EEC (2). 
3. This Regulation shall not apply to the products 
referred to in paragraph 1 where it can be established by 
appropriate evidence that they are intended for: 
(a) export to third countries; 
(b) the manufacture of products other than foodstuffs; 
(c) sowing or planting. 
Article 2 
1. For the purposes of this Regulation, 'pesticide 
residues' mean residues of the pesticides and of their 
(') OJ No L 38, 11. 2. 1974, p. 31. 
(2) OJ No L 221, 7. 8. 1986, p. 37. metabolites, and breakdown or reaction products, 
included in the list referred to in Article 1, which are 
present in or on the products referred to in Article 1. 
2. For the purposes of this Regulation, 'putting into 
circulation' means any handing over, whether or not for 
a consideration, of the prudcts referred to in Article 1. 
Article 3 
1. The products or, where privided for, the portion of 
them, referred to in Article 1 shall not contain, from the 
time they are put into circulation, levels of pesticide 
residues greater than those specified in the list referred 
to in Article 1. 
2. Member States shall ensure, at least by check 
sampling, compliance with the maximum levels referred 
to in paragraph 1. The necessary inspections shall be 
carried out in accordance with the provisions of 
Directive .../.. ./EEC and in particular Article 3 
thereof. 
Article 4 
Programming, and reporting of the results, of the official 
checks carried out pursuant to Article 3 shall be carried 
out in accordance with Article 11 of Directive 
.../.. ./EEC, except that reports shall be sent to the 
Commission before 1 August each year rather than 1 
May. 
Article 5 
Member States may not prohibit or impede the putting 
into circulation within their territories of the products 
referred to in Article 1 on the ground that they contain 
pesticide residues, if the quantity of such residues in the 
products or the relevant portion of them does not exceed 
the maximum levels specified in the list referred to in 
Article 1. 
Article 6 
In the case of fruit and vegetables which contain 
pesticide residues resulting from post-harvest treatment 
to protect them until sale to the ultimate consumer, such 
treatment shall be indicated by the words: 
'treated with. . .' 
followed by the common or, if none exists, chemical 
name of the pesticide used: 
— in the wholesale trade, on invoices and on one 
external surface of the packaging, 
— in the retail trade, by some visible indication giving 
the consumer clear information. 
No C 46/8 Official Journal of the European Communities 25. 2. 89 
Article 7 
1. The methods of sampling fruit and vegetables 
necessary for carrying out the checks provided for in 
Article 3 shall be those laid down by Commission 
Directive 79/700/EEC (1). The methods of sampling 
products, other than fruit and vegetables, and the 
methods of analysis for all products, necessary for 
carrying out the said checks, shall be determined in 
accordance with the procedure laid down in Article 10. 
The existence of Community methods of analysis shall 
not preclude Member States from using other tested and 
scientifically valid methods provided that this does not 
hinder the free movement of products recognized by 
virtue of Community methods as complying with the 
rules provided for in this Regulation. In the event of 
differences in the interpretation of results, those obtained 
by the use of Community methods shall be determinant. 
2. The methods of analysis determined under 
paragraph 1 shall comply with the criteria set out in the 
Annex to Directive 85/591/EEC. 
3. Member States shall inform the other Member 
States and the Commission of the methods used pursuant 
to paragraph 1. 
Article 8 
Amendments to the Annex as a result of developments in 
scientific or technical knowledge shall be adopted in 
accordance with the procedure laid down in Article 11. 
Article 9 
1. Where a Member State, as a result of new infor­
mation or of a reassessment of existing information, 
considers that a maximum level fixed in the list referred 
to in Article 1 endangers human or animal health, and 
therefore requires swift action to be taken, that Member 
State may temporarily reduce the level in its own 
territory. In that case, it shall immediately notify the 
other Member States and the Commission of the 
measures, attaching a statement of the reasons therefor. 
2. The Commission shall examine as soon as possible 
the grounds given by the Member State concerned and 
shall consult the Member States within the Standing 
Committee on Plant Health, hereinafter referred to as 
'the Standing Committee', and shall then deliver its 
opinion forthwith and take appropriate measures. The 
Commission shall immediately notify the Council and 
the Member States of any measures taken. Any Member 
State may refer the Commission's measures to the 
Council within 15 days of such notification. The Council 
acting by a qualified majority may take a different 
decision within 15 days of the date on which the matter 
was referred to it. 
(') OJ No L 207, 15. 8. 1979, p. 26. 3. If the Commission considers that the maximum 
levels laid down in the list referred to in Article 1 should 
be amended to resolve the difficulties mentioned in 
paragraph 1 and to ensure the protection of human 
health, it shall initiate the procedure laid down in Article 
12 with a view to adopting those amendments; the 
Member State which has taken measures under 
paragraph 1 may in that event maintain them until the 
Council or the Commission has taken a decision in 
accordance with the abovementioned procedure. 
Article 10 
Where the procedure laid down in this Article is to be 
followed the Commission shall be assisted by a 
committee of an advisory nature composed of the repre­
sentatives of the Member States and chaired by a 
representative of the Commission. 
The representative of the Commission shall submit to the 
committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft, within a 
time limit which the chairman may lay down according 
to the urgency of the matter, if necessary by taking a 
vote. 
The opinion shall be reccorded in the minutes; in 
addition, each member State shall have the right to ask 
to have its position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the committee. It shall inform the 
committee of the manner in which its opinion has been 
taken into account. 
Article 11 
1. Where the procedure laid down in this Article is to 
be followed, the matter shall be referred without delay to 
the Standing Committee by its chairman, either on his 
own initiative or at the request of a Member State. 
2. The representative of the Commission shall submit 
to the Standing Committee a draft of the measures to be 
taken. The Standing Committee shall deliver its opinion 
on the draft within a time limit which the chairman may 
lay down according to the urgency of the matter. The 
opinion shall be delivered by the majority laid down in 
Article 148 (2) of the Treaty in the case of decisions 
which the Council is required to adopt on a proposal 
from the Commission. The votes of the representatives of 
the Member States within the Standing Committee shall 
be weighted in the manner set out in that Article. The 
chairman shall not vote. 
3. The Commission shall adopt the measures 
envisaged if they are in accordance with the opinion of 
the Standing Committee. 
4. If the measures are not in accordance with the 
opinion of the Standing Committee, or if no opinion is 
delivered, the Commission shall without delay submit to 
the Council a proposal relating to the measures to be 
taken. The Council shall act by a qualified majority. 
25. 2. 89 Official Journal of the European Communities No C 46/9 
5. If, within three months following the date on which 
the matter was referred to the Council, the Council has 
not acted, the proposed measures shall be adopted by the 
Commission. 
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 by its chairman, either on his 
own initaitive or at the request of a Member State. 
2. The representative of the Commission shall submit 
to the Standing Committee a draft of the measures to be 
taken. The Standing Committee shall deliver its opinion 
on the draft within a time limit which the chairman may 
lay down according to the urgency of the matter. The 
opinion shall be delivered by the majority laid down in 
Article 148 (2) of the Treaty in the case of decisions 
which the Council is required to adopt on a proposal 
from the Commission. The votes of the representatives of 
the Member States within the Standing Committee shall 
be weighted in the manner set out in that Article. The 
chairman shall not vote. 
3. The Commission shall adopt the measures 
envisaged if they are in accordance with the opinion of 
the Standing Committee. 
4. If the measures are not in accordance with the 
opinion of the Standing Committee, or if no opinion is 
delivered, the Commission shall without delay submit to 
the Council a proposal relating to the measures to be 
taken. The Council shall act by a qualified majority. 5. If, within 15 days following the date on which the 
matter was referred to the Council, the Council has not 
acted, the proposed measures shall be adopted by the 
Commission. 
Article 13 
Directive 76/895/EEC is hereby amended as follows: 
1. Article 5 is replaced by the following: 
Article 5 
Without prejudice to Article 4, amendments to 
Annexes I and II as a result of developments in 
scientific or technical knowledge shall be adopted 
in accordance with the procedure laid down in 
Article 7'. 
2. At the end of the second subparagraph of both Article 
7 (4) and Article 8 (4) the words 'except where the 
Council has rejected the said measures by a simple 
majority' are deleted. 
Article 14 
This Regulation shall enter into force on 31 December 
1989. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
ANNEX 
List of products referred to in Article 1 and the portion of the products to which the maximum residue 
levels apply 
Note: The word 'fresh' is taken to extend to goods which have been chilled or frozen. 
1. Groups of products 2. Groups include the 
following products 3. Part of product to which maximum residue 
levels apply 
1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar; nuts 
(i) CITRUS FRUIT Grapefruit 
Lemons 
Limes 
Mandarins (including 
Clementines and similar 
hybrids) 
Oranges 
Pummelo Whole product 
No C 46/10 Official Journal of the European Communities 25. 2. 89 
1. Groups of products 
(ii) TREE NUTS 
(shelled or 
unshelled) 
(iii) POME FRUIT 
(iv) STONE FRUIT 
(v) BERRIES AND 
SMALL FRUIT 
(vi) MISCELLANEOUS 
FRUIT 2. Groups include the 
following products 
Almonds 
Brazil nuts 
Cashew nuts 
Chestnuts 
Coconuts 
Hazelnuts 
Macadamia 
Pecans 
Pine nuts 
Pistachios 
Walnuts 
Apples 
Pears 
Quinces 
Apricots 
Cherries 
Peaches (including 
nectarines and similar 
hybrids) 
Plums • 
(a) Table and wine grapes 
(b) Strawberries (other than 
wild) 
(c) Cane fruit (other 
wild) 
Blackberries 
Dewberries 
Loganberries 
Raspberries 
(d) Other small fruit 
berries (other than 
Bilberries (fruit of 
species vaccinium 
myrtillus) 
Cranberries 
Currants (red, 
and white) 
Gooseberries 
Rose hips 
(e) Wild berries and 
fruit 
Avocados 
Bananas 
Dates 
Figs 
Kiwi fruit 
Kumquats 
Litchis 
Mangoes 
Olives 
Passion fruit 
Pineapples 
Pomegranate than 
and 
wild) 
alack 
wild 3. Part of product to which maximum residue 
levels apply 
Whole product after removal of shell 
Whole product after removal of stems 
Whole product after removal of stems 
. Whole product after removal of caps 
and stems (if any) and, in the case of 
currants, fruits with stems 
Whole fruit after removal of stems (if 
any) and in the case of pineapple after 
removal of the crown 
25. 2. 89 Official Journal of the European Communities No C 46/11 
1. Groups of products 2. Groups include the 
following products 3. Part or product to which maximum residue 
levels apply 
2. Vegetables, fresh or uncooked, frozen or dry 
(i) ROOT AND TUBER 
VEGETABLES 
(ii) BULB VEGETABLES 
(iii) FRUITING 
VEGETABLES 
(iv) BRASSICA 
VEGETABLES 
(v) LEAF VEGETABLES 
AND FRESH HERBS Beetroot 
Carrots 
Celeriac 
Horse radish 
Jerusalem artichokes 
Kohlrabi 
Parsnip 
Parsley root 
Radishes 
Salsify 
Sweet potatoes 
Swedes 
Turnips 
Yam 
Garlic 
Onions 
Shallots 
Spring onions 
(a) Solanacea 
Tomatoes 
Peppers 
Aubergines 
Pepinos 
(b) Cucurbits — edible peel 
Cucumbers 
Gherkins 
Courgettes 
(c) Cucurbits — inedible 
peel 
Melons 
Squashes 
Watermelons 
(d) Sweet corn 
(a) Flowering 
Brassicas 
Broccoli 
Cauliflower 
(b) Head Brassicas 
Brussels sprouts 
Head cabbage 
(c) Leafy Brassicas 
Chinese cabbage 
Kale 
(a) Lettuce and similar 
Cress 
Lamb's lettuce 
Lettuce 
Scarole 
(b) Spinach and similar 
Beet leaves (chard) 
(c) Water cress 
(d) Witloof 
(e) Herbs 
Chervil 
Chives 
Parsley Whole product after removal of tops 
and adhering soil (if any) (removal of 
soil by rinsing in running water or by 
gentle brushing of the dry product) 
Onions (dry), shallots (dry), garlic 
(dry): whole product after removal of 
easily detachable skin and soil (if any). 
Onions, shallots and garlic other than 
dry, spring onions: whole product after 
removal of roots and soil (if any) 
Whole product after removal of stems 
Kernels or cobs without husks 
Cauliflower and broccoli: 
curd only 
Product after removal of decayed leaves 
(if any) 
Whole product after removal of decayed 
outer leaves, root and soil (if any) 
No C 46/12 Official Journal of the European Communities 25. 2. 89 
1. Groups of products 
(vi) LEGUME 
VEGETABLES (fresh) 
(vii) STEM VEGETABLES 
(viii) FUNGI 
3. Pulses 
4. Oil seeds 
5. Potatoes 
6. Tea 
(Black tea processed from 
the leaves of Camellia 
sinensis) 
7. Hops (dried), including 
hop pellets and unconcen-
trated powder 2. Groups include the 
following products 
Beans 
Peas 
Asparagus 
Cardoons 
Celery 
Fennel 
Globe artichokes 
Leek 
Rhubarb 
Mushrooms (other than 
wild) 
Wild mushrooms 
Beans 
Lentils 
Peas 
Linseed 
Peanuts 
Poppy seed 
Sesame seed 
Sunflower seed 
Rape seed 
Early and ware potatoes 3. Part of product to which maximum residue 
levels apply 
Whole product after removal of pods or 
with pods if pods are intended to be 
eaten 
Whole product after removal of decayed 
tissue and soil (if any); leeks and fennel: 
whole product after removal of roots 
and soil (if any) 
Whole product after removal of 
growing medium (if any) 
Whole product after removal of soil (if 
any) 
Whole product 
Whole seed or kernel after removal of 
shell or husk, when possible 
Whole product after removal of soil (if 
any) (removal of soil by rinsing in 
running water or by gentle brushing of 
the dry product) 
Whole product 
Whole product