RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY of 19 April 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

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the EEA Agreement, and in particular Article 109 and Protocol 1 thereof,

Having regard to the Surveillance and Court Agreement, and in particular Article 5 (2) (b) and Protocol 1 thereof,

Having regard to the Act referred to in point 54 of Chapter XII of Annex II to the EEA Agreement (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)), and in particular Article 4 (3) thereof,

Whereas Directive 90/642/EEC was amended by Directive 93/58/EEC (2) 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 EFTA States not later than 1 July 1994; 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 requirements of Article 4 (2) of Directive 90/642/EEC that EFTA States should send to the EFTA Surveillance Authority by 1 August each year all the necessary information on the implementation of their inspection programmes carried out during the previous year does not, however, come into force until 1 August 1995;

Whereas there is therefore insufficient information concerning the EFTA States' completed and intended programmes of inspections available to the EFTA Surveillance Authority; 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 EFTA States during 1995; whereas it would also be helpful for the establishment of future coordinated recommendations for the EFTA Surveillance Authority to be informed in advance of the EFTA States' forward programmes for the monitoring of maximum levels of pesticide residues provided for by Directive 93/58/EEC;

Whereas the inspections and check sampling by EFTA States to ensure compliance with the maximum levels of pesticide residues 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 the Act referred to in point 20 of Chapter XII of Annex II to the EEA Agreement (Commission Directive 79/700/EEC of 24 July 1979 establishing methods of sampling for the official control of pesticide residues in and on fruit and vegetables (3)), the Act referred to in point 37 of Chapter XII of Annex II to the EEA Agreement (Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of methods of sampling and analysis for the monitoring of foodstuffs (4)), and the Acts referred to in points 50 and 54.N of Chapter XII of Annex II to the EEA Agreement (Council Directives 89/397/EEC (5) and 93/99/EEC (6) concerning the official control of foodstuffs);

Whereas the EFTA States have been consulted within the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority on 19 December 1994,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that the EFTA States:

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

2. as a priority criterion, take a minimum number of samples reflecting the production, consumption and importation into the EEA 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 of Directive 90/642/EEC as is possible, bearing in mind the analytical methods employed;

4. in enforcing the mandatory Maximum Residue Levels (MRLs) also, where appropriate, determine the level of residue contained in each sample;

5. send to the EFTA Surveillance Authority 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 EFTA Surveillance Authority all the information as required by Article 4 (2) of Directive 90/642/EEC and, in particular, report the results of the monitoring exercise for 1994 using the model report forms; and

7. by 1 September 1995, send to the EFTA Surveillance Authority their intended national monitoring programme for the year 1996.

Done at Brussels, 19 April 1995.

For the EFTA Surveillance Authority

The President

Knut ALMESTAD

(1) OJ No L 350, 14. 12. 1990, p. 71.

(2) OJ No L 211, 23. 8. 1993, p. 6.

(3) OJ No L 207, 15. 8. 1979, p. 26.

(4) OJ No L 372, 31. 12. 1985, p. 50.

(5) OJ No L 186, 30. 6. 1989, p. 23.

(6) OJ No L 290, 24. 11. 1993, p. 14.