EN Official Journal of the European Union L 366/87

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

No 143/06/COL

of 11 May 2006

concerning a monitoring programme for 2006 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin and national monitoring programmes for 2007

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (EEA), and in particular Article 109 and Protocol 1 thereof,

Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,

Having regard to the Act referred to at point 38 of Chapter XII of Annex II to the EEA Agreement (Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals) (1), as last amended and adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 7(2)(b) thereof,

Having regard to the Act referred to at point 54 in 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) (2), as last amended and adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 4(2)(b) thereof,

Whereas:

(1) The EFTA Surveillance Authority should progressively work towards a system which would permit the estimation of dietary exposure to actual pesticides. To make realistic estimations possible, data on the monitoring of pesticide residues should be available in a number of food products which constitute major components of the European diet. It is generally recognised that major components of the European diet are constituted by some 20 to 30 food products. In view of the resources available at national level for pesticide residue monitoring, the EFTA States are only able to analyse samples of eight products each year within a co-ordinated monitoring programme. Pesticide uses show changes within the timescale of the three-year cycles. Each pesticide should thus generally be monitored in 20 to 30 food products over a series of three-year cycles.

(2) Residues of all the pesticides covered by this Recommendation should be monitored in 2006, as this will allow using these data for the estimation of actual dietary exposure to them.

(3) A systematic statistical approach to numbers of samples to be taken in each monitoring exercise is necessary. Such an approach has been set out by the Codex Alimentarius Commission (3). On the basis of a binomial probability distribution, it can be calculated that examination of 613 samples gives a confidence of more than 99 % for detecting one sample containing pesticide residues above the limit of determination (LOD), provided that less than 1 % of products of plant origin contain residues above that limit. Collection of these samples should be apportioned across the European Economic Area on the basis of population and consumer numbers, with a minimum of 12 samples per product and per year.

(4) Guidelines concerning ‘Quality Control Procedures for Pesticide Residue Analysis’ are published on the European Commission website (4). It is agreed that these guidelines should be applied as far as possible by the analytical laboratories of the EFTA States and should be reviewed continuously in the light of experience gained in the monitoring programmes.

(5) The sampling methods and procedures laid down in the Act referred to at point 54zz of Chapter XII of Annex II to the EEA Agreement (Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (5) incorporate those recommended by the Codex Alimentarius Commission.

(6) Article 4(2)(a) of Directive 90/642/EEC and Article 7(2)(a) of Directive 86/362/EEC require the EFTA States to specify the criteria applied in drawing up their national inspection programmes. Such information should include the criteria applied in determining the numbers of samples to be taken and analyses to be carried out and the reporting levels applied, the criteria by which the reporting levels have been fixed and details of accreditation under the Act referred to at point 54n of Chapter XII of Annex II to the EEA Agreement (Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (6), as amended. The number and type of infringements and the action taken should also be indicated.

(7) Maximum residue levels for baby food have been established in accordance with Article 6 of the Act referred to at point 54a in Chapter XII of Annex II to the EEA Agreement (Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae (7), as amended, and Article 6 of the Act referred to at point 54zl in Chapter XII of Annex II to the EEA Agreement (Commission Directive 96/5/EC, of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (8), as amended.

(8) Information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic methods. Formats have been developed for supply of data by e-mail from the EC Member States to the Commission. The EFTA States could use the same format and should therefore be able to send their reports to the EFTA Surveillance Authority in the standard format. The further development of such a standard format is most effectively undertaken by the development of guidelines.

(9) The measures provided for in this recommendation are in accordance with the opinion of the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority,

HEREBY RECOMMENDS THE EFTA STATES TO:

1. Sample and analyse for the product/pesticide residue combinations set out in the Annex I to this Recommendation, on the basis of the number of samples reflecting as appropriate, national, EEA and third country share of the EFTA State's market. The sampling procedure, including the number of units, should be in line with the Act referred to at point 54zz of Chapter XII of Annex II to the EEA Agreement (Directive 2002/63/EC.

2. For pesticides posing an acute risk i.e. where an ARfD is set (e.g. OP-esters, endosulfan and N-methylcarbamates) sampling should be done in such a way to allow the selection of two laboratory samples. If the first laboratory sample contains a detectable residue of a targeted pesticide, the units of the second sample should be analysed individually. This applies to the following products: — Aubergines — Grapes (9) — Bananas — Pepper. Of these products, a reasonable number of samples should also be subjected to individual analysis of the individual units within the second laboratory sample in case such pesticides are detected in the first sample and particularly if it is the produce of a single producer.

3. Of the total amount of samples as given according to Annex I, each EFTA State, take and analyse: (a) at least ten samples of baby food based mainly on vegetables, fruits or cereals; (b) a number of samples (with a minimum of one sample where available) from produce originating from organic farming that reflects the market share of organic produce in each EFTA State.

4. Report the results of the analysis of samples tested for the product/pesticide residue combinations set out in the Annex I to this Recommendation, by 31 August 2007 at the latest, indicating: (a) the analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in the Quality Control Procedures for pesticide residue analysis; (b) the number and type of infringements and the action taken.

5. The report should be produced in a format, including the electronic format, conforming to the guidance (10) to the EEA States with regard to implementation of recommendations concerning monitoring programmes. The result on samples taken from produce originating from organic farming should be reported in a separate datasheet.

6. Send to the EFTA Surveillance Authority and to the other EFTA States, by 31 August 2006 at the latest, all the information as required by Article 7(3) of Directive 86/362/EEC and Article 4(3) of Directive 90/642/EEC concerning the 2005 monitoring exercise to ensure, at least by check sampling, compliance with maximum pesticide residue levels including: (a) the results of their national programmes concerning pesticide residues; (b) information on their laboratories’ quality control procedures and, in particular, information concerning aspects of the guidelines concerning quality control procedures for pesticide residue analysis which they have not been able to apply or have had difficulty in applying; (c) information on accreditation in accordance with the provisions of Article 3 of Directive 93/99/EEC (including type of accreditation, accreditation body and copy of accreditation certificate) of the laboratories carrying out the analyses; (d) information about the proficiency tests and ring tests in which the laboratory has participated.

7. Send to the EFTA Surveillance Authority, by 30 September 2006 at the latest, their intended national programme for monitoring maximum pesticide residue levels fixed by Directives 90/642/EEC and 86/362/EEC for the year 2007, including information on: (a) the criteria applied in determining the number of samples to be taken and analyses to be carried out; (b) the reporting levels applied and the criteria by which the reporting levels have been fixed; (c) details of accreditation, under Directive 93/99/EEC, of the laboratories carrying out analyses.

This Recommendation is addressed to Iceland, Liechtenstein and Norway. Done at Brussels, 11 May 2006. For the EFTA Surveillance Authority Kristján Andri STEFÁNSSON College Member Niels FENGER Director

(1) OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2006/92/EC (OJ L 311, 10.11.2006, p. 31).

(2) OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2006/92/EC.

(3) Codex Alimentarius, Pesticide Residues in Foodstuffs, Rome 1994, ISBN 92-5-203271-1; Vol.2, page 372.

(4) Doc. No SANCO/10476/2003, http://europa.eu.int/comm/food/fs/ph_ps/pest/index_en.htm.

(5) OJ L 187, 16.7.2002, p. 30.

(6) OJ L 290, 24.11.1993, p. 14. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284 31.10.2003, p. 1).

(7) OJ L 175, 4.7.1991, p. 35. Directive as last amended by Directive 2003/14/EC (OJ L 41, 14.2.2003, p. 37).

(8) OJ L 49, 28.2.1996, p. 1. Directive as last amended by Directive 2003/13/EC (OJ L 41, 14.2.2003, p. 33).

(9) For grapes the unit (i.e. standard bunch) is considered to have a size of about 555 g.

(10) Presented to and taken note of in the Standing Committee on the Food Chain and Animal Health (SCFCAH) every year.