Amended proposal for a COUNCIL DIRECTIVE amending Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables, Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals, Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin, and 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
Date: 1997-01-31
Institutions: European Commission
Subjects: animal product, crop production, food inspection, health control, pesticide residue

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

Brussels,  31.01  1997 
COM(97) 21  final 

95/ 0154 (CNS) 

Amended  proposal  for  a 

COUNCIL  DIRECTIVE 

amending 

Council  Directive  76/895/EEC  of  23  November  1976  relating  to  the  fixing  of 

maximum  levels for pesticide  residues  in and on fruit and vegetables, 

Council  Directive  86/362/EEC  of 24 July  1986 on the fixing of maximum  levels  for pesticide 

residues  in and on cereals, 

Council  Directive  86/363/EEC  of 24 July  1986 on the fixing of maximum  levels for pesticide 

residues  in and on foodstuffs  of animal  origin, and 

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. 

(presented  by  the  Commission  pursuant to  Article  189  a  (2) 
of  the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

At  its  sitting  of  18 September  1996,  the  European  Parliament  delivered  its  opinion  on  the 
Commission  proposal  contained  in doc.  COM(95) 272 final. 

The  present  amended  proposal  takes  into  account  these  amendments  suggested  by  the 
European  Parliament which the Commission could accept either as such (amendment  21) or 
in principle  (amendments  12,  13,  18, 25, 26, 27, 28, 29, 30, 32, 38,  39, 40, 41). 

£ 

Amended proposal for a 

COUNCIL DIRECTIVE 

amending  Council  Directive  76/895/EEC  of  23  November  1976  relating  to  the  fixing  of 

maximum  levels for pesticide residues  in and on fruit and vegetables, 

Council Directive  86/362/EEC of 24 July  1986 on the fixing of maximum  levels for  pesticide 

residues  in and on cereals, 

Council  Directive 86/363/EEC of 24 July 1986 on the fixing of maximum  levels for  pesticide 

residues  in and on foodstuffs  of animal origin, and 

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. 

In  response  to  the  opinion  delivered  by  the  European  Parliament  on  the  proposal  for  a 

Council Directive  sent  to  the  Council  by  the  Commission  on  amending  Council  Directive 

76/895/EEC  of  23  November  1976  relating  to  the  fixing  of  maximum  levels  for  pesticide 

residues in and on fruit and vegetables, Council Directive 86/362/EEC of 24 July 1986 on the 

fixing  of  maximum 

levels 

for  pesticide 

residues 

in  and  on 

cereals, 

Council Directive  86/363/EEC of 24 July  1986 on the fixing of maximum  levels for  pesticide 

residues  in  and  on  foodstuffs  of  animal  origin,  and  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  and in accordance with  Article  189a 

(2)  of  the  Treaty  establishing  the  European  Community,  the  Commission  has  decided  to 

amend the aformentioned  proposal as follows. 

Amendments  in Article  1 of the  proposal  (Council  Directive  76/895/EEC) 

1. 

The  following  points  are  added  after  the  heading  of Article  1 of  the  proposal: 

1.  Article  1 is  replaced  by the  following: 

"Article  1 

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. 

2.  This  Directive  shall  also  apply  to the  same  products  after  drying  or  processing 

or  after  inclusion  in  a  composite  food  insofar  as  they  may  contain  certain 

pesticide  residues. 

3.  This  Directive is without  prejudice  to the provisions  of Directive 91/321/EEC  on 

infant formulae  and follow-on formulae(1)  and Commission  Directive 96/5/EC  of 

16 February  1996 on processed  cereal-based  foods  and baby foods  for  infants 

and  young  children(2)." 

2.  Article  2  is  replaced  by  the  following: 

"Article  2 

For  the  purposes  of  this  Directive: 

1. 

'pesticide  residues'  shall  mean  residues  of  the  pesticides  and  of  their 

metabolites,  and breakdown  or reaction products, which are present  in or on the 

products  referred  to  in Article  1; 

(1)  Directive  as  last  amended  by  Commission  Directive  96/4/EC  of  16  February  1996, 

OJ  No  L 49,  28.2.96,  p.  12 
(2)  OJ  No  L 49,  28.2.96,  p.  17 

2. 

'putting  into circulation'  shall mean any post-harvest  handing  over, whether  or 

not for a consideration,  of the products  referred  to in Article 1." 

3.  Article 4 paragraph  1 is replaced  by the following: 

"Article 4 

1.  Where a Member State, as a result of new information or of a reassessment of 

existing information considers that a maximum level fixed in Annex  II 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.  Points  1-5  of the proposal  become  points  4-8  respectively. 

Amendments  in Article 2 of the proposal 

(Council  Directive  86/362/EEC) 

3. 

In point  1, the first sentence  of Article  1, paragraph  1 is replaced  by the following: 

"This  Directive  shall  apply  to  the  cereal  products  and  other  grains  or  seeds  listed  in 

Annex  I in so far as these  products  may contain  certain  pesticide  residues." 

4. 

In point 4, the words "1st subparagraph"  are deleted  in Article 5a, paragraph  1. 

5. 

In point  4, the words  "first subparagraph"  are deleted  in Article 5a,  paragraph  2. 

6. 

In point 4, Article 5a, paragraph  3, subparagraph  1 is replaced  by the following: 

'1  Where  a  product  specified  in  Article  1  (1)  satisfying  the  maximum  residue  levels 

applied  by its Member State of origin, has been submitted in the destination  Member 

State  to  measures  with  the  effect  to  prohibit  or  submit  to  special  restrictions  the 

putting  into  circulation  of the  product  concerned  on the  grounds  that  such  product 

contains  pesticide  residue  levels exceeding  the maximum residue  level accepted  in 

the destination  Member State, the destination  Member State shall inform thereof the 

other  Member  State  concerned  and  the  Commission  within  20  days  of  their 

application.  In the communication  the cases on which the information  is based, shall 

be  documented." 

In  point  5,  Article  7,  paragraph  3  is replaced  by the following: 

"3.  By  31  August  each  year,  the  Member  States  shall  send  to  the  Commission  the 

results  of the  analyses  of the  check  samples  taken  during  the  previous  year  under 

their  national  monitoring  programmes  and  under  the  co-ordinated  monitoring 

programme.The Commission shall collate and combine this information together with 

the results  of the checks carried out in accordance  with Directives 86/363/EEC  and 

90/642/EEC  and  analyse: 

infringments  of the  maximum  residue  levels  and 

the average  actual levels of residues  and their relative value with respect to the 

maximum  residue  levels  established. 

The  Commission  should  progressively  work towards  a system, when  preparing  the 

coordinated  monitoring  programme,  which  could  permit  to  estimate  the  actual 

pesticide  dietary  exposure. 

The  Commission  shall  communicate  this information  to the  Member  States  in the 

framework  of  the  Standing  Committee  on  Plant  Health  together  with  any 

recommendations  for consequent  action. In particular, the recommendations  should 

cover: 

c 

any  action  to  be taken  in the  case  of  reported  infringments  of  the  maximum 

levels, 

the desirability  ofpublication  of the collated  and combined  information, 

specific  conclusions  as  to  modifications  which  might  be  made  to  national 

monitoring  programmes." 

Amendments  in Article 3 of the proposal 

(Council  Directive  86/363/EEC) 

8. 

In point  4, the words  "1st subparagraph"  are deleted  in Article 5a, paragraph  1. 

9. 

In point  4, the words  "first subparagraph"  are deleted  in Article 5a, paragraph  2. 

10. 

In point  4, Article  5a,  paragraph  3, subparagraph  1 is replaced  by the following: 

"1.  Where  a  product  specified  in  Article  1(1)  satisfying  the  maximum  residue  levels 

applied by its Member State of origin, has been submitted in the destination  Member 

State  to  measures  with  the  effect  to  prohibit  or  submit  to  special  restrictions  ihe 

putting  into circulation  of the product  concerned  on the grounds  that  such  product 

contains  pesticide  residue levels exceeding the maximum residue  levé! accepted in 

the destination  Member State, the destination  Member State shall inform thereof the 

other  Member  State  concerned  and  the  Commission  within  20 days  of  their 

application.  In the communication the cases on which the information is based, shall 

be documented." 

11  The following  is added  between  point 4 and 5: 

4a.  The following  paragraph  is added  at the end of article 7: 

"The Commission shall collate and combine this information and process it, together 

with the results of the checks carried out in accordance with Directives 86/362/EEC 

and 90/642/EEC." 

% 

Amendments  in Article 4 of the  proposal 

(Council  Directive  90/642/EEC) 

12. 

in point  4, Article 4, paragraph  3 is replaced  by the following: 

"3.  By  31  August  each  year,  the  Member  States  shall  send  to  the  Commission  the 

results  of the analyses  of the check samples taken during the previous  year under 

their  national  monitoring  programmes  and  under  the  co-ordinated  monitoring 

programme.The Commission shall collate and combine this information together with 

the results of the checks carried out in accordance with Directives 86/362/EEC  and 

86/363/EEC  and analyse: 

infringments  of the maximum  residue  levels  and 

the average actual levels of residues and their relative value with respect to the 

maximum  residue  levels established. 

The Commission should  progressively  work towards a system, when preparing  the 

coordinated  monitoring  programme,  which  could  permit  to  estimate  the  actual 

pesticide  dietary  exposure. 

The Commission  shall communicate  this  information  to the Member  States  in the 

framework  of  the  Standing  Committee  on  Plant  Health  together  with  any 

recommendations  for consequent  action  if necessary." 

13. 

In point  5, the words  "1st subparagraph"  are deleted  in Article 5b, paragraph  1. 

14. 

In point  5, the words  "first subparagraph"  are deleted  in Article 5b, paragraph  2. 

e 

15. 

In point  5, Article  5b, paragraph  3, subparagraph  1 is replaced  by the following: 

"1.  Where  a  product  specified  in Article  1 (1), satisfying  the  maximum  residue  levels 

applied by its Member State of origin, has been submitted in the destination Member 

State  to  measures  with  the  effect  to  prohibit  or  submit  to  special  restrictions  the 

putting  into circulation  of the product  concerned  on the grounds  that  such  product 

contains  pesticide residue  levels exceeding  the maximum residue level accepted in 

the destination Member State, the destination Member State shall inform thereof the 

other  Member  State  concerned  and  the  Commission  within  20 days  of  their 

application.  In the communication the cases on which the information is based, shall 

be documented." 

16. 

in point  6, the text  of Article 7 is replaced  by the following: 

"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 9. In 

particular,  when  establishing  maximum  residue  levels,  account  shall  be  taken  of  a 

relevant  dietary  intake  risk  assessment  and  of  the  number  and  quality  of  the  data 

available. 

17. 

In point  7, the following  paragraph  is added  at the end in Article  10a: 

"In order to safeguard  legitimate  expectations,  Community  legal implementing  acts may 

provide for transitional  periods for the implementation  of certain maximum residue levels 

allowing  the normal  marketing  of the havested  products." 

9 

ISSN  0254-1475 

COM(97)21 final 

DOCUMENTS 

EN 

03  05  14 

15 

Catalogue  number  :  CB-CO-97-017-EN-C 

ISBN  92-78-15124-6 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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