Commission Recommendation of 9 January 2004 concerning a coordinated Community monitoring programme for 2004 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin (Text with EEA relevance) (notified under document number C(2003) 5400)
Date: 2004-01-09
Institutions: European Commission
Subjects: cereals, crop production, pesticide residue, plant health control, plant health legislation

L 16/60

EN

Official Journal of the European Union

23.1.2004

COMMISSION RECOMMENDATION

of 9 January 2004

concerning a coordinated Community monitoring programme for 2004 to ensure compliance with
maximum levels of pesticide residues in and on cereals and certain other products of plant origin

(notified under document number C(2003) 5400)

(Text with EEA relevance)

(2004/74/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 by Commission Directive
2003/113/EC (2), and in particular Article 7(2)(b) thereof,

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 (3), as last amended by Directive 2003/113/
EC, and in particular Article 4(2)(b) thereof,

Whereas:

(1)

The Commission should progressively work towards a
system which would permit the estimation of dietary
exposure to actual pesticide. To make realistic estima-
tions possible, data on the monitoring of pesticide resi-
dues 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, Member States are
only able to analyse samples of eight products each year
within a coordinated monitoring programme. Pesticide
uses show changes within the timescale of the three-year
period. Each pesticide should thus generally be moni-
tored in 20 to 30 food products over a series of three-
year cycles.

binomial probability distribution it can be calculated that
examination of 613 samples gives a confidence of more
than 99 % detecting one sample containing pesticide
residues above the limit of determination (LOD) where
less than 1 % of products of plant origin contain residues
above the LOD. Collection of these samples should be
apportioned between Member States on the basis of
population and consumer numbers, with a minimum of
12 samples per product and per year.

A new guideline concerning quality control procedures
for pesticide residue analysis has been published by the
Commission (5). It is agreed that these guidelines should
be implemented as far as possible by the analytical
laboratories of
the Member States and should be
reviewed continuously in the light of experience gained
in the monitoring programmes.

Article 4(2)(a) of Directive 90/642/EEC and Article
7(2)(a) of Directive 86/362/EEC require Member States
to specify the criteria applied in drawing up their
national
inspection programmes. Such information
should include: (i) the criteria applied in determining the
numbers of samples to be taken and analyses to be
carried out, the reporting levels applied and the criteria
by which the reporting levels have been fixed; (ii) details
of accreditation under Council Directive 93/99/EEC of
29 October 1993 on the subject of additional measures
concerning the official control of foodstuffs (6) of the
laboratories carrying out analyses; and (iii) the number
and type of infringements and the action taken.

(3)

(4)

(2)

Residues of all the pesticides covered by this Recommen-
dation should be monitored in 2004, as this will allow
use of these data for the estimation of actual dietary
exposure to them.

(5)

A systematic statistical approach to numbers of samples
to be taken in each coordinated monitoring exercise is
necessary. Such an approach has been set out by the
Commission of the Codex Alimentarius (4). Based on a

(1) OJ L 221, 7.8.1986, p. 37.
(2) OJ L 324, 11.12.2003, p. 24.
(3) OJ L 350, 14.12.1990, p. 71.
(4) Codex Alimentarius, pesticide residues in foodstuffs, Rome 1994,

ISBN 92-5-203271-1; Vol. 2, page 372.

Information on the results of monitoring programmes is
particularly appropriate for treatment, storage and trans-
mission by electronic/informatic methods. Formats have
been developed for supply of data by e-mail from the
Member States
to the Commission. Member States
should therefore be able to send their reports to the
Commission in the standard format. The further devel-
opment of such a standard format is most effectively
undertaken by the development of guidelines by the
Commission.

(5) Document Number

SANCO/10476/2003,

http://europa.eu.int/

comm/food/fs/ph_ps/pest/index_en.htm

(6) OJ L 290, 24.11.1993, p. 14.

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Official Journal of the European Union

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3. Member States are invited to send to the Commission and
to all other Member States, by 31 August 2005 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 2004 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 proce-
dures 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.

4. Member States are invited to send to the Commission, by
30 September 2004 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 2005, 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; and

(c) details of accreditation, under Directive 93/99/EEC of

the laboratories carrying out analyses.

Done at Brussels, 9 January 2004.

For the Commission

David BYRNE

Member of the Commission

(6)

The measures provided for in this recommendation are
in accordance with the opinion of
the Standing
Committee on the Food Chain and Animal Health,

HEREBY RECOMMENDS:

1. Member States are invited to take and analyse samples for
the product/pesticide residue combinations set out in Annex
I, on the basis of the number of samples of each product
allocated to them in Annex II, reflecting, as appropriate, the
national, Community and third country share of
the
Member State's market.

Preferably for pesticides posing an acute risk, e.g. OP-esters,
endosulfan and N-methylcarbamates, selected samples of the
products: apples, tomatoes, lettuce, leek and head cabbage
should also be subjected to individual analysis of the indivi-
dual units in the second laboratory sample in case such
pesticides are detected and particularly if it is the produce of
a single producer. The number of units should be in line
with Commission Directive 2002/63/EC (1).

Two samples should be taken. If the first laboratory sample
contains a detectable residue of a targeted pesticide, the
units of the second sample should be analysed individually.

2. Member States are invited to report

the
analysis of samples tested for the product/pesticide residue
combinations set out in Annex I by 31 August 2005 at the
latest, indicating:

the results of

(a) the

analytical methods used and reporting levels
achieved, in accordance with the quality control proce-
dures set out in the quality control procedures for pesti-
cide residue analysis;

(b) the number and type of infringements and the action

taken.

The report should be produced in a format, including the
electronic format, conforming to the guidance (2)
to the
Member States with regard to implementation of Commis-
sion recommendations concerning coordinated Community
monitoring programmes.

(1) OJ L 187, 16.7.2002, p. 30.
(2) Presented to and taken note of in the SCFCAH every year.

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Official Journal of the European Union

23.1.2004

ANNEX I

Pesticide/product combinations to be monitored

Pesticide residue to be analysed for

2004

Year

2005 (*)

2006 (*)

Acephate

Aldicarb

Azinphos-methyl

Azoxystrobin

Benomyl group

Bromopropylate

Captan

Chlorothalonil

Chlorpyriphos

Chlorpyriphos-methyl

Cypermethrin

Cyprodinil

Deltamethrin

Diazinon

Dichlofluanid

Dicofol

Dimethoate

Diphenylamine (**)

Endosulfan

Fenhexamid

Folpet

Imazalil

Iprodione

Kresoxim-methyl

Lambda-cyhalothrin

Malathion

Maneb group

Mecarbam

Methamidophos

Metalaxyl

Methidathion

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

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Official Journal of the European Union

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Pesticide residue to be analysed for

2004

Year

2005 (*)

2006 (*)

Methiocarb

Methomyl

Myclobutanil

Omethoate

Oxydemeton-methyl

Parathion

Permethrin

Phorate

Pirimiphos-methyl

Procymidone

Propyzamide

Spiroxamine

Thiabendazole

Tolylfluanid

Triazophos

Vinclozolin

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

Indicative for 2005 and 2006, subject to programmes which will be recommended for these years.

(*)
(**) Diphenylamine should be analysed in apples and pears only.
(a) Pears, bananas, beans (fresh or frozen), potatoes, carrots, oranges/mandarines, peaches/nectarins, spinach (fresh or frozen).
(b) Cauliflower, peppers, wheat, aubergines, rice, grapes, cucumber, peas (fresh/frozen, without pod).
(c) Apples, tomatoes, lettuce, strawberries, leek, orange juice, head cabbage, rye/oats.

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Official Journal of the European Union

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ANNEX II

Number of samples of each product to be taken by each Member State

Country code

Samples

Country code

Samples

A

B

CY

CZ

D

DK

E

EE

EL

F

FIN

HU

I

12

12

12

12

93

12

45

12

12

66

12

12

65

IRL

L

LT

LV

MT

NL

P

PL

S

SI

SK

UK

12

12

12

12

12

17

12

45

12

12

12

66

Total number of samples: 613