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
Date: 2006-05-11
Institutions: EFTA Surveillance Authority
Subjects: EFTA countries, cereals, crop production, disclosure of information, pesticide residue, plant health control

21.12.2006

EN

Official Journal of the European Union

L 366/87

EFTA SURVEILLANCE AUTHORITY

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 Recommenda-
tion 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.

(1) OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission

(3) Codex Alimentarius, Pesticide Residues in Foodstuffs, Rome 1994,

Directive 2006/92/EC (OJ L 311, 10.11.2006, p. 31).

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

(2) OJ L 350, 14.12.1990, p. 71. Directive as last amended by

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

Commission Directive 2006/92/EC.

ph_ps/pest/index_en.htm.

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Official Journal of the European Union

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(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 Alimentar-
ius Commission.

(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.

2.

(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.

Sample and analyse for
the product/pesticide residue
combinations set out in the Annex I to this Recommenda-
tion, 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.

For pesticides posing an acute risk i.e. where an ARfD is set
(e.g. OP-esters, endosulfan and N-methylcarbamates) sam-
pling should be done in such a way to allow the selection of
two laboratory samples.
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:

the first

If

(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
formulae and follow-on formulae (7), as
1991 on infant
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.

— Aubergines

— Grapes (9)

— Bananas

— Pepper.

(8)

Information on the results of monitoring programmes is
particularly appropriate for treatment, storage and trans-
mission 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.

(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).

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.

(8) OJ L 49, 28.2.1996, p. 1. Directive as last amended by Directive

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

2003/13/EC (OJ L 41, 14.2.2003, p. 33).

of about 555 g.

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Official Journal of the European Union

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(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 labora-
tories carrying out the analyses;

(d)

information about the proficiency tests and ring tests
in which the laboratory has participated.

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)

(b)

(c)

the criteria applied in determining the number 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;

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

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.

7.

5.

6.

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 recommenda-
tions concerning monitoring programmes.

The result on samples taken from produce originating from
organic farming should be reported in a separate datasheet.

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)

(b)

the results of their national programmes concerning
pesticide residues;

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;

(10) Presented to and taken note of in the Standing Committee on the

Food Chain and Animal Health (SCFCAH) every year.

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ANNEX I

Pesticide/product combinations to be monitored

Pesticide residue to be analysed for

2006

(b)

Acephate

Acetamiprid

Aldicarb

Azinphos-methyl

Azoxystrobin

Benomyl group

Bifenthrin

Bromopropylate

Bupirimate

Buprofezin

Captan + Folpet
Captan
Folpet

Carbaryl

Chlormequat (**)

Chlorothalonil

Chlorpropham

Chlorpyriphos

Chlorpyriphos-methyl

Cypermethrin

Cyprodinil

Deltamethrin

Diazinon

Dichlofluanid

Dichlorvos

Dicofol

Dimethoate + Omethoate
Dimethoate
Omethoate

Diphenylamine

2007 (*)

2008 (*)

(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)

(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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Pesticide residue to be analysed for

2006

2007 (*)

2008 (*)

Endosulfan

Fenhexamid

Fenitrothion

Fludioxinil

Imazalil

Imidacloprid

Indoxacarb

Iprodione

Iprovalicarb

Kresoxim-methyl

Lambda-cyhalothrin

Malathion

Maneb group

Mepanipyrim

Methamidophos

Metalaxyl

Methidathion

Methiocarb

Methomyl

Myclobutanil

Oxydemeton-methyl

Parathion

Penconazole

Phosalone

Pirimicarb

Pirimiphos-methyl

Prochloraz

Procymidone

Profenofos

Propargite

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(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)

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Pesticide residue to be analysed for

2006

2007 (*)

2008 (*)

Pyretrins

Pyrimethanil

Pyriproxyfen

Quenoxifen

Spiroxamine

Tebuconazole

Tebufenozoide

Thiabendazole

Tolcloflos-methyl

Tolylfluanid

Triadimefon + Triadimenol Triadimefon Triadimenol

Vinclozolin

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(b)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(c)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

Indicative for 2007 and 2008, subject to programmes which will be recommended for these years.

(*)
(**) Chlormequat should be analysed in pears and cereals only.
(a)
(b) Cauliflower, peppers (sweet), wheat, aubergines, grapes, peas (fresh/frozen, without pod), bananas and orange juice. For orange juice

Pears, beans (fresh or frozen), potatoes, carrots, oranges or mandarins, spinach (fresh or frozen), rice and cucumber.

EFTA States should specify the source (concentrates or fresh fruits).

(c) Apples, tomatoes, lettuce, strawberries, leek, head cabbage, rye or oats, peaches including nectarines and similar hybrids.