CELEX: 51988PC0798
Language: en
Date: 1989-02-01
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE FIXING OF MAXIMUM LEVELS FOR PESTICIDE RESIDUES IN AND ON CERTAIN PRODUCTS OF PLANT ORIGIN, INCLUDING FRUIT AND VEGETABLES, AND AMENDING DIRECTIVE 76/895/EEC AS REGARDS PROCEDURAL RULES

25. 2. 89                             Official Journal of the European Communities                               No C 46/5
                                                              II
                                                       (Preparatory Acts)
                                                 COMMISSION
             Proposal for a Council Regulation (EEC) on the fixing of maximum levels for pesticide residues
             in and on certain products of plant origin, including fruit and vegetables, and amending
                                    Directive 76/895/EEC as regards procedural rules
                                                     COM(88)     798 final
                                   (Submitted by the Commission on 23 December 1988)
                                                         (89/C 46/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            pesticides should not be used in circumstances which
                                                                    present a risk to human or animal health;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                   Whereas these pesticides and the impurities which may
thereof,                                                            accompany them can present dangers for the envi-
                                                                    ronment;
Having regard to the proposal from the Commission,
                                                                   Whereas, in order to deal with these problems, Council
                                                                    Directive 76/895/EEC ('), as last amended by Directive
Having regard      to  the   opinion    of   the  European          88/298/EEC (2), fixes maximum levels for pesticide
Parliament,                                                        residues in and on fruit and vegetables and ensures the
                                                                   free movement throughout the Community of products
                                                                   with levels less than, or equal to, these maxima; whereas,
Having regard to the opinion of the Economic and                   however, that Directive permits Member States, in cases
Social Committee,                                                  where they consider this justified, to authorie the
                                                                   movement within their own territories of products
                                                                   containing levels higher than the maxima;
Whereas crop production plays a very important role in
the Community;
                                                                   Whereas this last provision leads in some cases to
                                                                   continuing differences between Member States as regards
Whereas the yield from that production is continually              the maximum permissible levels for these pesticide
affected by harmful organisms and weeds;                           residues, which can help to create barriers to trade and
                                                                   thus hinder the free movement of goods within the
                                                                   Community; whereas, with a view to achieving the single
Whereas it is essential to protect plants and plant                market in 1992, these barriers should be removed;
products against these organisms, not only to prevent a
reduction in yield or damage to the products harvested
but also to increase agricultural productivity;                    Whereas, for these reasons, the possibility for Member
                                                                   States to authorize higher levels should be eliminated
                                                                   and maximum levels mandatory in all Member States
Whereas one of the most important methods of                       should be fixed for certain active substances in and on
protecting plants and plant products from the effects of           fruit and vegetables, which must be oberserved when
these organisms is the use of chemical pesticides;                 these products are put into circulation;
Whereas, however, their favourable effect on plant                Whereas,      again with a view to ensuring the free
production is not the only effect of these pesticides, since       movement     of goods within the Community, mandatory
they are generally dangerous substances or preparations            maximum       levels should also be fixed for certain
with dangerous side-effects;                                       pesticides  in and on certain other products of plant
                                                                   origin;
Whereas a large number of these pesticides and of their
metabolites or breakdown products may have harmful                 (») OJ No L 340, 9. 12. 1976, p 26.
effects on consumers of plant products; whereas these              (2) OJ No L 126, 20. 5. 1988, p. 53.
 ---pagebreak--- No C 46/6                             Official Journal of the European Communities                               25. 2. 89
Whereas, moreover, observance of the maximum levels             treatment of citrus fruits and bananas and now regulated
will ensure that products can move freely and that the          by Council Directive 64/54/EEC of 5 November 1963
health of consumers and of animals is properly-                 on the approximation of the laws of the Member States
protected;                                                      concerning the preservatives authorized for use in food-
                                                                stuffs intended for human consumption ('), as last
                                                                amended by Directive 85/585/EEC ( 2 ); whereas the use
Whereas,    however, the determination of mandatory             of these substances should more properly be regulated in
maximum     levels for pesticide residues requires lengthy      the framework of Comunity rules relating to pesticides
technical  consideration, so that such levels cannot be         and it is envisaged that they will, in due course, be
imposed    immediately upon the pesticide residues              brought within the scope of this Regulation; whereas it is
regulated  by Directive 76/895/EEC;                             therefore necessary to include a provision on indications
                                                                relating to post-harvest treatment in this Regulation;
Whereas it is therefore necessary to adopt a separate
measure providing for these mandatory maximum levels,           Whereas Community methods of sampling and analysis
with a view to transferring pesticide residues from             should be established and, in the case of analysis
Directive 76/895/EEC to this separate measure                   methods, used at least as reference methods; whereas the
progressively as mandatory levels are determined for            establishment of these methods is a technical and
them;                                                           scientific implementing measure which can be taken by
                                                                the Commission with the assistance of an advisory
                                                                committee comprised of the representatives of the
Whereas, accordingly, subject to certain procedural             Member States; whereas the analysis methods should
amendments, this Regulation is without prejudice to             comply with the criteria set out in the Annex to Council
Directive 76/895/EEC, which shall continue to apply to          Directive 85/591/EEC of 20 December 1985 concerning
certain pesticide residues not subject to this Regulation;      the introduction of Community methods of sampling and
                                                                analysis for the monitoring of foodstuffs intended for
                                                                human consumption (3), as last amended by Directive
                                                                . . . / . . ./EEC;
Whereas the establishment of a list of pesticide residues
and their maximum levels is a technical and scientific
matter which should be determined by means of a
procedure involving close cooperation between the               Whereas future modification of the list of products of
Member States and the Commission within the Standing            plant origin in or on which pesticide residues may be
Committee on Plant Health; whereas, however, this list          present is a technical and scientific matter which should
should not include a pesticide residue while it remains         be determined by means of a procedure involving close
subject to Directive 76/895/EEC;                                cooperation between the Member States and the
                                                                Commission within the Standing Committee on Plant
                                                                Health;
Whereas it is not appropriate to apply this Regulation to
products intended for export to third countries, as the
maximum levels for pesticide residues applicable there
may be different from those fixed for the Community             Whereas Member States should be allowed to reduce
pursuant to this Regulation; nor is it necessary to apply       temporarily the levels laid down if they subsequently
this Regulation to products intended for the manufacture        prove dangerous to human or animal health; whereas it
of products other than foodstuffs, or for sowing or             is appropriate in these cases also to establish close
planting;                                                       cooperation between the Member States and the
                                                                 Commission within the Standing Comittee on Plant
                                                                Health;
Whereas, in order to guarantee compliance with this
Regulation when products are put into circulation, the
Member States must take suitable control measures;              Whereas amendments to the list of fruit and vegetables
whereas      the    necessary   inspections     should   be     in and on which pesticide residues may be present,
programmed, carried out and their results reported in           contained in Annex I to Directive 76/895/EEC, and
accordance with Council Directive . . . / . . ./EEC of . . .     amendments to the list of pesticide residues and
on the official inspection of foodstuffs;                        maximum levels contained in Annex II thereto, are
                                                                technical and scientific matters which should be
                                                                determined by means of the procedure laid down in
Whereas, in order to ensure that traders and consumers          Article 7 of that Directive;
are properly informed, clear indications should be given
when products contain residues of pesticides resulting
from post-harvest treatment to protect them until sale to        (') OJ No 12, 27. 1. 1964, p. 161/64.
the ultimate consumer; whereas this is particularly              (2) OJ No L 372, 31. 12. 1985, p. 43.
relevant to certrain substances employed for the surface         O OJ No L 372, 31. 12. 1985, p. 50.
 ---pagebreak--- 25. 2. 89                             Official Journal of the European Communities                                  No C 46/7
Whereas, in order to improve the efficiency of the              metabolites, and breakdown or reaction products,
Community's decision-making process, and in particular          included in the list referred to in Article 1, which are
to ensure effective action by the Commission in matters         present in or on the products referred to in Article 1.
delegated to it by the Council, the procedures laid down
in Article 7 (4) and 8 (4) of Directive 76/895/EEC
should be amended,                                              2.          For the purposes of this Regulation, 'putting into
                                                                circulation' means any handing over, whether or not for
                                                                a consideration, of the prudcts referred to in Article 1.
HAS ADOPTED THIS REGULATION:
                                                                                               Article 3
                          Article 1                              1.         The products or, where privided for, the portion of
1.    This Regulation shall apply to products within the        them, referred to in Article 1 shall not contain, from the
groups specified in column 1 of the Annex, examples of          time they are put into circulation, levels of pesticide
which are given in column 2, in so far as products in           residues greater than those specified in the list referred
these groups, or the portion of them described in column        to in Article 1.
3, may contain certain pesticide residues.
                                                                2.          Member States shall ensure, at least by check
The list of pesticide residues concerned and their              sampling, compliance with the maximum levels referred
maximum levels shall be established in accordance with          to in paragraph 1. The necessary inspections shall be
the procedure laid in Article 11. A pesticide residue shall     carried out in accordance with the provisions of
not be included on the list for as long as a maximum            Directive . . . / . . ./EEC and in particular Article 3
level is fixed for it by Directive 76/895/EEC.                  thereof.
2.    This Regulation shall apply without prejudice to:
                                                                                               Article 4
— the provisions of Directive 64/54/EEC relating to             Programming, and reporting of the results, of the official
    biphenyl (diphenyl), orthophenylphenol, sodium              checks carried out pursuant to Article 3 shall be carried
    orthophenyl phenate and          2-(4-thiazolyl)-benzi-     out in accordance with Article 11 of Directive
    midazole (thiabendazole), which shall continue to            . . . / . . ./EEC, except that reports shall be sent to the
    regulate the use of those substances until they and          Commission before 1 August each year rather than 1
    their maximum levels are included, in accordance             May.
    with the procedure laid down in Article 11, in the list
    referred to in paragraph 1,
                                                                                               Article 5
— the provisions of Council Directive 74/63/EEC ('),             Member States may not prohibit or impede the putting
                                                                 into circulation within their territories of the products
— subject to Article 13, the provisions of Directive            referred to in Article 1 on the ground that they contain
    76/895/EEC,                                                 pesticide residues, if the quantity of such residues in the
                                                                products or the relevant portion of them does not exceed
— the provisions of Council Directive 86/362/EEC (2).           the maximum levels specified in the list referred to in
                                                                Article 1.
3.    This Regulation shall not apply to the products
referred to in paragraph 1 where it can be established by                                      Article 6
appropriate evidence that they are intended for:
                                                                 In the case of fruit and vegetables which contain
                                                                pesticide residues resulting from post-harvest treatment
(a) export to third countries;
                                                                 to protect them until sale to the ultimate consumer, such
                                                                 treatment shall be indicated by the words:
(b) the manufacture of products other than foodstuffs;
                                                                                          'treated with. . .'
(c) sowing or planting.
                                                                 followed by the common or, if none exists, chemical
                          Article 2                              name of the pesticide used:
 1.   For the purposes of this Regulation, 'pesticide
residues' mean residues of the pesticides and of their          — in the wholesale trade, on invoices and on one
                                                                         external surface of the packaging,
(') OJ No L 38, 11. 2. 1974, p. 31.                             — in the retail trade, by some visible indication giving
(2) OJ No L 221, 7. 8. 1986, p. 37.                                      the consumer clear information.
 ---pagebreak--- No C 46/8                              Official Journal of the European Communities                                 25. 2. 89
                          Article 7                               3.    If the Commission considers that the maximum
                                                                 levels laid down in the list referred to in Article 1 should
1.    The methods of sampling fruit and vegetables               be amended to resolve the difficulties mentioned in
necessary for carrying out the checks provided for in            paragraph 1 and to ensure the protection of human
Article 3 shall be those laid down by Commission                 health, it shall initiate the procedure laid down in Article
Directive 79/700/EEC (1). The methods of sampling                 12 with a view to adopting those amendments; the
products, other than fruit and vegetables, and the               Member State which has taken measures under
methods of analysis for all products, necessary for              paragraph 1 may in that event maintain them until the
carrying out the said checks, shall be determined in             Council or the Commission has taken a decision in
accordance with the procedure laid down in Article 10.           accordance with the abovementioned procedure.
The existence of Community methods of analysis shall
                                                                                            Article 10
not preclude Member States from using other tested and
scientifically valid methods provided that this does not         Where the procedure laid down in this Article is to be
hinder the free movement of products recognized by               followed the Commission shall be assisted by a
virtue of Community methods as complying with the                committee of an advisory nature composed of the repre-
rules provided for in this Regulation. In the event of           sentatives of the Member States and chaired by a
differences in the interpretation of results, those obtained     representative of the Commission.
by the use of Community methods shall be determinant.
                                                                 The representative of the Commission shall submit to the
2.    The methods of analysis determined under                   committee a draft of the measures to be taken. The
paragraph 1 shall comply with the criteria set out in the        committee shall deliver its opinion on the draft, within a
Annex to Directive 85/591/EEC.                                   time limit which the chairman may lay down according
                                                                 to the urgency of the matter, if necessary by taking a
                                                                 vote.
3.    Member States shall inform the other Member
States and the Commission of the methods used pursuant           The opinion shall be reccorded in the minutes; in
to paragraph 1.                                                   addition, each member State shall have the right to ask
                                                                 to have its position recorded in the minutes.
                          Article 8
                                                                 The Commission shall take the utmost account of the
Amendments to the Annex as a result of developments in            opinion delivered by the committee. It shall inform the
scientific or technical knowledge shall be adopted in             committee of the manner in which its opinion has been
accordance with the procedure laid down in Article 11.            taken into account.
                                                                                            Article 11
                          Article 9
                                                                  1.    Where the procedure laid down in this Article is to
1.    Where a Member State, as a result of new infor-
                                                                  be followed, the matter shall be referred without delay to
mation or of a reassessment of existing information,
                                                                  the Standing Committee by its chairman, either on his
considers that a maximum level fixed in the list referred
                                                                  own initiative or at the request of a Member State.
to in Article 1 endangers human or animal health, and
therefore requires swift action to be taken, that Member
                                                                  2.    The representative of the Commission shall submit
State may temporarily reduce the level in its own
                                                                  to the Standing Committee a draft of the measures to be
territory. In that case, it shall immediately notify the
                                                                  taken. The Standing Committee shall deliver its opinion
other Member States and the Commission of the
                                                                  on the draft within a time limit which the chairman may
measures, attaching a statement of the reasons therefor.
                                                                  lay down according to the urgency of the matter. The
                                                                  opinion shall be delivered by the majority laid down in
2.    The Commission shall examine as soon as possible            Article 148 (2) of the Treaty in the case of decisions
the grounds given by the Member State concerned and               which the Council is required to adopt on a proposal
shall consult the Member States within the Standing               from the Commission. The votes of the representatives of
Committee on Plant Health, hereinafter referred to as             the Member States within the Standing Committee shall
'the Standing Committee', and shall then deliver its              be weighted in the manner set out in that Article. The
opinion forthwith and take appropriate measures. The              chairman shall not vote.
Commission shall immediately notify the Council and
the Member States of any measures taken. Any Member               3.    The Commission shall adopt the measures
State may refer the Commission's measures to the                  envisaged if they are in accordance with the opinion of
Council within 15 days of such notification. The Council          the Standing Committee.
acting by a qualified majority may take a different
decision within 15 days of the date on which the matter           4.    If the measures are not in accordance with the
was referred to it.                                               opinion of the Standing Committee, or if no opinion is
                                                                  delivered, the Commission shall without delay submit to
                                                                  the Council a proposal relating to the measures to be
(') OJ No L 207, 15. 8. 1979, p. 26.                              taken. The Council shall act by a qualified majority.
 ---pagebreak--- 25. 2. 89                                  Official Journal of the European Communities                                           No C 46/9
5.    If, within three months following the date on which                   5.    If, within 15 days following the date on which the
the matter was referred to the Council, the Council has                     matter was referred to the Council, the Council has not
not acted, the proposed measures shall be adopted by the                    acted, the proposed measures shall be adopted by the
Commission.                                                                 Commission.
                             Article 12
                                                                                                          Article 13
1.    Where the procedure laid down in this Article is to
be followed, the matter shall be referred without delay to                  Directive 76/895/EEC is hereby amended as follows:
the Standing Committee by its chairman, either on his
own initaitive or at the request of a Member State.                         1. Article 5 is replaced by the following:
2.    The representative of the Commission shall submit                         Article 5
to the Standing Committee a draft of the measures to be
taken. The Standing Committee shall deliver its opinion                        Without prejudice to Article 4, amendments to
on the draft within a time limit which the chairman may                        Annexes I and II as a result of developments in
lay down according to the urgency of the matter. The                           scientific or technical knowledge shall be adopted
opinion shall be delivered by the majority laid down in                        in accordance with the procedure laid down in
Article 148 (2) of the Treaty in the case of decisions                         Article 7'.
which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of
the Member States within the Standing Committee shall                       2. At the end of the second subparagraph of both Article
be weighted in the manner set out in that Article. The                         7 (4) and Article 8 (4) the words 'except where the
chairman shall not vote.                                                       Council has rejected the said measures by a simple
                                                                               majority' are deleted.
3.    The Commission shall adopt the measures
envisaged if they are in accordance with the opinion of
the Standing Committee.                                                                                   Article 14
4.    If the measures are not in accordance with the                        This Regulation shall enter into force on 31 December
opinion of the Standing Committee, or if no opinion is                      1989.
delivered, the Commission shall without delay submit to
the Council a proposal relating to the measures to be                       This Regulation shall be binding in its entirety and
taken. The Council shall act by a qualified majority.                       directly applicable in all Member States.
                                                                    ANNEX
              List of products referred to in Article 1 and the portion of the products to which the maximum residue
                                                                  levels apply
               Note: The word 'fresh' is taken to extend to goods which have been chilled or frozen.
               1. Groups of products               2. Groups include the              3. Part of product to which maximum residue
                                                      following products                 levels apply
               1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar; nuts
                    (i) CITRUS FRUIT               Grapefruit                         Whole product
                                                   Lemons
                                                   Limes
                                                   Mandarins (including
                                                   Clementines and similar
                                                   hybrids)
                                                   Oranges
                                                   Pummelo
 ---pagebreak--- No C 46/10                        Official Journal of the European Communities                                         25. 2. 89
           1. Groups of products          2. Groups include the            3. Part of product to which maximum residue
                                             following products               levels apply
                (ii) TREE NUTS            Almonds                          Whole product after removal of shell
                      (shelled or         Brazil nuts
                      unshelled)          Cashew nuts
                                          Chestnuts
                                          Coconuts
                                          Hazelnuts                 •
                                          Macadamia
                                          Pecans
                                          Pine nuts
                                          Pistachios
                                         Walnuts
               (iii) POME FRUIT          Apples                            Whole product after removal of stems
                                          Pears
                                          Quinces
               (iv) STONE FRUIT          Apricots                          Whole product after removal of stems
                                          Cherries
                                          Peaches (including
                                          nectarines and similar
                                          hybrids)
                                          Plums
                  (v) BERRIES AND         (a) Table and wine grapes
                      SMALL FRUIT         (b) Strawberries (other than
                                               wild)
                                          (c) Cane fruit (other than
                                               wild)
                                               Blackberries
                                               Dewberries
                                               Loganberries
                                               Raspberries
                                          (d) Other small fruit and
                                               berries (other than wild) . Whole product after removal of caps
                                               Bilberries (fruit of        and stems (if any) and, in the case of
                                               species vaccinium           currants, fruits with stems
                                               myrtillus)
                                               Cranberries
                                               Currants (red, alack
                                               and white)
                                               Gooseberries
                                               Rose hips
                                          (e) Wild berries and wild
                                              fruit
               (vi) MISCELLANEOUS         Avocados                         Whole fruit after removal of stems (if
                      FRUIT               Bananas                          any) and in the case of pineapple after
                                          Dates                            removal of the crown
                                          Figs
                                          Kiwi fruit
                                          Kumquats
                                          Litchis
                                          Mangoes
                                          Olives
                                          Passion fruit
                                          Pineapples
                                          Pomegranate
 ---pagebreak--- 25. 2. 89                            Official Journal of the European Communities                                    No C 46/11
          1. Groups of products              2. Groups include the       3. Part or product to which maximum residue
                                                following products          levels apply
          2. Vegetables, fresh or uncooked, frozen or dry
                (i) ROOT AND TUBER           Beetroot                   Whole product after removal of tops
                    VEGETABLES               Carrots                    and adhering soil (if any) (removal of
                                             Celeriac                   soil by rinsing in running water or by
                                             Horse radish               gentle brushing of the dry product)
                                            Jerusalem artichokes
                                             Kohlrabi
                                             Parsnip
                                             Parsley root
                                            Radishes
                                            Salsify
                                             Sweet potatoes
                                            Swedes
                                            Turnips
                                            Yam
               (ii) BULB VEGETABLES         Garlic                      Onions (dry), shallots (dry), garlic
                                            Onions                      (dry): whole product after removal of
                                            Shallots                    easily detachable skin and soil (if any).
                                            Spring onions               Onions, shallots and garlic other than
                                                                        dry, spring onions: whole product after
                                                                        removal of roots and soil (if any)
              (iii) FRUITING                (a) Solanacea
                    VEGETABLES                   Tomatoes
                                                  Peppers
                                                 Aubergines
                                                  Pepinos
                                            (b) Cucurbits — edible peel
                                                 Cucumbers
                                                 Gherkins               Whole product after removal of stems
                                                 Courgettes
                                            (c) Cucurbits — inedible
                                                 peel
                                                 Melons
                                                 Squashes
                                                 Watermelons
                                            (d) Sweet corn              Kernels or cobs without husks
              (iv) BRASSICA                 (a) Flowering
                    VEGETABLES                   Brassicas
                                                 Broccoli               Cauliflower and broccoli:
                                                 Cauliflower            curd only
                                            (b) Head Brassicas
                                                 Brussels sprouts
                                                 Head cabbage           Product after removal of decayed leaves
                                            (c) Leafy Brassicas         (if any)
                                                 Chinese cabbage
                                                 Kale
               (v) LEAF VEGETABLES          (a) Lettuce and similar
                    AND FRESH HERBS              Cress
                                                 Lamb's lettuce
                                                 Lettuce
                                                 Scarole
                                            (b) Spinach and similar
                                                 Beet leaves (chard)    Whole product after removal of decayed
                                            (c) Water cress             outer leaves, root and soil (if any)
                                            (d) Witloof
                                            (e) Herbs
                                                 Chervil
                                                 Chives
                                                 Parsley
 ---pagebreak--- No C 46/12                           Official Journal of the European Communities                                   25. 2. 89
           1. Groups of products             2. Groups include the      3. Part of product to which maximum residue
                                                following products         levels apply
                (vi) LEGUME                  Beans                      Whole product after removal of pods or
                     VEGETABLES (fresh)      Peas                       with pods if pods are intended to be
                                                                        eaten
                                             Asparagus                  Whole product after removal of decayed
                                             Cardoons                   tissue and soil (if any); leeks and fennel:
                                             Celery                     whole product after removal of roots
                                             Fennel                     and soil (if any)
               (vii) STEM VEGETABLES         Globe artichokes
                                             Leek
                                             Rhubarb
                                             Mushrooms (other      than Whole product after removal of
                                             wild)                      growing medium (if any)
                                             Wild mushrooms             Whole product after removal of soil (if
                                                                        any)
              (viii) FUNGI
           3. Pulses                         Beans                      Whole product
                                             Lentils
                                             Peas
           4. Oil seeds                      Linseed                    Whole seed or kernel after removal of
                                             Peanuts                    shell or husk, when possible
                                             Poppy seed
                                             Sesame seed
                                             Sunflower seed
                                             Rape seed
           5. Potatoes                       Early and ware potatoes    Whole product after removal of soil (if
                                                                        any) (removal of soil by rinsing in
                                                                        running water or by gentle brushing of
                                                                        the dry product)
           6. Tea                                                       Whole product
              (Black tea processed from
              the leaves of Camellia
              sinensis)
           7. Hops (dried), including                                   Whole product
              hop pellets and unconcen-
              trated powder