CELEX: 51981PC0024
Language: en
Date: 1981-01-26
Title: Proposal for a COUNCIL DIRECTIVE amending Annex II to Directive 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (submitted to the Council by the Commission)

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COM (81) 24
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM ( 81 > 24 final
                                                 Brussels , 26 January 1981
                                Proposal for a
                               COUNCIL DIRECTIVE
 amending Annex II to Directive 76/ 895 / EEC relating to the fixing of
 maximum levels for pesticide' residues in and on fruit and vegetables
                                v ..               &
               ( submitted to the Council by the' Commission )
                                 i
                                   ('
                                 • Λ.
C0M(81 ) 24 final
                             \
 ---pagebreak---                              EXPLANATORY MEMORANDUM
The proposed Council Directive seeks to amend Annex II to Council Directive
76 / 895 / EEC of 23 November 1976 relating to the fixing of maximum levels for
                                                       (1 )
pesticide residues in and on fruit and vegetables           . It has been drawn
up in accordance with the provisions of this Directive following notifi­
cation by the Netherlands of its application of Article 4 thereof ( the so-
called " safeguard clause") on grounds of danger to public health in respect
of the maximum levels fixed in Annex II for residues of f enchlorphos ,
dimethoate and omethoate .
The procedure laid down in the Directive for such cases provides for the
involvement of the Standing Committee on Plant Health and the adoption by
the Commission of any necessary amendment of the levels in Annex II , on
which the Committee has expressed a favourable opinion .        Where the
Committee has not expressed a favourable opinion or given no opinion , the
Commission is required to submit to the Council immediately a proposal
on the measures to be taken .      The Council shall adopt them by a qualified
majority within 15 days .     If , however , the Council has not acted by then ,
the Commission may implement the measures immediately unless the Council
has rejected them by a simple majority .
The maximum level for fenchlorphos has already been amended , in accordance
                                                                                (2)
with this procedure , by Commission Directive 80 / 428 / EEC of 28 March 1980
but the cases of dimethoate and omethoate required further study by
Commission departments before appropriate proposals could be made .
This work has been completed and has involved inter alia study of recently
available data from residues trials and long-term toxicity studies , in par­
ticular on brain acetylcholinesterase inhibition .       These indicate that a more
restrictive view should now be taken of omethoate residues .        The present
proposal , which has been worked out after consultation of the Scientific Com­
mittee for Pesticides , seeks essentially to reduce the maximum level laid
down in Annex II for omethoate , except for a small number of commodities
which form a small proportion of daily intake or are usually consumed after
cooking . It is also proposed to separate completely the levels fixed for
dimethoate and omethoate and to make a consequential adjustment to the
maximum level for dimethoate .                                   .../...
(1 )   OJ No L 340 , 9.12.1976 , p. 26
 (2)   OJ No L 102 , 19.4.1980 , p. 26
 ---pagebreak---                                     - 2 -
This proposal was referred on 15 December 1980 for opinion
to the Standing Committee on Plant Health .   During the voting , the Danish ,
German and UK representatives expressed themselves against the proposal .
The Danish representative was of the opinion that the lowest level of 0.1
proposed for omethoate is near to the lower limit of determination in
certain of the products concerned and doubted whether this level could be
officially controlled .  The German representative could not support the
proposal since he felt unable to commit his Government to bringing into
force the necessary national measures within the period laid down in
Article 2 .  The United Kingdom disagreed with the basis for calculation
of the proposed levels and thought that greater account should be taken
of actual dietary intake of treated products .   The representatives of the
other six Member States supported the proposal .
In the absence , therefore , of a favourable opinion of the Standing Committee ,
the Council has now to act on the proposal .   For its part , the Commission
feels that the present measures are necessary to avoid possible danger to
human health .
 ---pagebreak--- Proposal for a Council Directive amending Annex II to Directive
76 / 895 / EEC relating to the fixing of maximum levels for pesticide residues
in and on fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Directive 76 / 395 / EEC of 23 November 1976 relating
to the fixing of maximum levels for pesticide residues in and on fruit
and vegetables ^, as last amended by Commission Directive 80/ 428/ EEC ^,
and in particular Articles 4 and 3 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 4 of Directive 76/ 395 / EEC provides that where a Member State
considers that a maximum level fixed in Annex II might endanger the health
of humans or of animals other than harmful organisms , that Member State may
temporarily reduce that level in its own territory ;
Whereas the Kingdom of the Netherlands has invoked the provisions of the
aforesaid Article in respect of the maximum levels fixed for dimethoate ,
omethoate and f ench lorphos ;
Whereas fenchlorphos was the subject of the amendments provided for in
the abovement ioned Directive 80/ 428 / EEC ; whereas the Commission
has now completed its further studies on the other two pesticides ;
Whereas , on the basis of new scientific data , the maximum level laid
down for omethoate in Annex II must be amended ;
Whereas      it is also desirable to separate completely the maximum levels
fixed for dimethoate and omethoate and to make a consequential adjustment
to the maximum level laid down for dimethoate ;
Whereas in the absence of a favourable opinion of the Standing Committee
on Plant Health the Commission has not been able , in accordance with
                                                               •••/■■•
(1 )   OJ No L 340 of 9.12.1976 , p. 26
(2)    OJ No L 102 of 19.4.1980 , p. 26
 ---pagebreak---                                       - 2 -
the procedure provided for in Article 8 of Directive 76 / 895 / EEC , to adopt
the measures it envisaged ;
HAS ADOPTED THIS    DIRECTIVE :
                                   Article 1
Annex II to Directive 76 / 895 / EEC irj hereby amended as follows :
1.     In the last column of the table, headed " Maximum levels ( in mg / kg
       ( ppm ))", the figure     1.5 relating to dimethoate is
       replaced by the figure 1 and the figure        0.4 relating to omethoate
       by the following :
       " 0.4 : cherries , witloof chicory , artichokes and spinach
         0.1 : berries , onions , leeks and root vegetables
         0.2 : other products                                        "
2.     Footnote ( 3 ) and the reference thereto relating to dimethoate in
       the last column of the table       are    deleted .
                                   Article 2
The Member States shall bring into force the laws , regulations and admin­
istrative provisions necessary to comply with this Directive not later
than 1 January 1982 and shall forthwith inform the Commission thereof .
                                   Article 3
This Directive is addressed to the Member States .
Done at Brussels ,                                     For the Council