Commission Regulation (EC) No 901/2009 of 28 September 2009 concerning a coordinated multiannual Community control programme for 2010, 2011 and 2012 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2009/901@2009-09-28/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC, in particular Article 29 thereof,
Whereas:
(1) By Commission Regulation (EC) No 1213/2008 a first coordinated multiannual Community programme, covering the years 2009, 2010 and 2011, was established.
(2) Thirty foodstuffs constitute the major components of the diet in the Community. Since pesticide uses show significant changes over a period of three years, pesticides should be monitored in those 30 foodstuffs over a series of three-year cycles to allow consumer exposure and the application of Community legislation to be assessed.
(3) On the basis of a binomial probability distribution, it can be calculated that examination of 642 samples allows, with a certainty of more than 99 %, the detection of a sample containing pesticide residues above the limit of determination (LOD), provided that not less than 1 % of the products contain residues above that limit. Collection of these samples should be apportioned among Member States according to population numbers, with a minimum of 12 samples per product and per year.
(4) Where the residue definition of a pesticide includes other active substances, metabolites or breakdown products, those metabolites should be reported separately.
(5) Guidance concerning Method validation and quality control procedures for pesticide residue analysis in food and feed is published on the Commission website.
(6) For the sampling procedures 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 which incorporates the sampling methods and procedures recommended by the Codex Alimentarius Commission should apply.
(7) It is also necessary to assess whether maximum residue levels for baby food provided for in Article 10 of Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and Article 7 of Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children are respected.
(8) It is necessary to assess possible aggregate, cumulative and synergistic effects of pesticides. This assessment should start with some organophosphates, carbamates, triazoles and pyrethroides, as set out in Annex I.
(9) Member States should submit by 31 August of each year the information concerning the previous calendar year.
(10) In order to avoid any confusion due to an overlap between consecutive multiannual programmes, Regulation (EC) No 1213/2008 should be repealed in the interest of legal certainty. It should, however, continue to apply to samples tested in 2009.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Member States shall, during the years 2010, 2011 and 2012 take and analyse samples for the product/pesticide residue combinations, as set out in Annex I. The number of samples of each product shall be as set out in Annex II.
Article 2
1. The lot to be sampled shall be chosen randomly. The sampling procedure, including the number of units, shall comply with Directive 2002/63/EC.
2. The samples taken and analysed shall include at least: (a) 10 samples of baby food; (b) one sample, where available, from products originating from organic farming that reflects the market share of organic products in each Member State.
(a) 10 samples of baby food;
(b) one sample, where available, from products originating from organic farming that reflects the market share of organic products in each Member State.
Article 3
1. Member States shall submit the results of the analysis of samples tested in 2010, 2011 and 2012 by 31 August 2011, 2012 and 2013 respectively. In addition to those results, Member States shall provide the following information: (a) the analytical methods used and reporting levels achieved, in accordance with the guidance on Method validation and quality control procedures for pesticide residue analysis in food and feed; (b) limit of determination applied in the national and Community control programmes; (c) details of the accreditation status of the analytical laboratories involved in the control; (d) where permitted by national legislation, details of enforcement measures taken; (e) where maximum residue levels (MRLs) are exceeded, a statement of the possible reasons thereof, together with any appropriate observations regarding risk management options.
(a) the analytical methods used and reporting levels achieved, in accordance with the guidance on Method validation and quality control procedures for pesticide residue analysis in food and feed;
(b) limit of determination applied in the national and Community control programmes;
(c) details of the accreditation status of the analytical laboratories involved in the control;
(d) where permitted by national legislation, details of enforcement measures taken;
(e) where maximum residue levels (MRLs) are exceeded, a statement of the possible reasons thereof, together with any appropriate observations regarding risk management options.
2. Where the residue definition of a pesticide includes active substances, metabolites and/or breakdown or reaction products, Member States shall report the analysis results in accordance with the legal residue definition. Where relevant, the results of each of the main isomers or metabolites mentioned in the residue definition shall be submitted separately.
Article 4
Regulation (EC) No 1213/2008 is repealed. However, it shall continue to apply to samples tested in 2009.
Article 5
This Regulation shall enter into force on 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 September 2009. For the Commission Androulla Vassiliou Member of the Commission
ANNEX
Anx_i_pesticideproduct_combinations_to_be. monitored. 2010 2011 2012 2,4-D (sum of 2,4-D and its esters expressed as 2,4-D) 4,4′-Methoxychlor Abamectin (sum of avermectin B1a, avermectin B1b and delta-8,9 isomer of avermectin B1a) , Acephate Acetamiprid Acrinathrin Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb) Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moity expressed as amitraz) (Pears) Amitrole Azinphos-ethyl Azinphos-methyl Azoxystrobin Benfuracarb Bifenthrin , Bitertanol Boscalid Bromide ion (see remark below) Bromopropylate Bromuconazole (sum of diasteroisomers) Bupirimate Buprofezin Cadusafos Camphechlor (sum of parlar Nos 26, 50 and 62) Captan Carbaryl Carbendazim (sum of Benomyl and carbendazim expressed as carbendazim) Carbofuran (sum of Carbofuran and 3-Hydroxycarbofuran expressed as Carbofuran) Carbosulfan Chlordane (sum of cis- and trans-isomers and oxychlordane expressed as chlordane) Chlorfenapyr Chlorfenvinphos Chlormequat Chlorobenzilate Chlorothalonil Chlorpropham (Chlorpropham and 3-Chloroaniline expressed as Chlorpropham (see remark below)) Chlorpyriphos , Chlorpyriphos-methyl , clofentezin (sum of all compounds containing the 2-Chlorbenzoyl-moiety expressed as Clofentezin) Clothianidin Cyfluthrin (Cyfluthrin incl. other mixtures of constituent isomers (sum of isomers)) , Cypermethrin (Cypermethrin incl. other mixtures of constituent isomers (sum of isomers)) , cyproconazole Cyprodinil DDT (sum of p,p′-DDT, o,p′-DDT, p-p′-DDE and p,p′-DDD (TDE) expressed as DDT) Deltamethrin (cis-deltamethrin) , Diazinon , Dichlofluanid Dichlorvos Dicloran Dicofol (sum of p,p′ and o,p′ isomers) Dieldrin (Aldrin and dieldrin combined expressed as dieldrin) Difenoconazole Dimethoate (sum of Dimethoate and Omethoate expressed as dimethoate) Dimethoate Omethoate Dimethomorph Dinocap (sum of dinocap isomers and their corresponding phenols expressed as dinocap) Diphenylamine Endosulfan (sum of alpha- and beta-isomers and Endosulfan-sulphate expressed as Endosulfan) , Endrin Epoxiconazole Ethephon Ethion Etofenprox Ethoprophos Fenamiphos (sum of fenamiphos and its sulphoxide and sulphone expressed as fenamiphos) fenarimol Fenazaquin Fenbutatin oxide Fenbuconazole Fenhexamid Fenitrothion Fenoxycarb Fenpropathrin Fenpropimorph Fenthion (sum of fenthion and its oxigen analogue, their sulfoxides and sulfone expressed as parent) , Fenvalerate/Esfenvalerate (sum) (sum of RS/SR and RR/SS isomers) , Fipronil (sum Fipronil + sulfone metabolite (MB46136) expressed as Fipronil) Fluazifop (Fluazifop-P-butyl (fluazifop acid (free and conjugate))) Fludioxonil Flufenoxuron Fluquinconazole flusilazole Flutriafol Folpet Formetanate (sum of Formetanate and its salts expressed as Formetanate hydrochloride) Fosthiazate Glyphosate Haloxyfop including haloxyfop-R (Haloxyfop-R methyl ester, haloxyfop-R and conjugates of haloxyfop-R expressed as haloxyfop-R) (R) HCB Heptachlor (sum of heptachlor and heptachlor epoxide expressed as heptachlor) Hexachlorcyclohexan (HCH), Alpha-isomer Hexachlorcyclohexan (HCH), Beta-isomer Hexachlorocyclohexane (HCH) (Gamma-isomer) (Lindane) Hexaconazole Hexythiazox Imazalil Imidacloprid Indoxacarb (Indoxacarb as sum of the isomers S and R) Iprodione Iprovalicarb Kresoxim-methyl Lambda-cyhalothrin (Lambda-cyhalothrin, incl. other mixtures of constituent isomers (sum of isomers)) Linuron Lufenuron Malathion (sum of Malathion and Malaoxon expressed as Malathion) Maneb group (sum expressed as CS2: Maneb, Mancozeb, Metiram, Propineb, Thiram, Ziram) Mepanipyrim and its metabolite (2-anilino-4-(2-hydroxypropyl)-6-methylpyrimidine) expressed as mepanipyrim) Mepiquat Metalaxyl (Metalaxyl incl. mixtures of constituent isomers incl. Metalaxyl-M (sum of isomers)) Metconazole Methamidophos Methidathion , Methiocarb (sum of Methiocarb and Methiocarb-Sulfoxide and Sulfone, expressed as Methiocarb) Methomyl (sum of Methomyl and Thiodicarb expressed as Methomyl) Methoxyfenozide Monocrotophos Myclobutanil Oxadixyl Oxamyl Oxydemeton-methyl (sum of Oxydemeton-Methyl and Demeton-S-Methylsulfone expressed as Oxydemeton-Methyl) Paclobutrazole Parathion , Parathion-Methyl (sum of Parathion-Methyl and Paraoxon-Methyl expressed as Parathion-Methyl) , Pencycuron Penconazole Pendimethalin Permethrin (sum of cis- and trans-permethrin) Phenthoate Phosalone Phosmet (Phosmet and Phosmet oxon expressed as Phosmet) Phoxim Pyraclostrobin Pirimicarb (sum of Pirimicarb and Desmethylpirimicarb expressed as Pirimicarb) Pirimiphos-methyl , Prochloraz (sum of Prochloraz + its metabolites cont. the 2,4,6-Trichlorophenol moiety expressed as Prochloraz) Procymidone Profenofos , Propamocarb (sum of Propamocarb and its salts expressed as Propamocarb) Propargite Propiconazole Propyzamide Prothioconazole (Prothioconazole-desthio) Pyrazophos Pyrethrins Pyridaben Pyrimethanil Pyriproxyfen Quinoxyfen Quintozene (sum of Quintozen und Pentachloraniline, expressed as Quintozene) Resmethrin (sum of isomers) Spinosad (sum of Spinosyn A and Spinosyn D, expressed as Spinosad) Spiroxamine Taufluvalinate Tebuconazole Tebufenozide Tebufenpyrad Tecnazene Teflubenzuron Tefluthrin Tetraconazole Tetradifon Thiabendazole Thiamethoxam (sum of Thiamethoxam and Clothianidin expressed as Thiamethoxam) Thiacloprid Thiophanate-methyl Tolcloflos-methyl Tolylfluanid (sum of Tolylfluanid and Dimethylaminosulfotoluidide expressed as Tolylfluanid) Triadimefon and triadimenol (sum of triadimefon and triadimenol) Triazophos , Trichlorfon trifloxystrobin Triflumuron Trifluralin Triticonazole Vinclozolin (sum of Vinclozolin and all metabolites cont. the 3,5-dichloraniniline moiety, expressed as Vinclozolin) Zoxamide
ANNEX I Pesticide/product combinations to be monitored
2010 2011 2012 2,4-D (sum of 2,4-D and its esters expressed as 2,4-D) 4,4′-Methoxychlor Abamectin (sum of avermectin B1a, avermectin B1b and delta-8,9 isomer of avermectin B1a) , Acephate Acetamiprid Acrinathrin Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb) Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moity expressed as amitraz) (Pears) Amitrole Azinphos-ethyl Azinphos-methyl Azoxystrobin Benfuracarb Bifenthrin , Bitertanol Boscalid Bromide ion (see remark below) Bromopropylate Bromuconazole (sum of diasteroisomers) Bupirimate Buprofezin Cadusafos Camphechlor (sum of parlar Nos 26, 50 and 62) Captan Carbaryl Carbendazim (sum of Benomyl and carbendazim expressed as carbendazim) Carbofuran (sum of Carbofuran and 3-Hydroxycarbofuran expressed as Carbofuran) Carbosulfan Chlordane (sum of cis- and trans-isomers and oxychlordane expressed as chlordane) Chlorfenapyr Chlorfenvinphos Chlormequat Chlorobenzilate Chlorothalonil Chlorpropham (Chlorpropham and 3-Chloroaniline expressed as Chlorpropham (see remark below)) Chlorpyriphos , Chlorpyriphos-methyl , clofentezin (sum of all compounds containing the 2-Chlorbenzoyl-moiety expressed as Clofentezin) Clothianidin Cyfluthrin (Cyfluthrin incl. other mixtures of constituent isomers (sum of isomers)) , Cypermethrin (Cypermethrin incl. other mixtures of constituent isomers (sum of isomers)) , cyproconazole Cyprodinil DDT (sum of p,p′-DDT, o,p′-DDT, p-p′-DDE and p,p′-DDD (TDE) expressed as DDT) Deltamethrin (cis-deltamethrin) , Diazinon , Dichlofluanid Dichlorvos Dicloran Dicofol (sum of p,p′ and o,p′ isomers) Dieldrin (Aldrin and dieldrin combined expressed as dieldrin) Difenoconazole Dimethoate (sum of Dimethoate and Omethoate expressed as dimethoate) Dimethoate Omethoate Dimethomorph Dinocap (sum of dinocap isomers and their corresponding phenols expressed as dinocap) Diphenylamine Endosulfan (sum of alpha- and beta-isomers and Endosulfan-sulphate expressed as Endosulfan) , Endrin Epoxiconazole Ethephon Ethion Etofenprox Ethoprophos Fenamiphos (sum of fenamiphos and its sulphoxide and sulphone expressed as fenamiphos) fenarimol Fenazaquin Fenbutatin oxide Fenbuconazole Fenhexamid Fenitrothion Fenoxycarb Fenpropathrin Fenpropimorph Fenthion (sum of fenthion and its oxigen analogue, their sulfoxides and sulfone expressed as parent) , Fenvalerate/Esfenvalerate (sum) (sum of RS/SR and RR/SS isomers) , Fipronil (sum Fipronil + sulfone metabolite (MB46136) expressed as Fipronil) Fluazifop (Fluazifop-P-butyl (fluazifop acid (free and conjugate))) Fludioxonil Flufenoxuron Fluquinconazole flusilazole Flutriafol Folpet Formetanate (sum of Formetanate and its salts expressed as Formetanate hydrochloride) Fosthiazate Glyphosate Haloxyfop including haloxyfop-R (Haloxyfop-R methyl ester, haloxyfop-R and conjugates of haloxyfop-R expressed as haloxyfop-R) (R) HCB Heptachlor (sum of heptachlor and heptachlor epoxide expressed as heptachlor) Hexachlorcyclohexan (HCH), Alpha-isomer Hexachlorcyclohexan (HCH), Beta-isomer Hexachlorocyclohexane (HCH) (Gamma-isomer) (Lindane) Hexaconazole Hexythiazox Imazalil Imidacloprid Indoxacarb (Indoxacarb as sum of the isomers S and R) Iprodione Iprovalicarb Kresoxim-methyl Lambda-cyhalothrin (Lambda-cyhalothrin, incl. other mixtures of constituent isomers (sum of isomers)) Linuron Lufenuron Malathion (sum of Malathion and Malaoxon expressed as Malathion) Maneb group (sum expressed as CS2: Maneb, Mancozeb, Metiram, Propineb, Thiram, Ziram) Mepanipyrim and its metabolite (2-anilino-4-(2-hydroxypropyl)-6-methylpyrimidine) expressed as mepanipyrim) Mepiquat Metalaxyl (Metalaxyl incl. mixtures of constituent isomers incl. Metalaxyl-M (sum of isomers)) Metconazole Methamidophos Methidathion , Methiocarb (sum of Methiocarb and Methiocarb-Sulfoxide and Sulfone, expressed as Methiocarb) Methomyl (sum of Methomyl and Thiodicarb expressed as Methomyl) Methoxyfenozide Monocrotophos Myclobutanil Oxadixyl Oxamyl Oxydemeton-methyl (sum of Oxydemeton-Methyl and Demeton-S-Methylsulfone expressed as Oxydemeton-Methyl) Paclobutrazole Parathion , Parathion-Methyl (sum of Parathion-Methyl and Paraoxon-Methyl expressed as Parathion-Methyl) , Pencycuron Penconazole Pendimethalin Permethrin (sum of cis- and trans-permethrin) Phenthoate Phosalone Phosmet (Phosmet and Phosmet oxon expressed as Phosmet) Phoxim Pyraclostrobin Pirimicarb (sum of Pirimicarb and Desmethylpirimicarb expressed as Pirimicarb) Pirimiphos-methyl , Prochloraz (sum of Prochloraz + its metabolites cont. the 2,4,6-Trichlorophenol moiety expressed as Prochloraz) Procymidone Profenofos , Propamocarb (sum of Propamocarb and its salts expressed as Propamocarb) Propargite Propiconazole Propyzamide Prothioconazole (Prothioconazole-desthio) Pyrazophos Pyrethrins Pyridaben Pyrimethanil Pyriproxyfen Quinoxyfen Quintozene (sum of Quintozen und Pentachloraniline, expressed as Quintozene) Resmethrin (sum of isomers) Spinosad (sum of Spinosyn A and Spinosyn D, expressed as Spinosad) Spiroxamine Taufluvalinate Tebuconazole Tebufenozide Tebufenpyrad Tecnazene Teflubenzuron Tefluthrin Tetraconazole Tetradifon Thiabendazole Thiamethoxam (sum of Thiamethoxam and Clothianidin expressed as Thiamethoxam) Thiacloprid Thiophanate-methyl Tolcloflos-methyl Tolylfluanid (sum of Tolylfluanid and Dimethylaminosulfotoluidide expressed as Tolylfluanid) Triadimefon and triadimenol (sum of triadimefon and triadimenol) Triazophos , Trichlorfon trifloxystrobin Triflumuron Trifluralin Triticonazole Vinclozolin (sum of Vinclozolin and all metabolites cont. the 3,5-dichloraniniline moiety, expressed as Vinclozolin) Zoxamide
Anx. ii. Number of samples of each product to be taken and analysed by each Member State. Member State Samples BE 12 15 BG 12 15 CZ 12 15 DK 12 15 DE 93 EE 12 15 EL 12 15 ES 45 FR 66 IE 12 15 IT 65 CY 12 15 LV 12 15 LT 12 15 LU 12 15 HU 12 15 MT 12 15 NL 17 AT 12 15 PL 45 PT 12 15 RO 17 SI 12 15 SK 12 15 FI 12 15 SE 12 15 UK 66 TOTAL MINIMUM NUMBER OF SAMPLES: 642
ANNEX II
Number of samples of each product to be taken and analysed by each Member State. Member State Samples BE 12 15 BG 12 15 CZ 12 15 DK 12 15 DE 93 EE 12 15 EL 12 15 ES 45 FR 66 IE 12 15 IT 65 CY 12 15 LV 12 15 LT 12 15 LU 12 15 HU 12 15 MT 12 15 NL 17 AT 12 15 PL 45 PT 12 15 RO 17 SI 12 15 SK 12 15 FI 12 15 SE 12 15 UK 66 TOTAL MINIMUM NUMBER OF SAMPLES: 642
Versions
Cited by
- Commission Regulation (EU) No 915/2010 of 12 October 2010 concerning a coordinated multiannual control programme of the Union for 2011, 2012 and 2013 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (Text with EEA relevance) Regulation · Grade B
By Commission Regulation (EC) No 1213/2008 a first coordinated multiannual Community programme, covering the years 2009, 2010 and 2011, was established. That programme continued under Commission Regulation (EC) No 901/2009 of 28 September 2009 concerning a coordinated multiannual Community control programme for 2010, 2011 and 2012 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin.
- Commission Regulation (EU) No 915/2010 of 12 October 2010 concerning a coordinated multiannual control programme of the Union for 2011, 2012 and 2013 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (Text with EEA relevance) Regulation · Grade B
In order to avoid any confusion due to an overlap between consecutive multiannual programmes, Regulation (EC) No 901/2009 should be repealed in the interest of legal certainty. It should, however, continue to apply to samples tested in 2010.
- Commission Regulation (EU) No 915/2010 of 12 October 2010 concerning a coordinated multiannual control programme of the Union for 2011, 2012 and 2013 to ensure compliance with maximum levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (Text with EEA relevance) Regulation · Grade B
Regulation (EC) No 901/2009 is repealed. However, it shall continue to apply to samples tested in 2010.