SECTION 1 — Official controls of MRLs
Official controls
1. Without prejudice to Directive 96/23/EC ( 16 ) , Member States shall carry out official controls on pesticide residues in order to enforce compliance with this Regulation, in accordance with the relevant provisions of Community law relating to official controls for food and feed.
2. Such controls on pesticide residues shall, in particular, consist of sampling and subsequent analysis of the samples and identification of the pesticides present and their respective residue levels. Such controls shall also be carried out at the point of supply to the consumer.
Sampling
1. Each Member State shall take a sufficient number and range of samples to ensure that the results are representative of the market, taking into account the results of previous control programmes. Such sampling shall be carried out as close to the point of supply as is reasonable, to allow for any subsequent enforcement action to be taken.
2. The sampling methods necessary for carrying out such controls of pesticide residues in products other than those provided for in Directive 2002/63/EC ( 17 ) shall be determined in accordance with the procedure referred to in Article 45(2) of this Regulation.
Methods of analysis
1. The methods of analysis of pesticide residues shall comply with the criteria set out in the relevant provisions of Community law relating to official controls for food and feed.
2. Technical guidelines dealing with the specific validation criteria and quality control procedures in relation to methods of analysis for the determination of pesticide residues may be adopted in accordance with the procedure referred to in Article 45(2).
3. All laboratories analysing samples for the official controls on pesticide residues shall participate in the Community proficiency tests for pesticide residues organised by the Commission.
SECTION 2 — Community control programme
Community control programme
1. The Commission shall prepare a coordinated multiannual Community control programme, identifying specific samples to be included in the national control programmes and taking into account problems that have been identified regarding compliance with the MRLs set out in this Regulation, with a view to assessing consumer exposure and the application of current legislation.
2. The Community control programme shall be adopted and updated every year in accordance with the procedure referred to in Article 45(2). The draft Community control programme shall be presented to the Committee referred to in Article 45(1) at least six months before the end of each calendar year.
SECTION 3 — National control programmes
National control programmes for pesticide residues
1. Member States shall establish multiannual national control programmes for pesticide residues. They shall update their multiannual programme every year.
Those programmes shall be risk-based and aimed in particular at assessing consumer exposure and compliance with current legislation. They shall specify at least the following:
(a)
the products to be sampled;
(b)
the number of samples to be taken and analyses to be carried out;
(c)
the pesticides to be analysed;
(d)
the criteria applied in drawing up such programmes, including:
(i)
the pesticide-product combinations to be selected;
(ii)
the number of samples taken for domestic and non-domestic products respectively;
(iii)
consumption of the products as a share of the national diet;
(iv)
the Community control programme; and
(v)
the results of previous control programmes.
2. Member States shall submit their updated national control programmes for pesticide residues, as mentioned in paragraph 1, to the Commission and to the Authority at least three months before the end of each calendar year.
3. Member States shall participate in the Community control programme as provided for in Article 29. They shall, on an annual basis, publish all results of national residue monitoring on the Internet. Where MRLs are exceeded, Member States may name the retailers, traders or producers concerned.
SECTION 4 — Information by the Member States and annual report
Information by the Member States
1. Member States shall submit the following information concerning the previous calendar year to the Commission, the Authority and the other Member States by 31 August each year:
(a)
the results of the official controls provided for in Article 26(1);
(b)
the LODs applied in the national control programmes referred to in Article 30 and under the Community control programme referred to in Article 29;
(c)
details of the participation of the analytical laboratories in the Community proficiency tests referred to in Article 28(3) and other proficiency tests relevant to the pesticide-product combinations sampled in the national control programme;
(d)
details of the accreditation status of the analytical laboratories involved in the controls referred to in point (a);
(e)
where permitted by national legislation, details of enforcement measures taken.
2. Implementing measures relating to the submission of information by the Member States may be established in accordance with the procedure referred to in Article 45(2) after consultation with the Authority.
The Annual Report on Pesticide Residues
1. On the basis of the information provided by the Member States under Article 31(1) the Authority shall draw up an Annual Report on pesticide residues.
2. The Authority shall include information on at least the following in the Annual Report:
(a)
an analysis of the results of the controls provided for in Article 26(2);
(b)
a statement of the possible reasons why the MRLs were exceeded, together with any appropriate observations regarding risk management options;
(c)
an analysis of chronic and acute risks to the health of consumers from pesticide residues;
(d)
an assessment of consumer exposure to pesticide residues based on the information provided under point (a) and any other relevant available information, including reports submitted under Directive 96/23/EC.
3. Where a Member State has not provided information in accordance with Article 31, the Authority may disregard the information relating to that Member State when compiling the Annual Report.
4. The format of the Annual Report may be decided in accordance with the procedure referred to in Article 45(2).
5. The Authority shall submit the Annual Report to the Commission by the last day of February each year.
6. The Annual Report may include an opinion on the pesticides to be covered in future programmes.
7. The Authority shall make public the Annual Report, as well as any comments by the Commission or Member States.
Submission of the Annual Report on Pesticide Residues to the Committee
The Commission shall submit the Annual Report on Pesticide Residues to the Committee referred to in Article 45(1) without delay, for review and recommendations on any necessary measures to be taken regarding reported infringements of the MRLs set out in Annexes II and III.
Sanctions
The Member States shall lay down rules on the sanctions applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.
The Member States shall notify those rules and any subsequent amendment to the Commission without delay.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
