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EC Pesticides Regulation - Status Report

On 1st September 2008 the EC Pesticides Regulation No. 396/2005 on maximum residue levels of pesticides in foodstuffs and feedstuffs of vegetable and animal origin entered into force. This date does not apply to products manufactured or imported before this date (Article 49):

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:EN:PDF

The national regulation on maximum residue levels (Rückstandshöchstmengenverordnung – RHmV) will have to be adapted and will in future list sanctions only.

For this date of 1st September 2008 it was decisive that it took many years to complete the essential Annexes I to IV, which are now successfully finalized. These annexes are meanwhile available as EC Regulations:

Annex I:
EC Regulation No. 178/2006 of 1st February 2006 (List of food and feed products):

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:029:0003:0025:EN:PDF

Annex II, III and IV:
EC Regulation No. 149/2008 of 29th January 2008 (Lists of maximum residue levels):

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:058:0001:0398:EN:PDF

Annex VII:
EC Regulation No. 260/2008 of 19th March 2008 (treatments with a fumigant):

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:076:0031:0032:EN:PDF

Special attention is drawn to the following:

  • For foods or pesticides not mentioned the following maximum residue level applies: 0,01 mg/kg (Article 18, Paragraph 1 b Regulation (EC) No. 396/2005).
  • For processed foods such as essential oils and extracts the maximum residue levels of the source materials apply, however with due regard to the modifications resulting from processing. These modifications can be described by specific concentration or dilution factors (Article 20).As far as we know there are no initiatives being planned in Germany or other member states to lay down such factors in Annex VI. This is an optional provision, i.e. not compulsory. In practice the value depends on the ratio between the quantity of plant material used and the distilled/extracted product thereof or essential oil. The ratio between the quantity used and the manufactured product obviously depends on the type of plant/product so that no uniform calculation factor can be used.In principle, and this is also recognized in practice, the following applies: If the source material is marketable under the pesticides legislation an essential oil produced thereof is marketable as well.The essential difference between the EC maximum level legislation and the German RHmV is that the modification (concentration) resulting from the processing must also be taken into account when 0,01 mg/kg applies to the source product. The EC Pesticides Regulation No. 396/2005 does not include a regulation that would correspond to Article 2, Paragraph 2, third sentence of the German RmHV.
  • As for the EC Contaminants Regulation the processing and/or mixing with the same or other products is prohibited (Article 19).

Information on the EC pesticides legislation can be consulted at:

http://ec.europa.eu/food/plant/protection/pesticides/index_en.htm

This website refers to other links which make it possible to consult the comprehensive Excel Tables of maximum residue levels and to search for specific foods or pesticides.

Status: 14-01-2009