THE SPANISH LEGISLATION IN FORCE ON THE MANUFACTURE, PLACING ON THE MARKET AND USE OF PESTICIDES MAKES THE HEADLINES RESPONSIBLE FOR PLACING PLANT PROTECTION PRODUCTS ON THE MARKET, WHICH IT MUST CONTAIN. THE INFORMATION NECESSARY FOR ITS CORRECT USE, AND REQUIRES THE USERS TO USE THEM ACCORDING TO THE INSTRUCTIONS CONTAINED IN THEIR LABELS. IT IS UP TO THE AGRICULTURE ADMINISTRATIONS, IN THEIR CENTRAL AND REGIONAL POWERS, TO MONITOR THE ACTIONS OF BOTH SECTORS TO ENSURE THAT THE PLANT PRODUCTS PLACED ON THE MARKET FOR HUMAN CONSUMPTION OR LIVESTOCK THEY SATISFY THE REQUIREMENTS IN FORCE AS REGARDS THE CONTENT OF PLANT PROTECTION PRODUCTS.

AT THE LEVEL OF THE EUROPEAN ECONOMIC COMMUNITY, THE COMPLETION OF THE SINGLE INTERNAL MARKET REQUIRES THE COMPLETE HARMONISATION OF NATIONAL LEGISLATION ON MAXIMUM RESIDUE LEVELS OF PESTICIDES SINCE THEIR OBSERVANCE, BY MEANS OF GOOD PLANT HEALTH PRACTICE ON THE PART OF FARMERS, IT WILL BE APPROPRIATE TO PROTECT THE HEALTH OF CONSUMERS AND LIVESTOCK.

AS A GUARANTEE OF COMPLIANCE WITH EEC LEGISLATION ON MAXIMUM LEVELS OF PESTICIDE RESIDUES, MEMBER STATES ARE REQUIRED TO ADOPT SURVEILLANCE MEASURES IN ACCORDANCE WITH COMMUNITY STANDARDS, UNDER THE COORDINATION OF STANDING COMMITTEE ON PLANT HEALTH. THESE RULES ARE CURRENTLY IN FORCE FOR GRAIN GRAINS IN ACCORDANCE WITH COUNCIL DIRECTIVE 86 /362/EEC, PARTIALLY TRANSCRIBED THE SPANISH LEGISLATION BY ORDER OF THE MINISTRY OF RELATIONS WITH THE COURTS AND THE GOVERNMENT SECRETARIAT OF 27 DE OCTOBER 1989, THE COMPLETE TRANSPOSITION OF WHICH IS LAID DOWN BY THIS PROVISION.

CONSEQUENTLY, IN ORDER TO COMPLY WITH ARTICLE 4 (2) AND ARTICLE 7 OF COUNCIL DIRECTIVE 86 /362/EEC ON MAXIMUM LEVELS OF PESTICIDES IN CEREALS AND AS A GUARANTEE THAT, AT THE TIME OF THEIR PLACING ON THE MARKET, THE MARKET, THE OTHER VEGETABLE PRODUCTS INTENDED FOR HUMAN CONSUMPTION AND LIVESTOCK COMPLY WITH THE REQUIREMENTS OF THE ORDERS OF 11 MARCH 1987 AND 27 OCTOBER 1989, WITH THE PARTICIPATION OF THE AUTONOMOUS COMMUNITIES, I HAVE THE RIGHT TO HAVE:

ARTICLE 1. THE NATIONAL PROGRAMME FOR THE MONITORING OF PLANT PROTECTION PRODUCTS IN ORIGIN, HEREINAFTER REFERRED TO AS THE 'PROGRAMME', SHALL BE ESTABLISHED BY MEANS OF SAMPLING CHECKS ON PLANT PRODUCTS INTENDED FOR HUMAN AND LIVESTOCK CONSUMPTION.

ART. 2. FOR THE PURPOSES OF THIS PROVISION, IT IS UNDERSTOOD AS THE SAMPLING CHECKS CARRIED OUT ON CROPS AND PLANT PRODUCTS INTENDED FOR HUMAN OR ANIMAL FEED, IN THE PRODUCTION PHASE, AT THE TIME OF THE RECOLUTION OR THE DELIVERY TO THE FRUIT OR VEGETABLE CENTRES, WAREHOUSES OR LEGAL PERSONS RECEIVING THEM, OR AT THE DISPOSAL OF THEM IN ANY EVENT, PRIOR TO THEIR ENTRY INTO CIRCULATION BY THE PERSON WHO HAS CARRIED OUT THE LAST PLANT PROTECTION TREATMENT.

ART. 3. SAMPLES TO BE TAKEN FOR INFORMATION SHALL BE ACCOMPANIED BY A SINGLE SAMPLE ACCOMPANIED BY A STATEMENT OF DATA RELATING TO THE PLANT PRODUCT, DATE, PLACE AND PRODUCER OR HOLDER THEREOF.

IN SAMPLES TO BE TAKEN FOR THE PURPOSE OF LOCATING OR CONFIRMING THE INCORRECT USE OF PESTICIDES, SAMPLING SHALL BE CARRIED OUT ON A REGULATED BASIS FOR EACH CONSIGNMENT SAMPLED, IN TRIPLICATE ACCORDING TO ESTABLISHED IN ARTICLES 15 AND 16 OF ROYAL DECREE 1945/1983 OF 22 JUNE, BY LIFTING THE CORRESPONDING ACT.

ART. 4. THE ANALYSIS OF THE OFFICIAL SAMPLES SHALL BE CARRIED OUT BY THE LABORATORIES INTEGRATED IN THE ANNUAL PLANS FOR THE IMPLEMENTATION OF THE PROGRAMME, IN ACCORDANCE WITH THE METHODOLOGY ESTABLISHED BY ROYAL DECREE 1945/1983.

ART. 5. 1. THE MINISTRY OF AGRICULTURE, FISHERIES AND FOOD, THROUGH THE DIRECTORATE-GENERAL OF AGRICULTURAL PRODUCTION, IN COORDINATION WITH THE COMPETENT BODIES OF THE AUTONOMOUS COMMUNITIES, SHALL DRAW UP THE ANNUAL PLANS FOR THE IMPLEMENTATION OF THE PROGRAMME.

2. IN ADDITION, IN COORDINATION WITH THE COMPETENT BODIES OF THE AUTONOMOUS COMMUNITIES, A MONITORING SYSTEM FOR THE ANNUAL PLANS SHALL BE MAINTAINED.

ART. 6.

IRRESPECTIVE OF THE COMMUNICATION, WHERE APPROPRIATE, TO THE COMPETENT HEALTH AUTHORITIES, IN THE EVENT OF PROBLEMS ARISING FROM THE REITERATION OF CERTAIN RESIDUES OF PLANT PROTECTION PRODUCTS, AUTONOMOUS COMMUNITIES SHALL INFORM THE MINISTRY OF AGRICULTURE, FISHERIES AND FOOD, AS APPROPRIATE, OF THE ADOPTION OF CORRECTIVE MEASURES IN THE FIELD OF PLANT HEALTH RECORDS. THEY SHALL ALSO BE REFERRED TO THE MINISTRY OF AGRICULTURE, FISHERIES AND FOOD FOR THE ANALYTICAL RESULTS CORRESPONDING TO THE ANNUAL IMPLEMENTATION PLANS FOR THE DRAFTING OF THE ANNUAL REPORT.

ART. 7. BEFORE 1 JULY OF EACH YEAR, THE MINISTRY OF AGRICULTURE, FISHERIES AND FOOD, WITH THE PARTICIPATION OF THE AUTONOMOUS COMMUNITIES, SHALL GIVE THE APPROVAL TO THE ANNUAL PLANS AND THE MEMORY AND SHALL FORWARD ITS REFERRAL TO THE COMMISSION OF THE EUROPEAN COMMUNITIES.

ART. 8. IN THE IMPLEMENTATION OF THE PLAN AT THE CONFIRMATION STAGE FOR THE EXISTENCE OF UNACCEPTABLE PESTICIDE RESIDUES, THE IMMOBILISATION OF THE SAMPLED CONSIGNMENTS SHALL BE CARRIED OUT FOR A PERIOD OF NOT MORE THAN FORTY-EIGHT HOURS, AS LONG AS THE IT MAKES THE DETERMINATION OF EXISTING WASTE.

PLANT PRODUCTS WILL ALSO BE IMMOBILIZED DURING THE LOCATION PHASE OF IMPROPER USE OF PESTICIDES, WHEN THE NATURE, LEVEL OR FREQUENCY OF THE WASTE INVESTIGATED DETERMINES THE APPLICATION. OF SUCH A MEDIDA.

CONSIGNMENTS OF PLANT PRODUCTS IN WHICH THE PRESENCE OF RESIDUES WITH LEVELS ABOVE THE MAXIMUM LIMITS IN FORCE (LMRS) IS DETECTED SHALL BE SANCTIONED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 10 (3) OF THE SAID ROYAL DECREE 1945/1983, AND OF THE PENALTIES WHICH, IF ANY, MAY CORRESPOND.

ART. 9. THIS ORDER WILL ENTER INTO FORCE ON THE DAY OF YOUR POST IN THE .

MADRID, 20 JULY 1990.

ROMERO HERRERA

ILMOS. SRES. DEPUTY SECRETARY AND GENERAL MANAGERS OF AGRICULTURAL PRODUCTION, FOOD POLICY AND SERVICES.