No L211/6 Official Journal of the European Communities 23.8.93- COUNCIL DIRECTIVE 93/58/EEC of 29 June 1993 amending Annex II to Directive 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables and the Annex to Directive 90/642/EEC relating to the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables, and providing for the establishment of a first list of maximum levels THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, ' Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables ('), and in particular Article 5 thereof, Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (2), and in particular Article 1 thereof, Having regard to the proposal from the Commission, Whereas the pesticides chlorbenzide and 1,1-dichloro- 2,2-bis (4-ethyl-phenyl) ethane are no longer of economic importance; whereas their residues are unlikely to occur in foodstuffs; whereas it is therefore appropriate to delete them from Annex II to Directive 76/895/EEC; Whereas in order to establish mandatory maximum levels of pesticide residues at Community level it is necessary to transfer provisions from Directive 76/895/EEC to Directive 90/642/EEC relating to the pesticides amitrole, atrazine, binapacryl, bromophos-ethyl, ‘captafol, DDT, dichlorprop, dinoseb, dioxathion, endrin, -ethylene dibromide, fenchlorphos, heptachlor, maleic hydrazide, . methyl bromide (except for certain products), paraquat, TEPP, 2,4,5-T and toxaphene; whereas certain of those provisions should be amended in the light of technical and scientific progress; Whereas it is necessary to amend the Annex to Directive 90/642/EEC, in order that sunflower seed and olives may (!) OJ No L 340, 9. 12. 1976, p. 26. Directive as last amended by Directive 89/186/EEC (O] No L 66, 10. 3. 1989, p. 36). (%) OJ No L 350, 14. 12. 1990, p. 71. ' be more appropriately described considering current trade practices, thereby facilitating control of pesticide residues therein; : ‘ Whereas pesticide residues may arise in products of plant origin, including fruit and vegetables, as a result of current or previous agricultural practices; whereas, to establish maximum levels for present practices, it is necessary to take into account relevant data for both authorized pesticide uses and supervised trials; whereas, however, available data are frequently insufficient in terms of current standards to establish maximum levels, whereas in the case of previous agricultural practices, appropriate monitoring data must be evaluated; Whereas satisfactory monitoring data exist in order to establish maximum pesticide residue levels in tea for aldrin, dieldrin, chlordane, DDT, endrin, heptachlor, HCH and HCB; Whereas, in the case of certain pesticides ‘used in the production of tea, insufficient data exist under current standards to establish maximum residue levels; whereas Member States may therefore fix, whilst respecting Community law, maximum levels in order to allow sufficient time for the generation of the necessary data for a Community decision to be taken; whereas, in the case of the pesticides ethion, omethoate and dimethoate used in the production of tea, sufficient data only exist to establish on a temporary basis maximum residue levels; Whereas, in order better to estimate dietary intake of pesticide residues, it is prudent to establish simultaneously, where possible, maximum residue levels for individual pesticides in all major components of the diet; whereas these levels represent the use of minimum quantities of pesticide to achieve adequate control, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable; Whereas it is now appropriate that maximum levels be fixed for certain pesticides in products of plant origin, namely -acephate, benomyl, carbendazim, thiophanate- methyl, maneb, mancozeb, metiram, propineb, zineb, methamidophos, procymidone, ¢hlorothalonil, chlorpyrifos, chlorpyrifos-methyl, cypermethrin, deltamethrin, fenvalerate, glyphosate, imazalil, iprodione, permethrin and vinclozolin;