14. 12. 90 Official Journal of the European Communities No L 350/71 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE 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 (90/642/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (), Having regard to the opinion of the European Parli- ament (), : Having regard to the opinion of the Economic and Social Committee (%), Whereas crop production plays a very important role in the Community : Whereas the yield from that production is continually affected by harmful organisms and weeds; Whereas it is essential to protect plants and plant products against these organisms, not only to prevent a reduction in yield or damage to the products harvested but also to increase agricultural productivity ; Whereas one of the most important methods of protec- ting plants and plant products from the effects of these organisms is the use of chemical pesticides; whereas, however, mandatory maximum levels should be set as low as is consistent with good agricultural practice ; () OJ No C 46, 25. 2. 1989, p. S. ) OJ No C 260, 15. 10. 1990, p. S6. () OJ No C 329, 30. 12. 1989, p. 11. Whereas, however, their favourable effect on plant production is not the only effect of these pesticides, since they are generally dangerous substances or preparations with dangerous side-effects ; Whereas a large number of these pesticides and of their metabolites or breakdown products may have harmful effects on consumers of plant products; whereas these pesticides should not be used in circumstances which present a risk to human or animal health and to the envi- ronment ; Whereas the Community should encourage the use of alternative, organic farming methods; Whereas Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesti- cide residues in and on fruit and vegetables (*), as last amended by Directive 89/186/EEC (%), fixes maximum levels for the said residues and ensures the free movement throughout the Community of products with levels less than, or equal to, these maximum levels; whereas, however, the said-Directive permits Member States, in cases where they consider this justified, to authorize products containing levels higher than the maximum levels to be put into circulation within their own territo- ries ; Whereas this last provision leads in some cases to conti- nuing differences between Member States as regards the maximum permissible levels for these pesticide residues, which can help to create barriers to trade and thus hinder the free movement of goods within the Community; whereas, with a view to achieving the single market in 1992, these barriers .should be removed ; () OJ No L 340, 9. 12. 1976, p. 26. () OJ No L 66, 10. 3. 1989, p. 36.