16.3.2005 Official Journal of the European Union L 70/1 (Acts whose publication is obligatory) REGULATION (EC) NO 396/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 152(4)(b) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (%), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3, Whereas: (1) 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 (}), Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on — = N> O] C 234, 30.9.2003, p. 33. Opinion of the European Parliament of 20 April 2004 (not yet published in the Official Journal), Council Common Position of 19 July 2004 (OJ C 25 E, 1.2.2005, p. 1) and Position of the European Parliament of 15 December 2004 (not yet published in the Official Journal) and Council Decision of 24 January 2005. () OJ L 340, 9.12.1976, p. 26. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36). (* OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2004/61/EC (O] L 127, 29.4.2004, p- 81). — > = cereals (*), Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (}), and Council Directive 90/642[EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegeta- bles (%), have been substantially amended several times. In the interests of clarity and simplicity, those Directives should be repealed and replaced by a single act. (2) This Regulation directly concerns public health and is relevant to the functioning of the internal market. Differences in national maximum residue levels for pesticides can pose barriers to trade in products included in Annex I to the Treaty and products derived therefrom between Member States and trade between third countries and the Community. Accordingly, in the interest of free movement of goods, equal competition conditions among the Member States, as well as a high level of consumer protection, it is appropriate that maximum residue levels (MRLs) for products of plant and animal origin be set at Community level, taking into account good agricultural practice. (3) A Regulation establishing MRLs does not require transposition into national law in the Member States. It is therefore the most appropriate legal instrument with () O] L 221, 7.8.1986, p. 43. Directive as last amended by Directive 2004/61/EC. () OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2004/95/EC (O] L 301, 28.9.2004, p- 42).