L 141/10 Official Journal of the European Union 4.6.2005 COMMISSION DIRECTIVE 2005/37/EC of 3 June 2005 amending Council Directives 86/362/EEC and 90/642[EEC as regards the maximum levels for certain pesticide residues in and on cereals and certain products of plant origin, including fruit and vegetables (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof, Having regard to Council Directive 90/642/EEC of 27 November 1990 on fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetables (3, and in particular Article 7 thereof, Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (%), and in particular Article 4(1)(f) thereof, Whereas: (1) The following existing active substances have been included in Annex I to Directive 91/414/EEC: maleic hydrazide by Commission Directive 2003/31/EC (*); propyzamide by Commission Directive 2003/39/EC (°); and mecoprop and mecoprop-p by Commission Directive 2003/70/EC (°). 2) The new active substances isoxaflutole, trifloxystrobin, carfentrazone-ethyl and fenamidone were included in Annex [ to Directive 91/414/EEC by Commission Directive 2003/68/EC (/). (3)  The inclusion in Annex I to Directive 91/414/EEC of the active substances concerned was based on the assessment of the information submitted concerning the proposed use. Information relating to this use has been submitted by certain Member States in accordance with Article 4(1)(f) of Directive 91/414/EEC. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed. () O] 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). (®» O] L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2004/115/EC (O] L 374, 22.12.2004, p. 64). () O] L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/34/EC (O] L 125, 18.5.2005, p. 5). () OJ L 101, 23.4.2003, p. 3. () O] L 124, 20.5.2003, p. 30. (9 OJ L 184, 23.7.2003, p. 9. () OJ L 177, 16.7.2003, p. 12. (4)  Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing these active substances may be authorised. (5)  Community MRLs and the levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. There are a limited number of Codex MRLs for maleic hydrazide. There are already Community MRLs in Directive 90/642/EEC for: maleic hydrazide, (Council Directive 93/58/EC) (}) and in Directives 86/362/EEC and 90/642[EEC for: propy- zamide  (Council  Directives  96/32/EC (®)  and 96/33/EC (1%). These have been considered when setting the MRLs concerned by the adaptations made by this Directive. Codex MRLs that will be recommended for withdrawal in the near future were not taken into account. The MRLs based on Codex MRLs having been evaluated in the light of the risks for the consumers. No risk was established when using the toxicological end points based on the studies available to the Commission. (6)  With respect to the inclusion in Annex I to Directive 91/414[EEC of the active substances concerned, the related technical and scientific evaluations were finalised in the form of Commission review reports. The assessment reports for those substances mentioned were finalised on the dates as mentioned in the Commission Directives cited in Recitals 1 and 2. These reports fixed the acceptable daily intake (ADI) and if necessary, the acute reference dose (ARfD) for the substances concerned. The exposure of consumers of food products treated with the active substance concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Orga- nisation ('!) and the opinion of the Scientific Committee for Plants () on the methodology employed. It is concluded that MRLs proposed will not lead to those ADIs or ARID being exceeded. 8 ] L 211, 23.8.1993, p. 6. ® 0 () OJ L 144, 18.6.1996, p. 12. 10) O] L 144, 18.6.1996, p. 35. Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS[Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF[FOS/97.7). ('?) Opinion of the Scientific Committee on Plants regarding questions relating to amending the annexes to Council Directives 86/362[EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http:|[europa.eu.int/comm/food|/fs/sc/index_en.html).