L 197/26 Official Journal of the European Communities 3.8.2000 COMMISSION DIRECTIVE 2000/48/EC of 25 July 2000 amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals and certain products of plant origin, including fruit and vegetables respectively (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 (), as last amended by Directive 2000/42/EC (3), and in particular Article 10 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 (), as last amended by Directive 2000/ 42[EC, and in particular Article 7 thereof, Having regard to Council Directive 91/414/EEC of 15 July 1991 on the placing of plant protection products on the market (), as last amended by Commission Directive 2000/ 10/EC (%), and in particular Article 4(1)(f) thereof, Whereas: (1) The new active substance, azoxystrobin, was included in Annex [ to Directive 91/414/EEC by Commission Directive 98/47/EC (¢) for use as fungicide only, without specifying particular conditions having an impact on crops which may be treated with plant protection prod- ucts containing azoxystrobin. 2)  Maximum levels for azoxystrobin residues in and on all commodities covered by Directives 86/362/EEC and 90/ 642[EEC were fixed by Commission Directive 1999/ 71[EC (). (3)  In fixing the said maximum levels for azoxystrobin resi- dues, it was recognised that these levels should be kept under review and should be changed to take account of new information and data. Directive 1999/71/EC acknowledged that national provisional maximum residue levels for other cereals and fruit and vegetables should be fixed by Member States as a part of their authorisation of plant protection products containing azoxystrobin and should be notified to the Commission under the requirements of Article 4(1)(f) to Directive 91/414/EEC. To facilitate this eventuality, some of the 221, 7.8.1986, p. 37. 158, 30.6.2000, p. 51. 350, 14.12.1990, p. 71. 230, 19.8.1991, p. 1. 57, 2.3.2000, p. 28. 191, 7.7.1998, p. 50. 194, 27.7.1999, p. 36. STS B LLoLeene e 3 Slelrlslewe levels set in Directive 1999/71/EC were fixed on a provi- sional basis, enabling Member States to grant further authorisations for new uses and to notify the Commis- sion under the procedure described by the said Article. This Article provides that where a provisional Community maximum residue level exists and where the new authorised use would lead to higher levels, the authorising Member State shall establish a national provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC before the authorisation may be granted. To ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it was considered prudent, in adopting Directive 1999/71/EC, to set provi- sional maximum residue levels at the lower level of analytical determination for such products. The setting at Community level of such provisional maximum residue levels is without prejudice to the granting of provisional authorisations by the Member States for the use of azoxystrobin on such products in accordance with Article 4(1)(f) of Directive 91/414/EEC. In order to authorise a plant protection product, Member States must apply the uniform principles provided for in Annex VI to Directive 91/414/EEC in evaluating, in particular, a dossier conforming to the requirements of Annex III to Directive 91/414/EEC, submitted by the applicant for authorisation. Annex III, Part A, Section 8 of Directive 91/414/EEC requires applicants to submit certain information including proposed maximum residue levels together with full justification and estimations of the potential and actual exposure through diet and other means. Annex VI, Part B, Section 2.4.2 and Part C, Section 2.5 of Directive 91/414/EEC provides for Member States to evaluate the information submitted concerning impact on human or animal health arising from residues and the impact on the environment and to take decisions on authorisations which ensure that residues occurring reflect the minimum quantities of the plant protection product necessary to achieve adequate control corresponding to good agricultural practice, applied in such a manner that the residues at harvest, slaughter or after storage, as appropriate, are reduced to a minimum.