No L 340/26 Official Journal of the European Communities 9.12. 76 COUNCIL DIRECTIVE of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (76/895/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment (1), Having regard to the opinion of the Economic and Social Committee (?), Whereas crop production plays an important role in the European Economic Community ; Whereas the yieId from that production is continually affected by harmful organisms of either animal or vegetable origin and also by viruses ; Whereas it is absolutely essential to protect plants against these organisms, not only to prevent a reduc- tion in yield but also to increase agricultural produc- tivity ; Whereas one of the most important methods of protecting plants and plant products from the effect of these harmful organisms is by the use of chemical pesticides ; Whereas, however, these pesticides do not have only a favourable effect on plant production, since they are generally toxic substances or preparations with dangerous side effects ; Whereas a large number of these pesticides and of their metabolized or breakdown products may have harmful effects on consumers of plant products ; Whereas these pesticides should not be used in circumstances which could present a risk to human or animal life ; Whereas different methods exist in certain Member States for avoiding this risk ; whereas some of these States have fixed different levels for the maximum content of the residues of certain pesticides in or on treated plants and plant products which must be (1) OJ No C 97, 28. 7. 1969, p. 3. () OJ No C 40, 25. 3. 1969, p. 4. observed when these products are put into circula- tion ; Whereas the differences which exist between Member States for the maximum permissible levels for pesti- cide residues can help to create barriers to trade and thus hinder the free movement of goods within the Community ; - whereas for this reason certain maximum levels should be fixed which may be applied by the Member States ; Whereas in fixing these maximum levels the require- ments of plant production and the need to protect human and animal health must be reconciled; Whereas, initially, maximum levels should be fixed for the residues of certain pesticides in and on fruit and vegetables taking into account the fact that fruit and vegetables are generally intended for human consumption and, on occasions, for animal feed; whereas these maximum levels must represent the lowest possible levels ; Whereas the free circulation throughout the Commu- nity of products with a level of residue of certain pesti- cides less than or equal to the maxima fixed in Annex IT should be assured; whereas at the same time Member States should be allowed to permit the circula- tion in their territory, without discrimination and in cases where they consider this justified, of products which have a content higher than the said maxima either by fixing or by refraining from fixing maximum levels for them ; Whereas it is not necessary to apply the provisions of this Directive to fruit and vegetables intended for export to third countries ; Whereas, nevertheless, the maximum levels fixed in Annex II could unexpectedly prove dangerous to human or animal health; whereas Member States should therefore be allowed in that case to reduce temporarily these levels ; Whereas it is appropriate in that case to establish close cooperation between the Member States and the Commission within a Standing Committee on Plant Protection ;