12. 7. 97 Official Journal of the European Communities No L 184/33 COUNCIL DIRECTIVE 97/41/EC of 25 June 1997 amending Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC relating to the fixing of maximum levels for pesticide residues in and on, respectively, fruit and vegetables, cereals, foodstuffs of animal origin, and certain products of plant origin, including fruit and vegetables THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Par- liament (3, Having regard to the opinion of the Economic and Social Committee (%), Whereas Council Directives 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (*), 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin(®) and 90/642/EEC of 27 November 1990 relating to the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables(f) have established a common regime providing for mandatory residue levels applicable throughout the Community; Whereas this regime provides for a gradual transfer of the maximum residue levels established pursuant to 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 () to Directive 90/642/EEC after technical consideration; whereas such transfer has already been realized for certain levels and is still in preparation for others; Whereas Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on (") OJ No C 201, 5. 8. 1995, p. 8, and O] No C 103, 2. 4. 1997, . 20. ® %J No C 320, 28. 10. 1996, p. 96. () O] No C 82,19. 3. 199, p. 1. () OJ No L 221, 7. 8. 1986, p. 37. Directive as last amended by Directive 96/33/EC (O] No L 144, 18. 6. 1996, p. 35). () OJ No L 221, 7. 8. 1986, p. 43. Directive as last amended by Directive 96/33/EC (O] No L 144, 18. 6. 1996, p. 35). () OJ No L 350, 14. 12. 1990, p. 71. Directive as last amended by Directive 96/32/EC (O] No L 144, 18. 6. 1996, p. 12). () OJ No L 340, 9. 12. 1876, p. 26. Directive as last amended by Directive 96/32/EC (O] No L 144, 18. 6. 1996, p. 12). the market () has provided for a mechanism linking the authorization of a plant protection product containing an active substance included in Annex I of that Directive to the obligation for the Member State having granted the authorization to establish a provisional maximum residue level of the active substance concerned in the treated crops; whereas this mechanism also provides for a mandate to the Commission to establish, on the basis of the provisional maximum residue level set by a Member State, provisional maximum residue levels applicable throughout the Community; whereas for reasons of clarity, the provisional maximum residue levels set accor- ding to this mechanism, should be integrated in an appropriate way in the Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC; Whereas rules have to be set concerning the maximum residue levels which are acceptable in dried and/or processed single agricultural products and in composite foodstuffs in order to ensure proper human health protec- tion as well as proper functioning of the internal market with regard to such products; Whereas Member States should provide for the possibility to establish maximum residue levels for products from other Member States in order to prevent as much as possible trade problems due to the absence of harmonized maximum residue levels for certain residue/product combinations; Whereas a conciliation procedure is necessary in cases where in practice barriers to intra-Community trade have appeared owing to the absence of harmonized maximum residue levels for certain residue/product combinations; Whereas effective monitoring of pesticide residues should be systematically organized at both national and Com- munity stages in order to ensure compliance with the mandatory levels set and to contribute to the highest degree of consumer confidence in the degree of protec- tion of human health achieved; Whereas it is essential, in order to guarantee a high level of consumer protection, to ensure that checks on compli- ance with the maximum residue levels established are carried out; whereas such checks should cover as far as () OJ No L 230, 19. 8. 1991, p. 1. Directive as last amended by Directive 96/32/EC (O] No L 144, 18. 6. 1996, p. 12).