No L 197/14 Official Journal of the European Communities 22. 8. 95 COUNCIL DIRECTIVE 95/38/EC of 17 July 1995 amending Annexes I and II to Directive 90/642/EEC on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables, and providing for the establishment of a list of maximum THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/642/EEC of 27 November 1990 on maximum levels for pesticide resi- dues in and on certain products of plant origin, including fruit and vegetables (*), and in particular Article 1 thereof, Having regard to the proposal from the Commission, Whereas the Commission has been instructed, within the framework of Directive 90/642/EEC, to prepare a list of pesticide residues and their maximum levels for submis- sion to the Council for approval ; Whereas pesticide residues may occur in products of plant origin, including fruit and vegetables, as a result of agricultural practices ; whereas it is necessary to take into account relevant data for both authorized pesticide uses and supervised trials; Whereas in order better to estimate the maximum poten- tial dietary intake of pesticide residues, it is prudent to establish simultaneously, where appropriate, maximum residue levels for individual pesticides in all major components of diet; whereas these levels represent the use of minimum quantities of pesticide necessary to achieve adequate control, applied in such a manner that the amount of residue is the smallest possible and is toxi- cologically acceptable ; Whereas it is now appropriate that maximum levels be fixed for certain pesticide residues in products of plant origin, namely methidathion, methomyl thiodicarb, amitraz, pirimiphos-methyl, aldicarb, thiabendazole ; whereas, however, it is not possible to do so for all pesti- cide residue product combinations due to insufficient data ; " O_]”No L 350, 14. 12. 1990, p. 71. Directive as last amended by Directive 94/30/EC (OJ No L 189, 23. 7. 1994, p. 70). Whereas, in the case of thiabendazole, the available data are insufficient to establish, in accordance with current rules, a maximum residue level for citrus fruit; whereas, however, thiabendazole has been included in the list of substances included in Commission Regulation (EEC) No 3600/92 () and is covered by the first stage of the work programme provided for in Article 8 (2) of Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (%) ; whereas an important element of this programme will be the estab- lishment of maximum levels arising from use as plant protection products ; Whereas certain pesticide residues may remain, in par- ticular, in spices, which may need to be controlled; whereas it is necessary to amend Annex I to Directive 90/642/EEC to include such spices in the list of groups of product to which maximum residue levels apply; Whereas, it is only considered necessary to establish maximum pesticide residue levels in spices for certain pesticides having regard to the toxicological nature of their residues and their use pattern ; Whereas, however, the available data are insufficient by current standards to establish maximum pesticide residue levels for certain pesticide residue/product combinations ; whereas in such cases a period of time not exceeding four years would seem reasonable for the generation of the necessary data ; whereas maximum levels should therefore be established on the basis of such data by 1 July 2000 at the latest ; whereas failure to provide satisfactory data will result in the establishment of levels at the appropriate limit of determination ; whereas satisfactory undertakings to generate the necessary data must be given within one year of adoption of this Directive ; Whereas the maximum residue levels established in this Directive will have to be reviewed in the framework of the re-evaluation of active substances provided for in the work programme referred to in Article 8 (2) of Directive 91/414/EEC, () OJ No L 366, 15. 12. 1992, p. 10. () OJ No L 230, 19. 8. 1991, p. 1. Directive as last amended by Directive 94/43/EC (O] No L 227, 1. 9. 1994, p. 31).