No L 144/12 Official Journal of the European Communities 18. 6. 96 COUNCIL DIRECTIVE 96/32/EC of 21 May 1996 amending Annex II to Directive 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables and Annex II to Directive 90/642/EEC relating to 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 levels THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard 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 vegeta- bles ("), and in particular Article 5 thereof, Having regard to Council Directive 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(?), and in particular Article 1 thereof, Having regard to the proposal from the Commission, Whereas, in order to establish mandatory maximum levels of pesticide residues at Community level, it is necessary to transfer provisions from Directive 76/895/EEC to Direc- tive 90/642/EEC relating to the pesticides chlormequat, diazinon, dicofol, endosulfan, fentin and propoxur; whereas certain of those provisions should be amended in the light of technical and scientific progress; Whereas the Commission has received a mandate in the framework of Directive 90/642/EEC to prepare the list of pesticide residues and their maximum levels for approval by the Council; Whereas Directive 90/642/EEC provided for the estab- lishment of a list of maximum levels for certain pesticide residues, including a maximum pesticide residue level for the herbicide glyphosate in and on soya bean (%), and for the fungicide fenarimol in and on bananas () whereas it (") OJ No L 340, 9. 12. 1976, p. 26. Directive as last amended by the 1994 Act of Accession. (3 OJ No L 350, 14. 12. 1990, RI 71. Directive as last amended by Directive 95/61/EC (O] No L 292, 7. 12. 1995, p. 27). () OJ No L 211, 23. 8. 1993, p. 6. {) OJ No L 189, 23. 7. 1994, p. 70. is appropriate to amend to maximum pesticide residue levels for soya bean and bananas in order to reflect the authorized uses in certain third countries; whereas the new levels provided for are acceptable from a dietary intake point of view; whereas these levels should facilitate international trade; Whereas Directive 90/642/EEC provided for the esta- blishment of maximum pesticide residue levels for ipro- dione in and on rhubarb, and for benomyl in and on rhubarb and courgettes; whereas new data are available on these pesticide residue/product combinations; whereas on consideration of these data it is now appropriate to amend the maximum pesticide residue levels for rhubarb and courgettes; whereas the new levels provided for are accep- table from a dietary intake point of view; Whereas pesticide residues may arise in products of plant origin including fruit and vegetables as a result of agricul- tural practices; whereas it is necessary to take into account relevant data for both authorized pesticide uses and super- vised trials; Whereas, in order better to estimate dietary intake of pesticide residues, it is prudent to establish simultan- eously, where appropriate, maximum residue levels for individual pesticides in all major components of the diet; whereas these levels represent the use of minimum quan- tities of pesticide to achieve adequate control, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable; Whereas it is now appropriate that maximum levels be fixed for certain pesticide residues in products of plant origin, namely disulfoton, fenbutatin oxide, mecarbam, phorate, propyzamide, triazophos and triforine; whereas, however, it is not possible to establish maximum pesticide residue levels for all pesticide residue product combina- tions due to insufficient data; Whereas, however, data are insufficient by current stan- dards to establish maximum pesticide residue levels for certain pesticide residue/product combinations; whereas,