No L 189/70 Official Journal of the European Communities 23.7. 94 COUNCIL DIRECTIVE 9%4/30/EC of 23 June 1994 amending 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 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 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 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 Council ; Whereas pesticide residues may arise in products of plant origin, including fruit and vegetables as a result of agricul- tural practices ; whereas, to establish maximum levels for the former, it is necessary to take into account relevant data for both authorized pesticide uses and supervised trials ; whereas, however, available data is frequently insuf- ficient by current standards to estabish maximum levels ; Whereas, in order better to estimate dietary intake of pesticide residues, it is prudent to establish simultaneo- usly, where possible, maximum residue levels for indivi- dual 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 ; () OJ No L 350, 14. 12. 1990, p. 71. Directive as amended by Directive 93/58/EEC (O] No L 211, 23. 8. 1993, p. 6). levels Whereas, it is now appropriate that maximum levels be fixed for certain pesticides, namely, daminozide, lambda- cyhalothrin, propiconazole, carbofuran, carbosulfan, benfuracarb, furathiocarb, cyfluthrin, metalaxyl, benalaxyl, fenarimol and ethephon in products of plant origin; whereas, however, it is not possible to establish maximum pesticide residue levels for all pesticide residue product combinations due to insufficient data; Whereas, in cases of insufficient data availability a period of time should be allowed for the generation of the neces- sary data; whereas a period not exceeding four years would seem reasonable for this purpose ; whereas, there- fore, maximum levels should be established on the basis of such data by 30 June 1999 at the latest ; whereas failure to provide satisfactory data normally results in the estabishment of levels at the appropriate limit of determi- nation ; 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 established in Article 8 (2) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (3), HAS ADOPTED THIS DIRECTIVE : Article 1 The following pesticide residues shall be added to Annex II to Directive 90/642/EEC : () OJ No L 230, 19. 8. 1991, p. 1. Directive as amended by Commission Directive 93/71/EEC (O] No L 221, 31. 8. 1993, p- 27).