20.7.2002 Official Journal of the European Communities L 192/47 COMMISSION DIRECTIVE 2002/66/EC of 16 July 2002 amending the Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 vegetables ('), as last amended by Commission Directive 2000/82/EC (3), and in particular Article 5 thereof, Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (°), as last amended by Commission Directive 2002/42[EC (¥, and in particular Article 10 thereof, Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (°), as last amended by Directive 2002/42[EC, and in particular Article 10 thereof, Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables (), as last amended by Directive 2002/42/EC, and in particular Article 7 thereof, Whereas: (1)  In the case of cereals and products of plant origin including fruit and vegetables, residue levels should reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is both as low as practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the protection of the health of consumers in terms of estimated dietary intake of consumers. In the case of foodstuffs of animal origin, residue levels should reflect the consumption by animals of cereals and products of plant origin treated with pesticides and, where relevant, the direct consequences of the use of veterinary medicines. Community 340, 9.12.1976, p. 26. 3, 6.1.2001, p. 18. 221, 7.8.1986, p. 37. 134, 22.5.2002, p. 29. 221, 7.8.1986, p. 43. 350, 14.12.1990, p. 71. maximum residue levels (MRLs) represent the upper limit to the amounts of such residues that might be found in commodities when good agricultural practices have been respected by producers. (2)  MRLs for pesticides should be kept under review and the levels may be changed to take account of new informa- tion and data. MRLs should be fixed at the lower limit of analytical determination where there are no authorised uses. (3)  Commission Decisions have been taken not to include active substances in Annex I to Council Directive 91/ 414[EEC of 15 June 1991 on the placing of plant protection products on the market (), as last amended by Commission Directive 2002/48/EC (}) for: lindane (Commission Decision 2000/801/EC) (), quintozene (Commission Decision 2000/816/EC) (%), permethrin (Commission  Decision ~ 2000/817[EC) (*!),  zineb (Commission Decision 2001/245/EC) () and parathion (Commission Decision 2001/520/EC) (*}). These Deci- sions provided that plant protection products containing these active substances shall no longer be authorised for use in the Community. It is therefore necessary to add all of the pesticide residues arising from use of these plant protection products to the Annexes to Directives 86/362[EEC, 86/363/EEC and 90/642/EEC to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer. Since it is not possible to discriminate in routine monitoring between zineb and other dithiocarbamates, it is not possible to set MRLs for zineb. In order to allow legitimate expecta- tions to be fulfilled for existing stocks of pesticides to be used, the Commission non-inclusion Decisions allowed a phasing out period, and it is appropriate that MRLs premised on the notion that use of the substance concerned is not authorised in the Community, should not apply until the end of the phasing out period applying to that substance. L 230, 19.8.1991, p. 1. L 148, 6.6.2002, p. 19. L 324, 21.12.2000, p. 42. L 332, 28.12.2000, p. 112. 332, 28.12.2000, p. 114, 88, 28.3.2001, p. 19. 187, 10.7.2001, p. 47. e