L 194/36 Official Journal of the European Communities 27.7.1999 COMMISSION DIRECTIVE 1999/71/EC of 14 July 1999 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on 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, (3)  Whereas where no Community maximum residue level Having regard to the Treaty establishing the European Community, 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 1999/65EC (3), 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 Comission Directive 98/82/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 1999/65/EC, and in particular Article 7 thereof, Having regard to Council Directive 91/414/EEC concerning the placing of plant protection products on the market (), as last amended by Directive 99/1/EC ('), and in particular Article 1) (f) thereof, (1) Whereas the new active substance, azoxystrobin, was included in Annex I to Directive 91/414/EEC by Commission Directive 98/47EC (%) for use as fungicide only, but without specifying particular conditions having an impact on crops which may be treated with plant protection products containing azoxystrobin; (2)  Whereas the said inclusion in Annex I was based on assessment of the information submitted concerning proposed use as fungicide on cereals and vines; whereas information relating to uses on cereals, vines and bananas has been submitted by certain Member States in accordance with the requirements of Article 4(1) (f) of Directive 91/414/EEC; whereas the information available has been reviewed and is sufficient to fix certain maximum residue levels; 221, 7.8.1986, p. 37. 172, 8.7.1999, p. 40. 221, 7.8.1986, p. 43. 290, 29.10.1998, p. 25 350, 14.12.1990, p. 71. 230, 19.8.1991, p. 1. 21, 21.1.1999, p. 21. 191, 7.7.1998, p. 50. V@bww LLeeeerece |l onill onlll anll el anll el o ) or provisional MRL exists Member States shall establish a national provisional maximum residue level in accord- ance with Article 4(1) (f) of Directive 91/414/EEC before the authorisation may be granted; (4  Whereas at the inclusion in Annex I to Directive 91 [414[EEC the technical and scientific evaluation of azoxystrobin was finalised on 22 April 1998 in the format of the Commission review report for azoxy- strobin; whereas in this review report the acceptable daily intake (ADI) for azoxystrobin was set at 0.1 mg/kg bw/day; whereas the lifetime exposure of consumers of food products treated with azoxystrobin has been assessed and evaluated in accordance with the proced- ures and practices used within the European Community, taking account of guidelines published by the World Health Organisation (°) and it has been calcu- lated that the maximum residue levels fixed in this Directive do not give rise to an exceedence of this ADI; (5)  Whereas acute toxic effects requiring the setting of an acute reference dose were not noted during the evalu- ation and discussion which preceded the inclusion of azoxystrobin in Annex I to Directive 91/414/EEC; (6)  Whereas for certain agricultural products the use condi- tions for azoxystrobin have already been defined in a manner which permits the establishing of definitive maximum residue levels; (7)  Whereas to ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it is prudent to set provisional maximum residue levels at the lower limit of analytical determination for all those products covered by Council Directives 86/362/EEC, 86/363/EEC and 90/642[EEC; whereas the setting at Community level of such provisional maximum residue levels does not prevent the Member States from estab- lishing provisional maximum residue levels for azoxy- strobin in accordance with Article 4(1) (f) of Directive 91/414/EEC and in accordance with Annex VI to (®) Guidelines for é)redlctmg dietary intake of pesticide residues (revised), pre(fare by the GEMS/food programme in collaboration with the Codex Committee on Pest1c1de Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97 7).