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            COMMISSION DIRECTIVE 2005/70/EC

of 20 October 2005         

amending Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for certain pesticides in and on cereals and certain products of animal and plant origin

(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 (1), 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 (2), 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 (3), 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 certain products of plant origin, including fruit and vegetables (4), and in particular Article 7 thereof,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (5) and in particular Article 4(1)(f) thereof,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

Article 1

In Annex II to Directive 76/895/EEC, the line for chlorpropham is deleted.

Article 2

Directive 86/362/EEC is amended as follows:

Article 3

Directive 86/363/EEC is amended as follows:

Article 4

Directive 90/642/EEC is amended as follows:

Article 5

1.   Member States shall adopt and publish, by 21 April 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 21 April 2007.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 7

This Directive is addressed to the Member States.

Done at Brussels, 20 October 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 340, 9.12.1976, p. 26. Directive as last amended by Commission Directive 2003/118/EC (OJ L 327, 16.12.2003, p. 25).

(2)OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2005/48/EC (OJ L 219, 24.8.2005, p. 29).

(3)OJ L 221, 7.8.1986, p. 43. Directive as last amended by Directive 2005/48/EC.

(4)OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2005/48/EC.

(5)OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

(6)OJ L 304, 21.11.2001, p. 14.

(7)OJ L 70, 9.3.2004, p. 32.

(8)OJ L 120, 24.4.2004, p. 26.

(9)OJ L 247, 30.9.2003, p. 20. Directive as amended by Directive 2004/64/EC (OJ L 125, 28.4.2004, p. 42).

(10)OJ L 325, 12.12.2003, p. 41.

(11)OJ L 77, 13.3.2004, p. 50.

(12)OJ L 120, 24.4.2004, p. 39. Directive as amended by Directive 2004/97/EC (OJ L 301, 28.9.2004, p. 53).

(13)OJ L 125, 28.4.2004, p. 38.

(14)OJ L 234, 9.8.1982, p. 1.

(15)OJ L 290, 29.10.1998, p. 25.

(16)  Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).

(17)  Opinion of the Scientific Committee on Plants regarding questions relating to amending the annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http://europa.eu.int/comm/food/fs/sc/index_en.html).

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ANNEX I

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(*1)  Indicates lower limit of analytical determination.

(p)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 10 November 2009.

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ANNEX II

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(*1)  Indicates lower limit of analytical determination.

(p)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 10 November 2009.

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ANNEX III

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(*1)  Indicates lower limit of analytical determination.

(p)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 10 November 2009.

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ANNEX IV

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(*1)  Indicates lower limit of analytical determination.

(p)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 10 November 2009.

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ANNEX V

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(*1)  Indicates lower limit of analytical determination.

(*2)  Residue definition in potatoes is chlorpropham only.

(p)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 10 November 2009.

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ANNEX VI

Pesticide residues and MRLs (mg/kg)

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(*1)  Indicates lower limit of analytical determination.

(p)  Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC : unless amended, this level will become definitive with effect from 10 November 2009.

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