CELEX: 51990PC0497
Language: en
Date: 1990-10-12
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE FIXING OF MAXIMUM LEVELS FOR PESTICIDE RESIDUES IN AND ON CERTAIN PRODUCTS OF PLANT ORIGIN, INCLUDING FRUIT AND VEGETABLES, AND AMENDING DIRECTIVE 76/895/EEC AS REGARDS PROCEDURAL RULES

N o C 275/6                           Official Journal of the European Communities                                  1. 11. 90
             Amendment to the proposal for a Council Regulation (EEC) on the fixing of maximum levels
             for pesticide residues in and on certain products of plant origin, including fruit and vegetables,
                            and amending Directive 76/895/EEC as regards procedural rules (!)
                                                     COM(90) 497 final
              (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 12 October 1990)
                                                       (90/C 275/06)
In response to the opinion delivered by the European                '3.     This Regulation shall apply to products referred
Parliament on the proposal for a Regulation submitted to            to in paragraph 1 intended for export to third
the Council by the Commission on the fixing of                      countries, save that maximum pesticide residue levels
maximum levels for pesticide residues in and on certain             set in accordance with this Regulation shall not apply
products of plant origin, including fruit and vegetables,           in the case of products treated before export where it
and amending Directive 76/895/EEC as regards                        can be satisfactorily proved that:
procedural rules, and in accordance with the third
paragraph of Article 149 of the Treaty establishing the             (a) the third country of destination requires that
European Economic Community, the Commission has                          particular treatment in order to prevent the intro-
decided to amend the aforementioned proposal as                          duction of harmful organisms into its territory; or
follows.
                                                                    (b) the treatment is necessary in order to protect the
1. An eight recital is added:                                            products against harmful organisms during
                                                                         transport to the third country of destination and
                                                                         storage there.
    'Whereas the Community should therefore encourage
   the use of alternative, organic farming methods.'
                                                                    4.     This Regulation shall not apply to the products
                                                                   referred to in paragraph 1 where it can be established
2. The 17th recital is replaced by the following text:             by appropriate evidence that they are intended for:
   'Whereas it is appropriate to apply this Regulation to           (a) the manufacture of products other than foodstuffs
   products intended for export to third countries,                      and animal feedingstuffs;
   except in certain cases where it can be established that
   importing countries require particular treatments                (b) sowing or planting.'
   which would necessitate higher maximum levels than
   those fixed for the Community pursuant to this Regu-         4. Article 3 (2) is replaced by the following text:
   lation; whereas, however, it is not appropriate to
   apply this Regulation to products intended for the
                                                                   '2.     Member States shall ensure, at least by regular
   manufacture of products other than foodstuffs and
                                                                   check sampling, compliance with the maximum levels
   feedingstuffs, or for sowing or planting.'
                                                                   referred to in paragraph 1. The necessary inspections
                                                                   shall be carried out in accordance with the provisions
3. In Article 1, the following two paragraphs replace              of Directive 89/397/EEC and in particular Article 4
   paragraph 3:                                                    thereof.'
O OJ No C 46, 25. 2. 1989, p. 5.