31979L0040

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( 1 ) OJ NO C 247 , 18 . 10 . 1978 , P . 8 .

( 2 ) OJ NO C 6 , 8 . 1 . 1979 , P . 63 .

( 3 ) OPINION DELIVERED ON 29 AND 30 NOVEMBER 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 4 ) OJ NO 12 , 27 . 1 . 1964 , P . 161/64 .

( 5 ) OJ NO L 44 , 15 . 2 . 978 , P . 23 .

( 6 ) OJ NO L 223 , 16 . 8 . 1976 , P . 3 .

COUNCIL DIRECTIVE

OF 18 DECEMBER 1978

AMENDING FOR THE 14TH TIME DIRECTIVE 64/54/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION

( 79/40/EEC )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),

WHEREAS COUNCIL DIRECTIVE 64/54/EEC OF 5 NOVEMBER 1963 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION ( 4 ), AS LAST AMENDED BY DIRECTIVE 78/145/EEC ( 5 ), AND IN PARTICULAR BY DIRECTIVE 76/629/EEC ( 6 ), PROVIDES TEMPORARILY FOR THE USE UNTIL 1 JANUARY 1979 OF THIABENDAZOLE AT A MAXIMUM RESIDUAL LEVEL OF 6 MG/KG IN THE CASE OF CITRUS FRUIT AND 3 MG/KG IN THE CASE OF BANANAS ;

WHEREAS , THE USE OF THIABENDAZOLE ON THE SURFACE OF SUCH FRUIT IN QUANTITIES LEADING TO SUCH MAXIMUM RESIDUAL LEVELS IN THE WHOLE FRUIT IS ACCEPTABLE ON A TOXICOLOGICAL BASIS ;

WHEREAS EXPERIENCE IN THE USE OF THIABENDAZOLE HAS SHOWN THAT THE MAINTENANCE OF THESE LEVELS IS TECHNOLOGICALLY JUSTIFIED ;

WHEREAS IT MAY , HOWEVER , BE NECESSARY SUBSEQUENTLY TO INCLUDE THIABENDAZOLE IN MORE GENERAL COMMUNITY RULES GOVERNING THE SURFACE TREATMENT OF FRUIT ;

WHEREAS IT IS THEREFORE NECESSARY FOR THE TIME BEING , IN ORDER NOT TO PREJUDGE THE NATURE OR THE SCOPE OF SUCH FUTURE RULES , TO EXTEND ONCE AGAIN THE DEADLINE FOR THE PERMITTED USE OF THIABENDAZOLE ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

IN NO E 233 SUBPARAGRAPH ( C ) OF SECTION I OF THE ANNEX TO DIRECTIVE 64/54/EEC ' 1 JANUARY 1979 ' SHALL BE REPLACED BY ' 1 JULY 1982 ' .

ARTICLE 2

MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITH EFFECT FROM 1 JANUARY 1979 AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .

ARTICLE 3

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 18 DECEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

J . ERTL