51996AP0251

A4-0251/96

Proposal for a Council Directive amending 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, Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals, 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, and 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 (COM(95)0272 - C4-0284/95 - 95/0154(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 1

>Original text>

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

>Text following EP vote>

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

(Amendment 2)

Recital -1 (new)

>Text following EP vote>

Whereas bringing Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC together in a single Directive will make for clarity, improve legal certainty and contribute to harmonization of EU legislation and its application in a consistent way;

(Amendment 3)

Recital 3

>Original text>

Whereas Directive 91/414/EEC concerning the placing of plant protection products on the market has provided for a mechanism linking the authorization of a plant protection product containing an active substance included in Annex I of that Directive to the obligation for the Member State having granted the authorization to establish a provisional maximum residue level of the active substance concerned in the treated crops; whereas this mechanism also provides for a mandate to the Commission to establish, on the basis of the provisional maximum residue level set by a Member State, provisional maximum residue levels applicable throughout the Community; whereas for reasons of clarity the provisional maximum residue levels set according to this mechanism should be integrated in an appropriate way in the annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC;

>Text following EP vote>

Whereas Directive 91/414/EEC concerning the placing of plant protection products on the market has provided for a mechanism linking the authorization of a plant protection product containing an active substance included in Annex I of that Directive to the obligation for the Member State having granted the authorization to establish a provisional maximum residue level of the active substance concerned in the treated crops; whereas this mechanism also provides for a mandate to the Commission to establish, on the basis of the provisional maximum residue level set by a Member State, provisional maximum residue levels applicable throughout the Community; whereas the provisional maximum residue levels set according to this mechanism are integrated in the annexes referred to in this Directive;

(Amendment 4)

Recital 8

>Original text>

Whereas it is necessary to update certain provisions of Directives 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables, 86/362/EEC and 86/368/EEC to the similar provisions in Directive 90/642/EEC to ensure coherence in the implementation of the whole regime concerning maximum residue levels;

>Text following EP vote>

Deleted

(Amendment 5)

Recital 9

>Original text>

Whereas the introduction of amendments in the annexes as a result of developments in scientific and technical knowledge, as well as the setting of temporary maximum residue levels and the establishment of dilution or concentration factors related to certain drying or processing operations are technical measures; whereas a Regulatory Committee decision procedure seems appropriate for the adoption of such measures in order to ensure an effective and streamlined operation of the implementation measures under Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC and the implementation measures under Directive 91/414/EEC and other relevant Directives;

>Text following EP vote>

Whereas the introduction of amendments in the annexes as a result of developments in scientific and technical knowledge, as well as the setting of temporary maximum residue levels and the establishment of dilution or concentration factors related to certain drying or processing operations are technical measures; whereas a Regulatory Committee decision procedure seems appropriate for the adoption of such measures in order to ensure an effective and streamlined operation of the implementation measures under this Directive, Directive 91/414/EEC and other relevant Directives;

(Amendment 6)

Recital 10a (new)

>Text following EP vote>

Whereas plant production plays a very important role in the Community; whereas there is often a need to protect plants and plant products from harmful organisms in order to prevent reduced yields and damage to harvested crops; whereas the Community should press for the introduction of organic farming; whereas through the responsible use and specific promotion of the natural bases of life and conscious avoidance of environmental pollution, implementing diversification of production and of farm structures with a range of plant and animal varieties without excessive specialization, organic farming is also best able to guarantee supplies of healthy food in the future;

(Amendment 7)

Recital 10b (new)

>Text following EP vote>

Whereas Agenda 21 of the United Nations Conference on the Environment and Development (UNCED) in Rio de Janeiro (June 1992) called for integrated plant protection linking biological control, host plant resistance and modified production methods while reducing the use of pesticides to a minimum; whereas the Member States should therefore make this form of farming their goal;

(Amendment 8)

Recital 10c (new)

>Text following EP vote>

Whereas the aim of 'good farming practice' (GFP) should be to avoid exposing foodstuffs to pesticides which have no useful role to play; whereas the need for product protection has a major impact on consumers and the environment; whereas, therefore, the long-term aim must be farming practice within the meaning of Council Regulation (EEC) No. 2092/911;

__________

1 OJ L 198, 22.7.1991, p. 1.

(Amendment 9)

Recital 10d (new)

>Text following EP vote>

Whereas to prevent foodstuffs constituting a health risk the maximum level of pesticide residues must be reduced to an absolute minimum; whereas this must be taken into account at the authorization stage for pesticides; whereas, therefore, this Directive is consistent with the principle of care contained in Directive 80/778/EEC relating to the quality of water intended for human consumption1;

_____________

1 OJ L 229, 30.8.1980, p. 11.

(Amendment 12)

ARTICLE 1(-1) (new)

Article 1 (Directive 76/895/EEC)

>Text following EP vote>

-1. Article 1 is replaced by the following:

'Article 1

1. This Directive concerns products intended for human or, in exceptional cases, animal consumption listed under the Common Customs Tariff headings set out in Annex I and in or on which are found the pesticide residues listed in Annex II.

>Text following EP vote>

2. This Directive shall also apply to the products in question if they are dried, processed or added to a composite foodstuff if such products are likely to contain pesticide residues.

>Text following EP vote>

3. Community and Member State provisions on food for dietary purposes and food for children shall not be affected.

>Text following EP vote>

4. This Directive shall also apply to those products specified in paragraph 1 which are intended for export to third countries. However, the maximum levels of pesticide residues determined pursuant to this Directive shall not apply to treated products intended for export if there is sufficient proof that:

>Text following EP vote>

(a) the country of destination requires this special treatment to prevent harmful organisms being introduced into its territory, or

>Text following EP vote>

(b) the treatment is needed to protect the products from harmful organisms during transport to, and storage in, the country of destination.¨

(Amendment 13)

Article 1(-1a) (new)

Article 2 (Directive 76/895/EEC)

>Text following EP vote>

-1a. Article 2 is replaced by the following:

'Article 2

For the purposes of this Directive

1. 'pesticide residues' means the residual traces of plant protection products and pesticides, as well as any breakdown or metabolized products, which are present in or on the products referred to in Article 1;

>Text following EP vote>

2. 'putting into circulation' means any handing over, whether in return for payment or free of charge, of the products referred to in Article 1;

>Text following EP vote>

3. 'good farming practice' (GFP) means the approach to agriculture and stock- raising based on the rules of integrated agriculture and respecting the rules of organic farming;

>Text following EP vote>

4. 'integrated agriculture' means a form of agriculture with plant protection which brings together biological control, host plant resistance and modified cultivation methods and which reduces the use of plant protective products to a minimum. If pesticides have to be used, non-chemical methods should have a clear priority over chemical methods. The appropriate pesticidal methods may only be used as part of an integrated process. Pesticides should be used only if absolutely necessary.¨

(Amendment 15)

ARTICLE 1(-1b) (new)

Article 3(1) (Directive 76/895/EEC)

>Text following EP vote>

-1b. Article 3(1) is replaced by the following:

>Text following EP vote>

"1. Member States may not prohibit or impede the putting into circulation within their territories of the products referred to in Article 1 on the ground that they contain pesticide residues if the quantity of these residues does not exceed the maximum levels laid down in Article 2a(2) and (3) and in Annex II.¨

(Amendment 16)

Article 1(-1c) (new)

Article 3(2) (Directive 76/895/EEC)

>Text following EP vote>

-1c. Article 3(2) is deleted.

(Amendment 17)

Article 1(-1d) (new)

Article 3(3) (Directive 76/895/EEC)

>Text following EP vote>

-1d. Article 3(3) is replaced by the following:

"3. Member States shall inform the other Member States and the Commission of any implementation of paragraph 1.¨

(Amendment 18)

Article 1(-1e) (new)

Article 4(1) (Directive 76/895/EEC)

>Text following EP vote>

-1e. Article 4(1) is replaced by the following:

"1. If a Member State becomes convinced, because of fresh information or a re- evaluation of existing information, that a maximum level fixed in Annex II might endanger the health of humans or of animals other than harmful organisms, that Member State may temporarily reduce that level in its own territory. In that case it shall immediately notify the other Member States and the Commission of the measures taken with a statement of the reasons therefor.¨

(Amendment 19)

ARTICLE 1(1)

Article 5, first sentence (Directive 76/895/EEC)

>Original text>

1. The first sentence of Article 5 is replaced by the following:

'Without prejudice to Article 4, any amendments to be made to the Annexes shall be adopted in accordance with the procedure laid down in Article 7.'

>Text following EP vote>

Deleted

(Amendment 20)

ARTICLE 1(5a) (new)

Annex IIa (Directive 76/895/EEC) (new)

>Text following EP vote>

5a. The following Annex IIa is inserted:

'Annex IIa

The sum of the pesticide residues in foodstuffs shall not exceed 0.05 mg/kg."

(Amendment 21)

ARTICLE 2(1)

Article 1(1), first subparagraph (Directive 86/362/EEC)

>Original text>

1. This Directive shall apply to the cereal products listed in Annex I in so far as these products may contain certain pesticide residues.

>Text following EP vote>

1. This Directive shall apply to the cereal products and other grains or seeds listed in Annex I in so far as these products may contain certain pesticide residues.

(Amendment 23)

ARTICLE 2(3)

Article 4(3) (Directive 86/362/EEC)

>Original text>

3. In the case of composite foods containing a mixture of ingredients and for which maximum residue levels are not fixed, the maximum residue levels applied may not exceed the levels laid down in Annex II, taking into account the relative concentrations of the ingredients in the mixture and also the provisions laid down in paragraph 2.

>Text following EP vote>

3. In the case of composite foods containing a mixture of ingredients, the maximum residue levels applied may not exceed the levels laid down in Article 2a(2) and (3) of Directive 76/895/EEC.

(Amendment 24)

ARTICLE 2(3)

Article 4(4) (Directive 86/362/EEC)

>Original text>

4. Member States shall ensure, at least by monitoring and check sampling, compliance with the maximum levels referred to in paragraph 1. The necessary inspections and control measures shall be carried out in accordance with Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs, and in particular Article 4 thereof, and Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs.

>Text following EP vote>

4. Member States shall ensure, at least by monitoring and check sampling, compliance with the maximum levels referred to in Article 2a(2) and (3) of Directive 76/895/EEC. The necessary inspections and control measures shall be carried out in accordance with Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs, and in particular Article 4 thereof, and Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs.

(Amendment 25)

ARTICLE 2(4)

Article 5a(1)and (2) (Directive 86/362/EEC)

>Original text>

1. For the purposes of this Article a Member State of origin is defined as the Member State on which territory a product specified in Article 1(1), first subparagraph, is legally produced or commercialized and a destination Member State is defined as the Member State into which territory such product is introduced and put into circulation for operations other than transit to another Member State or third country.

>Text following EP vote>

1. For the purposes of this Article a Member State of origin is defined as the Member State on which territory a product specified in Article 1(1) is legally produced or commercialized and a destination Member State is defined as the Member State into which territory such product is introduced and put into circulation for operations other than transit to another Member State or third country.

>Original text>

2. Member States shall provide for a regime to enable the establishment of maximum residue levels for products referred to in Article 1(1), first subparagraph, introduced into their territories from a Member State of origin, and taking into account the good agricultural practice in the Member State of origin, in cases where no maximum residue levels have been established for these products in accordance with the provisions of Article 4(1) or 5.

>Text following EP vote>

2. Member States shall provide for a regime to enable the establishment of maximum residue levels for products referred to in Article 1(1) introduced into their territories from a Member State of origin, and taking into account the good agricultural practice in the Member State of origin, in cases where no maximum residue levels have been established for these products in accordance with the provisions of Articles 4 or 5.

(Amendment 26)

ARTICLE 2(4)

Article 5a(3), introductory phrase and (1) (Directive 86/362/EEC)

>Original text>

3. Moreover in cases where no maximum residue levels have been established in accordance with the provisions of Article 4(1) or 5, the following shall apply:

>Text following EP vote>

3. Moreover in cases where no maximum residue levels have been established in accordance with the provisions of Articles 4 or 5, the following shall apply:

>Original text>

1. Where a product specified in Article 1(1), first subparagraph, satisfying the maximum residue levels applied by its Member State of origin, has been submitted in the destination Member State to measures with the effect to prohibit or submit to special restrictions the putting into circulation of the product concerned on the grounds that such product contains pesticide residue levels exceeding the maximum residue level accepted in the destination Member State, the destination Member State shall inform thereof the other Member State concerned and the Commission. In the communication the cases on which the information is based shall be documented.

>Text following EP vote>

1. Where a product specified in Article 1(1) satisfying the maximum residue levels applied by its Member State of origin, has been submitted in the destination Member State to measures intended to prohibit or submit to special restrictions the putting into circulation of the product concerned on the grounds that such product contains pesticide residue levels exceeding the maximum residue level accepted in the destination Member State, the destination Member State shall inform the other Member State concerned and the Commission thereof without delay. In the communication the cases on which the information is based shall be documented.

(Amendment 27)

ARTICLE 2(5)

Article 7(3) (Directive 86/362/EEC)

>Original text>

3. By 31 August each year, the Member States shall send to the Commission the results of the analyses of the check samples taken during the previous year under their national monitoring programmes and under the coordinated monitoring programme. The Commission shall collate and combine this information and shall communicate it to the Member States in the framework of the Standing Committee on Plant Health together with any recommendations for consequent action. In particular, the recommendations should cover:

- any action to be taken in the case of reported infringements of the maximum levels,

- the desirability of publication of the collated and combined information,

- specific conclusions as to modifications which might be made to national monitoring programmes.

>Text following EP vote>

3. By 31 August each year, the Member States shall send to the Commission the results of the analyses of the check samples taken during the previous year under their national monitoring programmes and under the coordinated monitoring programme. The Commission shall collate and combine this information, together with the results of the checks carried out in accordance with Directives 86/363/EEC and 90/642/EEC in order to assess the total dietary exposure and should:

- analyse infringements of the maximum residue levels,

- analyse the average real levels of residue and their relative value with respect to the maximum residue levels,

- assess the average level of dietary intake of pesticide residues and their relative value with respect to daily food intake.

>Text following EP vote>

The Commission shall communicate this information to the Member States in the framework of the Standing Committee on Plant Health together with any recommendations for consequent action. In particular, the recommendations should cover:

>Text following EP vote>

- any action to be taken in the case of reported infringements of the maximum levels,

>Text following EP vote>

- the desirability of publication of the collated and combined information,

>Text following EP vote>

- specific conclusions as to modifications which might be made to national monitoring programmes.

(Amendment 28)

ARTICLE 3(4)

Article 5a(1) and (2) (Directive 86/363/EEC)

>Original text>

1. For the purposes of this Article a Member State of origin is defined as the Member State on which territory a product specified in Article 1(1), first subparagraph, is legally produced or commercialized and a destination Member State is defined as the Member State into which territory such product is introduced and put into circulation for operations other than transit to another Member State or third country.

>Text following EP vote>

1. For the purposes of this Article a Member State of origin is defined as the Member State on which territory a product specified in Article 1(1) is legally produced or commercialized and a destination Member State is defined as the Member State into which territory such product is introduced and put into circulation for operations other than transit to another Member State or third country.

>Original text>

2. Member States shall provide for a regime to enable the establishment of maximum residue levels for products referred to in Article 1(1), first subparagraph, introduced into their territories from a Member State of origin, and taking into account the good agricultural practice in the Member State of origin, in cases where no maximum residue levels have been established for these products in accordance with the provisions of Article 4(1) or 5.

>Text following EP vote>

2. Member States shall provide for a regime to enable the establishment of maximum residue levels for products referred to in Article 1(1) introduced into their territories from a Member State of origin, and taking into account the good agricultural practice in the Member State of origin, in cases where no maximum residue levels have been established for these products in accordance with the provisions of Articles 4 or 5.

(Amendment 29)

ARTICLE 3(4)

Article 5a(3), introductory phrase and (1) (Directive 86/363/EEC)

>Original text>

3. Moreover, in cases where no maximum residue levels have been established in accordance with the provisions of Article 4(1) or 5, the following shall apply:

>Text following EP vote>

3. Moreover, in cases where no maximum residue levels have been established in accordance with the provisions of Articles 4 or 5, the following shall apply:

>Original text>

1. Where a product specified in Article 1(1), first subparagraph, satisfying the maximum residue levels applied by its Member State of origin, has been submitted in the destination Member State to measures with the effect to prohibit or submit to special restrictions the putting into circulation of the product concerned on the grounds that such product contains pesticide residue levels exceeding the maximum residue level accepted in the destination Member State, the destination Member State shall inform thereof the other Member State concerned and the Commission. In the communication the cases on which the information is based shall be documented.

>Text following EP vote>

1. Where a product specified in Article 1(1) satisfying the maximum residue levels applied by its Member State of origin, has been submitted in the destination Member State to measures intended to prohibit or submit to special restrictions the putting into circulation of the product concerned on the grounds that such product contains pesticide residue levels exceeding the maximum residue level accepted in the destination Member State, the destination Member State shall inform the other Member State concerned and the Commission thereof without delay. In the communication the cases on which the information is based shall be documented.

(Amendment 30)

ARTICLE 3(4a) (new)

Article 7, second paragraph (new) (Directive 86/363/EEC)

>Text following EP vote>

4a. The following paragraph is added to Article 7:

'The Commission shall collate and combine this information and process it, together with the results of the checks carried out in accordance with Directives 86/362/EEC and 86/363/EEC in order to assess the total dietary exposure to the pesticide residues.¨

(Amendment 38)

ARTICLE 4(4)

Article 4(3) (Directive 90/642/EEC)

>Original text>

3. By 31 August each year, the Member States shall send to the Commission the results of the analyses of the check samples taken during the previous year under their national monitoring programmes and under the coordinated monitoring programme. The Commission shall collate and combine this information and shall communicate it to the Member States in the framework of the Standing Committee on Plant Health together with any appropriate recommendations for consequent action if necessary.

>Text following EP vote>

3. By 31 August each year, the Member States shall send to the Commission the results of the analyses of the check samples taken during the previous year under their national monitoring programmes and under the coordinated monitoring programme. The Commission shall collate and combine this information, together with the results of the checks carried out in accordance with Directives 86/363/EEC and 90/642/EEC in order to assess the total dietary exposure and should,

>Text following EP vote>

- analyze infringements of the maximum residue levels,

- analyze the average real levels of residue and their relative value with respect to the maximum residue levels,

- assess the average level of dietary intake of pesticide residues and their relative value with respect to daily food intake.

The Commission shall communicate this information to the Member States in the framework of the Standing Committee on Plant Health together with any appropriate recommendations for consequent action if necessary.

(Amendment 39)

ARTICLE 4(5)

Article 5b(1) and (2) (Directive 90/642/EEC)

>Original text>

1. For the purposes of this Aticle a Member State of origin is defined as the Member State on which territory a product specified in Article 1(1), first subparagraph, is legally produced or commercialized and a destination Member State is defined as the Member State into which territory such product is introduced and put into circulation for operations other than transit to another Member State or third country.

>Text following EP vote>

1. For the purposes of this Article a Member State of origin is defined as the Member State on which territory a product specified in Article 1(1) is legally produced or commercialized and a destination Member State is defined as the Member State into which territory such product is introduced and put into circulation for operations other than transit to another Member State or third country.

>Original text>

2. Member States shall provide for a regime to enable the establishment of maximum residue levels for products referred to in Article 1(1), first subparagraph, introduced into their territories from a Member State of origin, and taking into account the good agricultural practice in the Member State of origin, in cases where no maximum residue levels have been established for these products in accordance with the provisions of Article 3(1) or 5a.

>Text following EP vote>

2. Member States shall provide for a regime to enable the establishment of maximum residue levels for products referred to in Article 1(1) introduced into their territories from a Member State of origin, and taking into account the good agricultural practice in the Member State of origin, in cases where no maximum residue levels have been established for these products in accordance with the provisions of Article 3 or 5a.

(Amendment 32)

ARTICLE 4(5)

Article 5b(3) introductory phrase and (1) (Directive 90/642/EEC)

>Original text>

3. Moreover in cases where no maximum residue levels have been established in accordance with the provisions of Article 3(1) or 5a, the following shall apply:

>Text following EP vote>

3. Moreover in cases where no maximum residue levels have been established in accordance with the provisions of Articles 3 or 5a, the following shall apply:

>Original text>

1. Where a product specified in Article 1(1), first subparagraph, satisfying the maximum residue levels applied by its Member State of origin, has been submitted in the destination Member State to measures with the effect to prohibit or submit to special restrictions the putting into circulation of the product concerned on the grounds that such product contains pesticide residue levels exceeding the maximum residue level accepted in the destination Member State, the destination Member State shall inform thereof the other Member State concerned and the Commission. In the communication the cases on which the information is based shall be documented.

>Text following EP vote>

1. Where a product specified in Article 1(1) satisfying the maximum residue levels applied by its Member State of origin, has been submitted in the destination Member State to measures intended to prohibit or submit to special restrictions the putting into circulation of the product concerned on the grounds that such product contains pesticide residue levels exceeding the maximum residue level accepted in the destination Member State, the destination Member State shall inform the other Member State concerned and the Commission thereof without delay. In the communication the cases on which the information is based shall be documented.

(Amendment 40)

ARTICLE 4(6)

Article 7 (Directive 90/642/EEC)

>Original text>

Amendments to Annexes I and II as a result of developments in scientific and technical knowledge shall be adopted in accordance with the procedure laid down in Article 9.

>Text following EP vote>

Amendments to Annexes I and II as a result of developments in scientific and technical knowledge shall be adopted in accordance with the procedure laid down in Article 9. In particular, when determining new maximum residue limits, account shall be taken of:

- a prognosis that dietary residue intake will be compatible with daily food intake, based on the residue data and the possible level of utilization of each pesticide,

- the number and quality of the data available, which must be proportional to the degree of toxicity of the pesticide and the volume of consumption of the plant product concerned or the size of the crop which may be affected.

(Amendment 41)

ARTICLE 4(7)

Article 10a (Directive 90/642/EEC)

>Original text>

The Member States shall bring into force laws, regulations and administrative provisions necessary to ensure that the amendments to Annex II resulting from decisions referred to in Articles 3(1) and (2), 5a, 5b, 7 and 8(3) can be implemented in their territory within a period of a maximum of four months from their adoption, and within a shorter implementation period when this is prescribed for reasons of human health protection.

>Text following EP vote>

The Member States shall bring into force laws, regulations and administrative provisions necessary to ensure that the amendments to Annex II resulting from decisions referred to in Articles 3(1) and (2), 5a, 5b, 7 and 8(3) can be implemented in their territory within a period of a maximum of four months from their adoption, and within a shorter implementation period when this is prescribed for reasons of human health protection. However, when the socio- economic and specific circumstances of a given product so warrant, and there is no risk to human health, the four-month deadline may be extended by means of a special reasoned authorization from the Standing Committee on Plant Health.

(Amendment 33)

ARTICLE 4a (new)

>Text following EP vote>

Article 4a

The Commission is requested to codify Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC by the end of 1998.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending 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, Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals, 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, and 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 (COM(95)0272 - C4-0284/95 - 95/0154(CNS))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0272 - 95/0154(CNS) ((OJ C 201, 5.8.1995, p. 8.)),

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0284/95),

- whereas the proposed legal basis is inappropriate; whereas reference should be made to Article 100a of the EC Treaty,

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Agriculture and Rural Development and the Committee on Legal Affairs and Citizens' Rights (A4-0251/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.