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( 1 ) OJ NO C 159 , 12 . 7 . 1976 , P . 42 .

( 2 ) OPINION DELIVERED 1 JULY 1976 AND NOT YET PUBLISHED IN THE OFFICIAL JOURNAL .

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

( 4 ) OJ NO L 126 , 14 . 5 . 1976 , P . 31 .

( 5 ) OJ NO L 208 , 30 . 7 . 1974 , P . 25 .

COUNCIL DIRECTIVE OF 20 JULY 1976 AMENDING FOR THE TWELFTH 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 ( 76/629/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 ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,

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 ( 3 ) , AS LAST AMENDED BY DIRECTIVE 76/462/EEC ( 4 ) , PROVIDES FOR THE TEMPORARY USE OF THIABENDAZOLE AT A MAXIMUM LEVEL OF 6 MG/KG IN THE CASE OF CITRUS FRUIT AND 3 MG/KG IN THE CASE OF BANANAS ;

WHEREAS ON A TOXICOLOGICAL BASIS , THE USE OF THIABENDAZOLE ON THE SURFACE OF CITRUS FRUIT IN QUANTITIES LEADING TO RESIDUES OF 6 MG/KG IN THE WHOLE FRUIT IS TEMPORARILY ACCEPTABLE , BUT ALL USES OF THIABENDAZOLE LEADING TO ITS PRESENCE IN FOODSTUFFS SHOULD BE TAKEN INTO CONSIDERATION BEFORE TAKING A FINAL DECISION ;

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

WHEREAS THE TRANSITIONAL PERIOD PROVIDED FOR BY DIRECTIVE 74/394/EEC ( 5 ) SHOULD THEREFORE BE EXTENDED TO ALLOW TIME FOR AN OVERALL EXAMINATION OF THE SOURCES AND OF THE PRESENCE OF THIABENDAZOLE IN FOODSTUFFS , WITHOUT PREJUDICE TO THE POSSIBLE INCLUSION OF THIABENDAZOLE IN A SUBSEQUENT COMMUNITY SYSTEM ON THE TREATMENT OF FRUITS AND VEGETABLES ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

IN NO E 233 SUBPARAGRAPH ( C ) OF SECTION I OF THE ANNEX TO DIRECTIVE 64/54/EEC " 1 JULY 1976 " SHALL BE REPLACED BY " 1 JANUARY 1979 " .

ARTICLE 2

MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITH EFFECT FROM 1 JULY 1976 AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .

ARTICLE 3

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 20 JULY 1976 .

FOR THE COUNCIL

THE PRESIDENT

A . P . L . M . M . VAN DER STEE