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Document 32020R0785
Commission Regulation (EU) 2020/785 of 9 June 2020 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chromafenozide, fluometuron, pencycuron, sedaxane, tau-fluvalinate and triazoxide in or on certain products (Text with EEA relevance)
Commission Regulation (EU) 2020/785 of 9 June 2020 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chromafenozide, fluometuron, pencycuron, sedaxane, tau-fluvalinate and triazoxide in or on certain products (Text with EEA relevance)
Commission Regulation (EU) 2020/785 of 9 June 2020 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chromafenozide, fluometuron, pencycuron, sedaxane, tau-fluvalinate and triazoxide in or on certain products (Text with EEA relevance)
C/2020/3606
OJ L 190, 16.6.2020, p. 1–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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16.6.2020 |
EN |
Official Journal of the European Union |
L 190/1 |
COMMISSION REGULATION (EU) 2020/785
of 9 June 2020
amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chromafenozide, fluometuron, pencycuron, sedaxane, tau-fluvalinate and triazoxide in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Article 49(2) thereof,
Whereas:
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(1) |
For chromafenozide, fluometuron, pencycuron, sedaxane and tau-fluvalinate maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. For triazoxide no MRLs were set in Regulation (EC) No 396/2005 and as this active substance is not included in Annex IV to that Regulation, the default value of 0,01 mg/kg laid down in Article 18(1)(b) of that Regulation applies. |
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(2) |
For chromafenozide the European Food Safety Authority (‘the Authority’), submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). No uses are authorised and no import tolerances exist for chromafenozide in the Union. The Authority concluded that setting the MRL at the Limit of Determination (LOD) would provide a satisfactory level of protection for consumers in the Union. Therefore, MRLs should be set in Annex II to Regulation (EC) No 396/2005 at the specific LOD. |
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(3) |
For fluometuron the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (3). It recommended keeping the existing MRL for cotton seeds. No other authorisations exist for this substance. As there is no risk for consumers, the MRL for that product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level. |
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(4) |
For pencycuron the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). It proposed to change the residue definition and concluded that concerning the MRLs for all commodities some information was not available and that further consideration by risk managers was required. As a risk for consumers cannot be excluded, MRLs should be set in Annex II to Regulation (EC) No 396/2005 at the specific LOD. |
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(5) |
For sedaxane the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (5). It proposed to change the residue definition and recommended keeping the existing MRLs. As there is no risk for consumers, MRLs should be set in Annex II to Regulation (EC) No 396/2005 at the existing level. |
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(6) |
For tau-fluvalinate the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (6). It proposed to change the residue definition and recommended lowering the MRLs for cherries (sweet), strawberries, beetroots, carrots, broccoli, beans (without pods), peas (without pods), sesame seeds, rapeseeds/canola seeds, cotton seeds, barley, oats, swine (muscle, fat, kidney), kidney (bovine, sheep, goat, equine), milk (cattle, sheep, goat, horse). For other products, the Authority recommended raising or keeping the existing MRLs. As there is no risk for consumers, the MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. It concluded that concerning the MRLs for cucumbers, poultry fat and poultry edible offals (other than liver and kidney) some information was not available and that further consideration by risk managers was required. These MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
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(7) |
For triazoxide the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (7). It recommended lowering the MRLs for barley, oats, rye and wheat. No other authorisations exist for this substance. As there is no risk for consumers, the MRLs for those products should be set in Annex II to Regulation (EC) No 396/2005 at the specific LOD or the level identified by the Authority. |
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(8) |
As regards products on which the use of the plant protection product concerned is not authorised, and for which no import tolerances or Codex maximum residue limits (CXLs) exist, MRLs should be set at the specific LOD or the default MRL should apply, as provided for in Article 18(1)(b) of Regulation (EC) No 396/2005. |
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(9) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain limits of determination. As regards several substances, those laboratories concluded that for certain commodities technical development requires the setting of specific limits of determination. |
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(10) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
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(11) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
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(12) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(13) |
In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained. |
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(14) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
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(15) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced in the Union or imported into the Union before 6 January 2021.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 6 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 2020.
For the Commission
The President
Ursula VON DER LEYEN
(2) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for chromafenozide according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2019;17(1):5533.
(3) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for fluometuron according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2019;17(1):5560.
(4) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for pencycuron according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2018;16(12):5518.
(5) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for sedaxane according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2019;17(1):5544.
(6) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for tau-fluvalinate according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2018;16(11):5475.
(7) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for triazoxide according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2019;17(1):5525.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
in Annex II, the following columns for chromafenozide, fluometuron, pencycuron, sedaxane, tau-fluvalinate and triazoxide are added: ‘ Pesticide residues and maximum residue levels (mg/kg)
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(2) |
in Part A of Annex III, the columns for chromafenozide, fluometuron, pencycuron, sedaxane and tau-fluvalinate are deleted. |