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Document 32022R0476
Commission Regulation (EU) 2022/476 of 24 March 2022 amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acetic acid, azoxystrobin, benzovindiflupyr, cyantraniliprole, cyflufenamid, emamectin, flutolanil, lime sulphur, maltodextrin and proquinazid in or on certain products (Text with EEA relevance)
Commission Regulation (EU) 2022/476 of 24 March 2022 amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acetic acid, azoxystrobin, benzovindiflupyr, cyantraniliprole, cyflufenamid, emamectin, flutolanil, lime sulphur, maltodextrin and proquinazid in or on certain products (Text with EEA relevance)
Commission Regulation (EU) 2022/476 of 24 March 2022 amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acetic acid, azoxystrobin, benzovindiflupyr, cyantraniliprole, cyflufenamid, emamectin, flutolanil, lime sulphur, maltodextrin and proquinazid in or on certain products (Text with EEA relevance)
C/2022/1719
OJ L 98, 25.3.2022, p. 9–37
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
25.3.2022 |
EN |
Official Journal of the European Union |
L 98/9 |
COMMISSION REGULATION (EU) 2022/476
of 24 March 2022
amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acetic acid, azoxystrobin, benzovindiflupyr, cyantraniliprole, cyflufenamid, emamectin, flutolanil, lime sulphur, maltodextrin and proquinazid 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 5(1) and Article 14(1)(a) thereof,
Whereas:
(1) |
For azoxystrobin, benzovindiflupyr, cyantraniliprole, cyflufenamid, flutolanil and proquinazid maximum residue levels (‘MRLs’) were set in Annex II to Regulation (EC) No 396/2005. For emamectin, MRLs were set in Part A of Annex III to that Regulation. Acetic acid, lime sulphur and maltodextrin are included in Annex IV to Regulation (EC) No 396/2005. |
(2) |
In the context of a procedure for the authorisation of the use of a plant protection product containing the active substance benzovindiflupyr on ‘herbs and edible flowers’, spring onions/green onions, Welsh onions and leeks, two applications pursuant to Article 6(1) of Regulation (EC) No 396/2005 requesting a modification of the existing MRLs were submitted. |
(3) |
As regards cyantraniliprole, an application pursuant to Article 6(1) of Regulation (EC) No 396/2005 requesting a modification of the existing MRLs was submitted for table olives and olives for oil production. As regards cyflufenamid, such an application was submitted for blackberries and raspberries (red and yellow). As regards emamectin, such an application was submitted for pome fruits, apricots, cherries (sweet), ‘spinaches and similar leaves’ and ‘herbal infusions from leaves and herbs’. As regards proquinazid, such an application was submitted for blueberries and cranberries. |
(4) |
As regards azoxystrobin, two applications for import tolerances pursuant to Article 6(2) and (4) of Regulation (EC) No 396/2005 were submitted as regards the use of that substance in Brazil on mangoes and in Colombia on oil palms fruits as well as regards the use of flutolanil in the United States on peanuts/groundnuts. The applicants stated that the authorised uses of those substances on these crops in those countries lead to residues exceeding the MRLs contained in Regulation (EC) No 396/2005 and that higher MRLs are necessary to avoid trade barriers for the importation of those crops. |
(5) |
In accordance with Article 8 of Regulation (EC) No 396/2005, all applications mentioned above were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission. |
(6) |
The European Food Safety Authority (‘the Authority’) assessed the applications and the evaluation reports, examining in particular the risks to consumers and, where relevant, to animals, and gave reasoned opinions on the proposed MRLs (2). It forwarded those opinions to the applicants, the Commission and the Member States and made them available to the public. |
(7) |
As regards emamectin, the Authority concluded that for ‘pome fruits’ the submitted data was insufficient to set new MRLs. As regards all other applications, the Authority concluded that all requirements with respect to completeness of data submission were met, and that the modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. The Authority took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to these substances via consumption of all food products that may contain them, nor the short-term exposure due to high consumption of the relevant products showed that there is a risk that the acceptable daily intake or the acute reference dose is exceeded. |
(8) |
Acetic acid, lime sulphur and maltodextrin were temporarily included in Annex IV to Regulation (EC) No 396/2005 pending the finalisation of their evaluation under Council Directive 91/414/EEC (3) or Regulation (EC) No 1107/2009 of the European Parliament and of the Council (4). The Authority evaluated those substances and concluded that no MRLs are required for acetic acid, lime sulphur and maltodextrin and that it is therefore appropriate to retain these substances in Annex IV to Regulation (EC) No 396/2005 permanently (5). |
(9) |
Based on the reasoned opinions and the conclusion of the Authority and taking into account the factors relevant to the matter under consideration, the modifications to the MRLs proposed by this Regulation fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
(10) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
(11) |
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, III and IV to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 2022.
For the Commission
The President
Ursula VON DER LEYEN
(2) EFSA scientific reports available online: http://www.efsa.europa.eu:
Reasoned opinion on the setting of import tolerances for azoxystrobin in mangoes and oil palm fruits. EFSA Journal 2021;19(8):6821.
Reasoned opinion on the modification of the existing maximum residue levels for benzovindiflupyr in fresh herbs and edible flowers. EFSA Journal 2021;19(9):6839.
Reasoned opinion on the modification of the existing maximum residue levels for benzovindiflupyr leeks and spring onions/green onions/Welsh onions. EFSA Journal 2021;19(7):6774.
Reasoned opinion on the modification of the existing maximum residue levels for cyantraniliprole in olives. EFSA Journal 2021;19(8):6805.
Reasoned opinion on the modification of the existing maximum residue levels for cyflufenamid in blackberries and raspberries. EFSA Journal 2021;19(8):6831.
Reasoned opinion on the modification of the existing maximum residue levels for emamectin in various crops. EFSA Journal 2021;19(8):6824.
Reasoned opinion on the setting of import tolerance for flutolanil in peanuts. EFSA Journal 2021;19(8):6717.
Reasoned opinion on the modification of the existing maximum residue levels for proquinazid in blueberries and cranberries. EFSA Journal 2021;19(9):6835.
(3) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
(4) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(5) Statement on pesticide active substances that do not require a review of the existing maximum residue levels under Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020;18(12):6318.
ANNEX
Annexes II, III and IV to Regulation (EC) No 396/2005 are amended as follows:
(1) |
in Annex II, the columns for azoxystrobin, benzovindiflupyr, cyantraniliprole, cyflufenamid, flutolanil and proquinazid are replaced by the following: “Pesticide residues and maximum residue levels (mg/kg)
|
(2) |
in Part A of Annex III, the column for emamectin is replaced by the following: “Pesticide residues and maximum residue levels (mg/kg)
|
(3) |
in Annex IV, the entries for ‘acetic acid (1)’, ‘lime sulphur (1)’ and ‘maltodextrin (1)’ are replaced by ‘acetic acid’, ‘lime sulphur’ and ‘maltodextrin’, respectively. |
(*1) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I
(*2) Indicates lower limit of analytical determination
(2) For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I”