ISSN 1977-0677 |
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Official Journal of the European Union |
L 202 |
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English edition |
Legislation |
Volume 65 |
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Corrigenda |
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(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/1 |
COMMISSION REGULATION (EU) 2022/1343
of 29 July 2022
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 acequinocyl, chlorantraniliprole and emamectin 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:
(1) |
For acequinocyl, chlorantraniliprole and emamectin, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. |
(2) |
For acequinocyl, the European Food Safety Authority (‘the Authority’) submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). For some products, the Authority recommended raising or keeping the existing MRLs. 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. The Authority further concluded that concerning the MRLs for grapefruits, oranges, lemons, limes, mandarins, hazelnuts/cobnuts, apples, pears, quinces, medlars, loquats/Japanese medlars, table and wine grapes, tomatoes, aubergines/eggplants, hops, swine (muscle, fat, liver, kidney), bovine (muscle, fat, liver, kidney, milk), equine (muscle, fat, liver, kidney, milk) some information was not available and that further consideration by risk managers was required. 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. These MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
(3) |
For chlorantraniliprole, 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 lowering the MRLs for almonds, Brazil nuts, cashew nuts, chestnuts, coconuts, hazelnuts/cobnuts, macadamias, pecans, pine nut kernels, pistachios, walnuts, apples, pears, quinces, medlars, loquats/Japanese medlars, sweet corn, cauliflowers, celeries, coffee beans and muscle (swine, bovine, sheep, goat and equine). For other products, it recommended raising or keeping the existing MRLs. 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. For kales, the Authority recommended to keep the existing MRL of 20 mg/kg. However, the Member States requested to raise the MRL for kales to 40 mg/kg, which is the codex maximum residue limit (CXL) for radish leaves, because radish leaves are currently classified in Part B of Annex II to Regulation (EC) No 396/2005 under the subgroup ‘Kales’. In 2015 when the CXL for radish leaves was introduced in the Union legislation, radish leaves were not explicitly mentioned in the Union legislation. Hence, they were considered to belong to the subgroup ‘Baby leaf crops (including brassica species)’ and not to the subgroup ‘Kales’. The Member States requested to follow the current classification. The Authority further concluded that concerning the MRLs for sweet peppers/bell peppers, melons, watermelons, grape leaves and similar species, peanuts/groundnuts, sunflower seeds and rapeseeds/canola seeds some information was not available and that further consideration by risk managers was required. 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. These MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
(4) |
For emamectin, 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 to emamectin B1a and its salts, expressed as emamectin B1a (free base). It recommended lowering the MRLs for plums, potatoes, cucumbers, gherkins, courgettes, melons, watermelons, broccoli, cauliflowers, Brussels sprouts, head cabbages, lamb’s lettuces/ corn salads, lettuces, cresses and other sprouts and shoots, land cresses, Roman rocket/ rucola, red mustards, baby leaf crops (including brassica species), chervil, chives, celery leaves, parsley, sage, rosemary, thyme, basil and edible flowers, laurel/bay leaves, tarragon, peas (without pods) and globe artichokes. For other products, the Authority recommended raising or keeping the existing MRLs. 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. The Authority further concluded that concerning the MRLs for oranges, lemons, mandarins, table and wine grapes, pumpkins, escarole/broad-leaved endives, cotton seeds, swine (muscle, fat, liver, kidney), bovine (muscle, fat, liver, kidney), sheep (muscle, fat, liver, kidney), goat (muscle, fat, liver, kidney), equine (muscle, fat, liver, kidney), other farmed terrestrial animals (muscle, fat, liver, kidney) and milk (cattle, sheep, goat, horse) some information was not available and that further consideration by risk managers was required. 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. These MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. The Authority also concluded that concerning the MRL for apricots some information was not available. An application pursuant to Article 6(1) of Regulation (EC) No 396/2005 requesting a modification of the existing MRLs was submitted among other products also for apricots. The Authority in its opinion (5) concluded that all requirements with respect to completeness of data submission were met, and that the modification to the MRL for apricots requested by the applicant was acceptable. This modification has been addressed in the Commission Regulation (EU) 2022/476 (6) and therefore the additional information for apricots is not needed. |
(5) |
Existing CXLs were taken into account in the reasoned opinions of the Authority. CXLs, which are safe for consumers in the Union, were considered for MRL setting. |
(6) |
As regards products on which the use of the plant protection product concerned is not authorised in the Union, and for which no import tolerances or CXLs exist, MRLs should be set at the specific limit of determination or the default MRL should apply, as provided for in Article 18(1)(b) of Regulation (EC) No 396/2005. |
(7) |
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. |
(8) |
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. |
(9) |
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. |
(10) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
(11) |
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. |
(12) |
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. |
(13) |
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 22 February 2023.
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 22 February 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 July 2022.
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 acequinocyl according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020; 18(1): 5983.
(3) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for chlorantraniliprole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020; 18(9): 6235.
(4) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for emamectin according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2019;17(8):5803.
(5) Reasoned opinion on the modification of the existing maximum residue levels for emamectin in various crops. EFSA Journal 2021;19(8):6824.
(6) 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 (OJ L 98, 25.3.2022, p. 9).
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
(1) |
in Annex II, the following columns for acequinocyl, chlorantraniliprole and emamectin are added: ‘Pesticide residues and maximum residue levels (mg/kg)
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(2) |
in Part A of Annex III, the columns for acequinocyl, chlorantraniliprole and emamectin are deleted. |
(*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
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/18 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1344
of 1 August 2022
laying down the technical specifications of data requirements for the topic 'ICT usage and e-commerce' for the reference year 2023, pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics, repealing 10 legal acts in the field of business statistics (1), and in particular Article 7(1) and Article 17(6) thereof,
Whereas:
(1) |
In order to produce pursuant to Annex II to Regulation (EU) 2019/2152 data on the topic ICT usage and e-commerce, listed in Annex I to that Regulation, based on comparable and harmonised data, and to ensure the correct implementation of the topic ICT usage and e-commerce by the Member States, the Commission is to specify the variables, measurement units, statistical population, classifications and breakdowns, as well as data transmission deadlines for that data. |
(2) |
Pursuant to point (a) of Article 17(4) of Regulation (EU) 2019/2152 Member States are required to provide quality and metadata reports for data transmitted under that Regulation. It is therefore necessary to establish the deadlines for submission of those reports. |
(3) |
The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
For the topic ICT usage and e-commerce, as referred to in Annex I to Regulation (EU) 2019/2152, Member States shall transmit to the Commission (Eurostat) the data for reference year 2023 in accordance with the Annex to this Regulation.
Article 2
1. The annual metadata report for reference year 2023 for the topic ICT usage and e-commerce shall be transmitted to the Commission (Eurostat) by 31 May 2023.
2. The annual quality report for the topic ICT usage and e-commerce for reference year 2023 shall be transmitted to the Commission (Eurostat) by 5 November 2023.
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2022.
For the Commission
The President
Ursula VON DER LEYEN
ANNEX
Technical specifications of data requirements for the topic ICT usage and e-commerce
Mandatory/ optional |
Scope (filter) |
Variable |
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Measurement unit |
Absolute figures, except for characteristics related to turnover in national currency (thousands) or percentage of (total) turnover |
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Statistical population |
Activity coverage: NACE Sections C to J, L to N and group 95.1 Size class coverage: Enterprises with 10 or more employees and self-employed persons. Enterprises with less than 10 employees and self-employed persons may be covered optionally |
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Breakdowns |
Activity breakdown for calculation of national aggregates:
for contribution to the European totals only
Size class of number of employees and self-employed persons: 10+, 10-49, 50-249, 250+; optional: 0-9, 0-1, 2-9 |
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Data transmission deadline |
5 October 2023 |
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/27 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1345
of 1 August 2022
laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to registration and approval of establishments keeping terrestrial animals and collecting, producing, processing or storing germinal products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 86(1) and (2) and Article 96(3) thereof,
Whereas:
(1) |
Regulation (EU) 2016/429 lays down rules for animal diseases that are transmissible to animals or humans, including rules on the registration and approval by the competent authority of establishments keeping terrestrial animals and collecting, producing, processing or storing germinal products. |
(2) |
Commission Delegated Regulation (EU) 2019/2035 (2) supplements Regulation (EU) 2016/429 by laying down detailed rules concerning the registers to be kept by the competent authority of registered and approved establishments keeping terrestrial animals and collecting, producing, processing or storing germinal products registered with it or approved by it. |
(3) |
More particularly, Article 18, point (d), of Delegated Regulation (EU) 2019/2035 provides that the competent authority is to include in its register of establishments of kept terrestrial animals and of hatcheries registered with it the address and geographical coordinates (latitude and longitude) of the location of the establishment. Furthermore, Article 18, point (h), of Delegated Regulation (EU) 2019/2035 provides that the competent authority is to include in that register information about the period during which animals or hatching eggs are kept on the establishment if it is not continuously occupied, including seasonal occupation or occupation during particular events. While Article 84(1), point (b), of Regulation (EU) 2016/429 provides that operators of establishments keeping terrestrial animals or collecting, producing, processing or storing germinal products are to provide the competent authority with certain information in order for their establishments to be registered, that information does not include all the detailed information required under Article 18, points (d) and (h), of Delegated Regulation (EU) 2019/2035. It is therefore appropriate to lay down a requirement for the operators of establishments of kept terrestrial animals and of hatcheries to provide such detailed information to the competent authority for the purpose of registration. |
(4) |
Similarly, Article 21, points (d) and (h), of Delegated Regulation (EU) 2019/2035 also provide that the competent authority is to include in its register of establishments approved by it the same detailed information required by Article 18, points (d) and (h), of that Delegated Regulation. While Article 96(1) of Regulation (EU) 2016/429 requires operators to provide the competent authority with certain information for the purposes of their application for approval of their establishment, that information does not include all the detailed information required under Article 21, points (d) and (h), of Delegated Regulation (EU) 2019/2035. It is therefore appropriate to lay down a requirement for the operators of establishments of kept terrestrial animals and of hatcheries to provide such detailed information to the competent authority for the purpose of approval. |
(5) |
In addition, Article 85 of Regulation (EU) 2016/429 provides that Member States may, by way of derogation from Article 84(1) of that Regulation, exempt from the registration requirement certain categories of establishments posing an insignificant risk to animal or public health. Such exemptions may only be granted if those categories of establishments are of a type falling under the rules laid down in an implementing act adopted in accordance with Article 86(2) of that Regulation. Rules concerning the types of establishments posing an insignificant risk that may be exempted by the Member States from the registration requirement in accordance with Article 85 should therefore be laid down. |
(6) |
Certain establishments, in particular those keeping ungulates cannot be considered as posing an insignificant risk, as referred to in Article 85 of Regulation (EU) 2016/429, due to a number of listed diseases that may be transmitted by ungulates and which may affect the animal health status of establishments or zones in that respect. Similarly, dogs, cats and ferrets kept on an establishment for breeding purposes cannot be considered as posing an insignificant risk, especially from a human health perspective. |
(7) |
The movement of animals, germinal products and products of animal origin constitutes an important risk factor for animal and human health. Establishments where movements take place, involving in particular movements to or from other Member States or third countries, should therefore not be considered as posing an insignificant risk. However, establishments where animals, germinal products or products of animal origin are kept with a certain continuity and the primary purpose is not the movement of those animals, germinal products or products of animal origin to or out of the establishment, can be considered as posing an insignificant risk, even if such movements could occur on an occasional basis. |
(8) |
Operators often keep terrestrial animals of several species on the same establishment. If a Member State exempts from the registration requirement certain categories of establishments posing an insignificant risk, as provided for in Article 85 of Regulation (EU) 2016/429, it is not proportionate to the risk involved to require operators to provide the information referred to in Article 84(1), point (b)(iii), regarding kept terrestrial animals for which the establishment could be exempted from the registration requirement in accordance with Article 3 of this Regulation as if those animals were the only animals kept on that establishment. |
(9) |
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
Subject matter and scope
This Regulation lays down rules concerning:
(a) |
the information to be provided by operators of establishments of kept terrestrial animals and of hatcheries for the purpose of the registration of their establishments, as provided for in Article 84(1) of Regulation (EU) 2016/429; |
(b) |
the types of establishments keeping terrestrial animals posing an insignificant risk that may be exempted by the Member States from the registration requirement in accordance with Article 85 of Regulation (EU) 2016/429; |
(c) |
the information to be provided by operators of establishments of kept terrestrial animals and of hatcheries in their application for approval of their establishment in accordance with Article 96(1) of Regulation (EU) 2016/429. |
Article 2
Information to be provided by operators for the purpose of the registration of their establishment
1. Operators of establishments of kept terrestrial animals and of hatcheries referred to in Article 84(1) of Regulation (EU) 2016/429 shall, in addition to the information referred to in Article 84(1), point (b), of that Regulation, before they commence such activities, provide the competent authority with the following information:
(a) |
the address and geographical coordinates (latitude and longitude) of the location of the establishment to be registered; |
(b) |
the period during which the kept terrestrial animals or hatching eggs are kept on the registered establishment if it is not continuously occupied, including seasonal occupation or occupation during particular events. |
2. Operators of establishments of kept terrestrial animals referred to in Article 84(1) of Regulation (EU) 2016/429 shall not be obliged to provide the competent authority with the information referred to in Article 84(1), point (b)(iii), of that Regulation, regarding kept terrestrial animals falling within the derogation used by the Member State in accordance with Article 3 of this Regulation.
Article 3
Types of establishments keeping terrestrial animals that may be exempted by the Member States from the registration requirement
1. Member States may exempt from the registration requirement establishments keeping terrestrial animals posing an insignificant risk, as provided for in Article 85 of Regulation (EU) 2016/429, if the following criteria are fulfilled:
(a) |
no ungulates are kept on the establishment; |
(b) |
no dogs, cats or ferrets are kept for breeding on the establishment; |
(c) |
the establishment is not involved in any movement of kept terrestrial animals, germinal products or products of animal origin to or from another Member State or third country; |
(d) |
the kept terrestrial animals, germinal products or products of animal origin on the establishment are not intended to be moved out of the establishment. |
2. Member States that exempt establishments in accordance with paragraph 1 may lay down additional criteria regarding limitations on the number of kept terrestrial animals that may be kept on such establishments and restrict the geographical location of those establishments, in particular in relation to their proximity to establishments registered or approved by the competent authority.
Article 4
Information to be provided by operators in their application for approval of their establishment
Operators of establishments of kept terrestrial animals and of hatcheries shall, for the purposes of their application for approval of their establishment as provided for in Article 94(1) and Article 95, point (a), of Regulation (EU) 2016/429, in addition to the information referred to in Article 96(1) of that Regulation, provide the competent authority with the following information:
(a) |
the address and geographical coordinates (latitude and longitude) of the location of the establishment to be approved; |
(b) |
the period during which animals or hatching eggs are kept on the approved establishment if it is not continuously occupied, including seasonal occupation or occupation during particular events. |
Article 5
Entry into force
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, 1 August 2022.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2019/2035 of 28 June 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs (OJ L 314, 5.12.2019, p. 115).
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/31 |
COMMISSION REGULATION (EU) 2022/1346
of 1 August 2022
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 1,4-dimethylnaphthalene, 8-hydroxyquinoline, pinoxaden and valifenalate 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:
(1) |
For 1,4-dimethylnaphthalene, 8-hydroxyquinoline, pinoxaden and valifenalate, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. |
(2) |
For 1,4-dimethylnaphthalene the European Food Safety Authority ("the Authority"), submitted a reasoned opinion on the existing MRLs to the Commission and the Member States in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). The Authority proposed to change the residue definition for products of animal origin. The Authority considered that, as 1,4-dimethylnaphthalene could naturally occur in plant products, setting MRLs for products of plant origin at the Limit of Determination (LOD) could be inappropriate. It concluded that sufficient monitoring data for plant products (except potatoes) and some information on potatoes and products of animal origin were not available, and that further consideration by risk managers was required. As there is no risk for consumers, all MRLs should be set in Annex II to Regulation (EC) No 396/2005. MRLs for products of plant origin (with the exception of potatoes) should be set based on currently available monitoring data. MRLs for potatoes and products of animal origin should be set at the levels identified by the Authority. All above-mentioned MRLs will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. |
(3) |
For 8-hydroxyquinoline the Authority submitted a reasoned opinion on the existing MRLs to the Commission and the Member States in accordance with Article 12(1) of Regulation (EC) No 396/2005 (3). The Authority concluded that, due to missing data, the consumer risk assessment performed is indicative and therefore proposed setting or maintaining all MRLs at the LOD. As there is no risk for consumers, MRLs should be set in Annex II to Regulation (EC) No 396/2005. |
(4) |
For pinoxaden the Authority submitted a reasoned opinion on the existing MRLs to the Commission and the Member States in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). It proposed to change the residue definition. It recommended lowering the MRLs for barley, rye, and wheat. The Authority concluded that concerning the MRLs for products of animal origin, some information was not available and that further consideration by risk managers was required. The MRLs for products of animal origin will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, MRLs should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. |
(5) |
For valifenalate the Authority submitted a reasoned opinion on the existing MRLs to the Commission and the Member States in accordance with Article 12(1) of Regulation (EC) No 396/2005 (5). It proposed to change the residue definition for products of animal origin. It recommended lowering MRLs for onions, shallots, and aubergines/eggplants. For other products, it recommended raising or keeping the existing MRLs. Concerning the MRL for tomatoes, the Authority concluded that some information was not available and that further consideration by risk managers was required. The MRL for tomatoes will be reviewed. The review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, this MRL should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. |
(6) |
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. |
(7) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LODs. For all the substances covered by this Regulation, those laboratories proposed product specific LODs that are analytically achievable. |
(8) |
The modifications of the MRLs proposed by this Regulation are based on the reasoned opinions of the Authority and take into account those factors listed in Article 14(2) of Regulation (EC) No 396/2005 that are relevant to each substance covered by this Regulation. |
(9) |
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. |
(10) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
(11) |
In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for transitory provisions 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. |
(12) |
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. |
(13) |
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 22 February 2023.
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 22 February 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2022.
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 1,4-dimethylnaphthalene according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021;19(5):6597.
(3) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for 8-hydroxyquinoline according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021;19(4):6566.
(4) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for pinoxaden according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021;19(3):6503.
(5) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for valifenalate according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021;19(5):6591.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
(1) |
in Annex II, the following columns for 1,4-dimethylnaphthalene, 8-hydroxyquinoline, pinoxaden and valifenalate are added: ‘Pesticide residues and maximum residue levels (mg/kg)
|
(2) |
in Part A of Annex III the columns for 1,4-dimethylnaphthalene, 8-hydroxyquinoline, pinoxaden and valifenalate are deleted. |
(*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
DECISIONS
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/53 |
COUNCIL DECISION (EU) 2022/1347
of 18 July 2022
appointing an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),
Having regard to the proposal of the German Government,
Whereas:
(1) |
Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly. |
(2) |
On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025. |
(3) |
An alternate member’s seat on the Committee of the Regions has become vacant following the end of the national mandate on the basis of which Ms Karin HALSCH was proposed for appointment. |
(4) |
The German Government has proposed Ms Melanie KÜHNEMANN-GRUNOW, representative of a regional body who holds a regional authority electoral mandate, Mitglied des Abgeordnetenhauses von Berlin (Member of the Berlin House of Representatives), as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025, |
HAS ADOPTED THIS DECISION:
Article 1
Ms Melanie KÜHNEMANN-GRUNOW, representative of a regional body who holds an electoral mandate, Mitglied des Abgeordnetenhauses von Berlin (Member of the Berlin House of Representatives), is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 18 July 2022.
For the Council
The President
Z. NEKULA
(1) OJ L 139, 27.5.2019, p. 13.
(2) Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/54 |
COUNCIL DECISION (EU) 2022/1348
of 18 July 2022
appointing two members and two alternate members, proposed by the Federal Republic of Germany, of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),
Having regard to the proposals of the German Government,
Whereas:
(1) |
Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly. |
(2) |
On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025. |
(3) |
Two members’ seats on the Committee of the Regions have become vacant following the end of the national mandate on the basis of which Ms Helma KUHN-THEIS and Ms Isolde RIES were proposed for appointment. |
(4) |
Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the national mandate on the basis of which Mr Roland THEIS and Mr Reiner ZIMMER were proposed for appointment. |
(5) |
The German Government has proposed the following representatives of local bodies who hold a local authority electoral mandate as members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025: Ms Helma KUHN-THEIS, Mitglied des Gemeinderates von Weiskirchen (Member of Weiskirchen Municipal Council), and Ms Isolde RIES, Bürgermeisterin des Saarbrücker Bezirks West (Mayor of West Saarbrücken District). |
(6) |
The German Government has proposed the following representatives of regional bodies who hold a regional authority electoral mandate as alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025: Mr Damhat SISAMCI, Mitglied des Landtages des Saarlandes (Member of Saarland Regional Parliament), and Mr Roland THEIS, Mitglied des Landtages des Saarlandes (Member of Saarland Regional Parliament), |
HAS ADOPTED THIS DECISION:
Article 1
The following representatives of regional or local bodies who hold an electoral mandate are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025:
(a) |
as members:
and |
(b) |
as alternate members:
|
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 18 July 2022.
For the Council
The President
Z. NEKULA
(1) OJ L 139, 27.5.2019, p. 13.
(2) Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/56 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/1349
of 26 July 2022
accepting a request submitted by Romania to Directive (EU) 2016/797 of the European Parliament and of the Council for non-application of point 7.4.2.1 of the Annex to Regulation (EU) 2016/919 to twenty vehicles LEMA
(notified under document C(2022) 5152)
(Only the Romanian text is authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (1), and in particular Article 7(4) thereof,
Whereas:
(1) |
On 6 January 2022, Romania submitted to the Commission a request for non-application of point 7.4.2.1 of the Annex to Commission Regulation (EU) 2016/919 (2) (the ‘request’), which provides for certain new vehicles to be equipped with on-board European Train Control System (‘ETCS’) Baseline 3, with regard to 20 new locomotives LEMA 6 000 kW manufactured. That request was submitted on the basis of Article 7(1), point (c) of Directive (EU) 2016/797. |
(2) |
On 25 February 2022, upon request from the Commission, the Romanian authorities provided further explanations to complete the request. |
(3) |
The information provided by the Romanian authorities enabled the Commission to carry out its analysis of the request. |
(4) |
Point 7.4.2.1 of the Annex to Regulation (EU) 2016/919 aims at facilitating the interoperability of the rolling stock in the European network by installing ETCS on-board. However, some areas of the Single European Railway Area drag behind schedule to roll out ETCS in their network. |
(5) |
The fleet of 20 locomotives referred to in the request is intended to operate in the Romanian network, where, currently, only 10 % of the network is equipped with trackside ETCS, while there is still a need for the class B system PZB to operate in the Romanian network. |
(6) |
Due to the impact of the COVID-19 pandemic, the manufacturing process of signalling systems is delayed and the signalling supplier is not expecting to have the ETCS baseline 3 prototype project ready before the end of 2022. The 20 vehicles would need to be retrofitted during 2023, until the end of that year. |
(7) |
The COVID-19 pandemic has impacted the development and certification process of the 20 new vehicles referred to in the request. The installation of ETCS Baseline 3 in the 20 locomotives referred to in the request would result in a further delay of 12 months for their availability and delivery. The lack of availability of the trains and the later need to retrofit the fleet from ETCS Baseline 2 to ETCS Baseline 3 would result in a considerable economic impact. |
(8) |
Nine of the locomotives referred to in the request are identified with numbers 91530480060-9, 91530480061-7, 91530480062-5, 91530480063-3, 91530480064-1, 91530480065-8, 91530480066-6, 91530480069-0 and 91530480070-8. Romanian authorities should provide the identification numbers of the other 11 locomotives at a later stage, upon their registration. |
(9) |
The manufacturer of the vehicles has committed to an engineering and installation plan to upgrade the vehicles subject of the request with on-board equipment of the new ETCS Baseline 3. According to the most recent time schedules supplied, the upgrade to ETCS Baseline 3 is expected to be completed by 31 December 2023. |
(10) |
The authorisation of the locomotives subject of the request, prior to the installation of the ETCS Baseline 3, will be valid only during the period of validity of this non-application decision. |
(11) |
Therefore, the Commission considers that the conditions laid down in Article 7(1)(c) and Article 7(4) of Directive (EU) 2016/797 are satisfied as regards the 20 vehicles subject of the request The request submitted by Romania for the non-application of point 7.4.2.1 of the Annex to Regulation (EU) 2016/919 to those vehicles until 31 December 2023 should therefore be accepted. |
(12) |
The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797, |
HAS ADOPTED THIS DECISION:
Article 1
The request submitted on 25 March 2021 to the Commission by Romania for non-application, until 31 December 2023, of point 7.4.2.1 of the Annex to Regulation (EU) 2016/919 to 20 new locomotives LEMA 6 000 kW, is accepted. The Romanian authorities shall inform the Commission of the identification numbers of the new locomotives, once those locomotives are registered in the Romanian network.
Article 2
Where the provisions of this Decision are applied to a vehicle authorisation of any of the 20 locomotives referred to in Article 1, that vehicle authorisation shall be valid until 31 December 2023.
Article 3
This Decision is addressed to Romania.
It shall apply until 31 December 2023.
Done at Brussels, 26 July 2022.
For the Commission
Adina VĂLEAN
Member of the Commission
(1) OJ L 138, 26.5.2016, p. 44.
(2) Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).
Corrigenda
2.8.2022 |
EN |
Official Journal of the European Union |
L 202/58 |
Corrigendum to Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
( Official Journal of the European Union L 111 of 8 April 2022 )
On page 42, in Annex XXIII, under the column ‘CN code’:
for:
‘3920 20’,
read:
‘3920 10’.