ISSN 1977-0677 |
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Official Journal of the European Union |
L 239 |
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English edition |
Legislation |
Volume 62 |
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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
17.9.2019 |
EN |
Official Journal of the European Union |
L 239/1 |
COMMISSION REGULATION (EU) 2019/1559
of 16 September 2019
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 cyflufenamid, fenbuconazole, fluquinconazole and tembotrione 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 cyflufenamid, fenbuconazole, fluquinconazole and tembotrione maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. |
(2) |
For cyflufenamid 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). It proposed to change the residue definition for commodities of animal origin. It recommended lowering the MRLs for gherkins and rye. For other products, it recommended raising or keeping the existing MRLs. It concluded that concerning the MRLs for maize/corn, common millet/proso millet, rice, sorghum, wheat, poultry (muscle, fat, liver) and birds' eggs 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 fenbuconazole the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (3). It proposed to change the residue definition. It recommended lowering the MRLs for grapefruit, oranges, almonds, Brazil nuts, cashew nuts, chestnuts, coconuts, hazelnuts/cobnuts, macadamias, pecans, pine nut kernels, pistachios, walnuts and blueberries. For other products, the Authority recommended raising or keeping the existing MRLs. It concluded that concerning the MRLs for apricots, peaches, plums, cucumbers, gherkins, courgettes, melons, pumpkins and watermelons 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 fluquinconazole the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). The Authority concluded that no uses or import tolerances are currently authorised for fluquinconazole in the Union and no codex maximum residue limits (CXLs) are available for that active substance. Residues of fluquinconazole are therefore not expected to occur in any plant commodity or in any animal product. As there is no risk for consumers, the MRLs for fluquinconazole should be set in Annex II to Regulation (EC) No 396/2005 at the specific limit of determination (LOD). |
(5) |
For tembotrione the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (5). It recommended lowering the MRLs for swine (liver, kidney), bovine (liver, kidney) and equine (liver, kidney). For other products, the Authority recommended raising or keeping the existing MRLs. It concluded that concerning the MRLs for sweet corn and fruit spices 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. |
(6) |
As regards products on which the use of the plant protection product concerned is not authorised, and for which no import tolerances or 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 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 7 April 2020,
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 7 April 2020,
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2019.
For the Commission
The President
Jean-Claude JUNCKER
(2) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for cyflufenamid according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2018;16(10):5416.
(3) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for fenbuconazole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2018;16(8):5399.
(4) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for fluquinconazole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2018;16(9):5409.
(5) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for tembotrione according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2018;16(9):5417.
ANNEX
Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:
(1) |
In Annex II the following columns for cyflufenamid, fenbuconazole, fluquinconazole and tembotrione are added: ‘Pesticide residues and maximum residue levels (mg/kg)
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(2) |
In Part A of Annex III the columns for cyflufenamid, fenbuconazole, fluquinconazole and tembotrione are deleted. |
(*1) Limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
DECISIONS
17.9.2019 |
EN |
Official Journal of the European Union |
L 239/16 |
COUNCIL DECISION (CFSP) 2019/1560
of 16 September 2019
amending Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 8 December 2008 the Council adopted Common Position 2008/944/CFSP (1), which updated and replaced the European Union Code of Conduct on Arms Exports adopted by the Council on 8 June 1998. |
(2) |
Since the adoption of Common Position 2008/944/CFSP, a number of developments at both Union and international level have resulted in new obligations and commitments for Member States. |
(3) |
On 24 December 2014 the Arms Trade Treaty (ATT), which regulates the international trade in conventional arms, entered into force. All Member States are States Parties to the ATT. The ATT aims to establish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms and to prevent and eradicate the illicit trade in conventional arms and prevent their diversion. |
(4) |
On 20 July 2015 the Council adopted conclusions relating to the review of Common Position 2008/944/CFSP and the implementation of the ATT, tasking the competent working group with reassessing the implementation of that Common Position and the fulfilment of its objectives in 2018. |
(5) |
On 25 September 2015 the United Nations General Assembly (UNGA) adopted the 2030 Agenda for Sustainable Development, which includes, inter alia, the goal of promoting peaceful and inclusive societies for sustainable development. |
(6) |
On 19 November 2018 the Council adopted the EU Strategy against illicit firearms, small arms and light weapons and their ammunition, which replaced the EU Strategy to combat illicit accumulation and trafficking of small arms and light weapons and their ammunition adopted by the European Council in 2005. Its purpose is to guide integrated, collective and coordinated European action to prevent and curb the illicit acquisition of small arms and light weapons (SALW) and their ammunition by terrorists, criminals and other unauthorised actors, and to promote accountability and responsibility with regard to the legal arms trade. |
(7) |
In accordance with the second subparagraph of Article 21(3) of the Treaty on European Union, the Union is required to ensure consistency between the different areas of its external action. In this respect, the Council takes note of, inter alia, Council Regulation (EC) No 428/2009 (2) and Regulations (EU) No 258/2012 (3) and (EU) 2019/125 (4) of the European Parliament and of the Council. |
(8) |
It is appropriate to strengthen the Union's export control policy for military technology and equipment by updating Common Position 2008/944/CFSP. |
(9) |
Common Position 2008/944/CFSP should therefore be amended, |
HAS ADOPTED THIS DECISION:
Article 1
Common Position 2008/944/CFSP is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
in Article 2, paragraph 1 is amended as follows:
|
(3) |
Article 6 is replaced by the following: ‘Article 6 Without prejudice to Council Regulation (EC) No 428/2009 (*1), the criteria in Article 2 of this Common Position and the consultation procedure provided for in Article 4 are also to apply to Member States in respect of dual-use goods and technology as specified in Annex I to Regulation (EC) No 428/2009 where there are serious grounds for believing that the end-user of such goods and technology will be the armed forces or internal security forces or similar entities in the recipient country. References in this Common Position to military technology or equipment shall be understood to include such goods and technology. (*1) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).’;" |
(4) |
Article 7 is replaced by the following: ‘Article 7 In order to maximise the effectiveness of this Common Position, Member States shall work within the framework of the CFSP to reinforce their cooperation and to promote their convergence in the field of exports of military technology and equipment, inter alia, by exchanging relevant information, including information on denial notifications and arms export policies, as well as by identifying possible measures to further increase convergence.’; |
(5) |
Article 8 is replaced by the following: ‘Article 8 1. By 30 June of each year, each Member State shall submit to the European External Action Service information for the preceding calendar year on its exports of military technology and equipment and on its implementation of this Common Position. 2. An EU Annual Report, based on contributions from all Member States, shall be submitted to the Council for adoption and made available to the public in the format of a narrative report and a searchable online database on the website of the European External Action Service. 3. In addition, each Member State which exports technology or equipment on the EU Common Military List shall publish a national report on its exports of military technology and equipment, the contents of which will be in accordance with national legislation, as applicable.’; |
(6) |
Article 13 is replaced by the following: ‘Article 13 The User's Guide to this Common Position, which is regularly reviewed, shall serve as guidance for the implementation of this Common Position.’; |
(7) |
Article 15 is replaced by the following: ‘Article 15 This Common Position shall be reviewed five years after the date of adoption of Council Decision (CFSP) 2019/1560 (*2). (*2) Council Decision (CFSP) 2019/1560 of 16 September 2019 amending Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment (OJ L 239, 17.9.2019, p. 16).’." |
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 16 September 2019.
For the Council
The President
T. TUPPURAINEN
(1) Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).
(2) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).
(3) Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1).
(4) Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 30, 31.1.2019, p. 1).