COMMISSION REGULATION (EU) No 1126/2014
of 17 October 2014
amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for asulam, cyanamide, dicloran, flumioxazin, flupyrsulfuron-methyl, picolinafen and propisochlor 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), Article 18(1)(b) and Article 49(2) thereof,
Whereas:
(1)
For asulam, cyanamide, dicloran and propisochlor, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. For flumioxazin, flupyrsulfuron-methyl and picolinafen, MRLs were set in Annex II and Part B of Annex III to that Regulation.
(2)
The non-inclusion of asulam in Annex I to Directive 91/414/EEC is provided for in Commission Implementing Regulation (EU) No 1045/2011 (2). All existing authorisations for plant protection products containing the active substance asulam have been revoked. In accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof the MRLs set out for that active substance in Annex III should therefore be deleted.
(3)
The non-inclusion of cyanamide in Annex I to Directive 91/414/EEC is provided for in Commission Decision 2008/745/EC (3). All existing authorisations for plant protection products containing the active substance cyanamide have been revoked. In accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof the MRLs set out for that active substance in Annex III should therefore be deleted.
(4)
The non-inclusion of dicloran in Annex I to Directive 91/414/EEC is provided for in Commission Implementing Decision 2011/329/EU (4). All existing authorisations for plant protection products containing the active substance dicloran have been revoked. In accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof the MRLs set out for this active substance in Annex III should therefore be deleted. This should not apply to those MRLs corresponding to CXLs based on uses in third countries, provided that they are acceptable with regard to consumer safety. Nor should it apply in cases where MRLs have been specifically set as import tolerances.
(5)
For dicloran, the European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (5). It identified concerning the CXLs for peaches, table grapes, wine grapes and carrots a risk for consumers. It is therefore appropriate to set these MRLs at the specific limit of determination or at the default MRL as set out in Article 18(1)(b) of Regulation (EC) No 396/2005. The Authority concluded that concerning the CXL for onions, some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. This MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation.
(6)
For flumioxazin, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (6). It recommended lowering the MRLs for apples, pears, stone fruits, potatoes, carrots, parsnips, peas (without pods), sunflower seed, soya bean, maize grain, oat grain, sorghum grain and wheat grain. For other products it recommended keeping the existing MRLs. It concluded that concerning the MRL for onions some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. This MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation.
(7)
For flupyrsulfuron-methyl, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (7). It concluded that concerning the MRLs for linseed, barley grain, wheat grain, oat grain and rye grain some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. As the availability of the missing information was reported by France, no footnote requesting the submission of this information will be added.
(8)
For picolinafen, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (8). It concluded that concerning the MRLs for barley grain, oats grain, rye grain, wheat grain, bovine meat, fat, liver and kidney; sheepmeat, fat, liver, kidney and milk; goatmeat, fat, liver, kidney and milk, and cattle 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 these 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.
(9)
The non-inclusion of propisochlor in Annex I to Directive 91/414/EEC is provided for in Commission Implementing Decision 2011/262/EU (9). All existing authorisations for plant protection products containing the active substance propisochlor have been revoked. In accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof the MRLs set out for this active substance in Annex III should therefore be deleted.
(10)
As regards products of plant and animal origin for which neither relevant authorisations or import tolerances were reported at Union level nor CXLs were available, the Authority concluded that further consideration by ris
