LegalizeCommission Regulation (EU) No 460/2011 of 12 May 2011 amending Annex III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards the maximum residue level for chlorantraniliprole (DPX E-2Y45) in or on carrots 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 18(4) thereof,
Whereas:
(1) For chlorantraniliprole (DPX E-2Y45) MRLs are set in Part A of Annex III to Regulation (EC) No 396/2005.
(2) In accordance with Article 8(4) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2), on 23 August 2010 France notified to the Commission the temporary authorisation of a plant protection product containing chlorantraniliprole (DPX E-2Y45) to be used on carrots to control carrot flies, a danger that was unforeseeable and could not be contained by any other means. Consequently, France has notified to the other Member States, the Commission and the European Food Safety Authority (hereinafter ‘the Authority’) in accordance with Article 18(4) of Regulation (EC) No 396/2005 that it has authorised the placing on the market in its territory of carrots containing pesticide residues higher than the applicable MRL. France also submitted an appropriate risk assessment concluding that such carrots do not constitute an unacceptable risk, in particular that the proposed increased residue level does not lead to a risk for any consumer.
(3) The Authority assessed the risk assessment submitted by France, examining in particular the risks to the consumer and where relevant to animals. The Authority gave a reasoned opinion on the proposed MRL (3). In this opinion the Authority found the proposed MRL acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups.
(4) Based on the reasoned opinion of the Authority and taking into account the factors relevant to the matter, it is considered that the proposed MRL fulfils the requirements of Article 18(4) of Regulation (EC) No 396/2005.
(5) Regulation (EC) No 396/2005 should therefore be amended accordingly.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 396/2005 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following 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, 12 May 2011.
For the Commission The President José Manuel BARROSO
(2) OJ L 230, 19.8.1991, p. 1.
(3) EFSA scientific report available on http://www.efsa.europa.eu:
Reasoned opinion of EFSA: Modification of the existing MRL for chloranthraniliprole in carrots. EFSA Journal 2010; 8(10): 1859. Published 11 October 2010. Adopted 8 October 2010.