Commission Regulation (EU) No 212/2013 of 11 March 2013 replacing Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards additions and modifications with respect to the products covered by that Annex 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 and on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 4 thereof,

Whereas:

(1) Several Member States have requested modifications and additions in Annex I to Regulation (EC) No 396/2005, in the column ‘Examples of related varieties or other products to which the same MRL applies’.

(2) Those additions are necessary in order to include in Annex I to Regulation (EC) No 396/2005 new fruits, vegetables and cereals which have become available on the market in the Member States.

(3) It is appropriate to add the following fruits, vegetables, cereals and animal products: Buddha’s hand, tangor, red date/Chinese date/Chinese jujube, tayberries, longan, langsat, salak, crosne, edible burdock, other bulb onions, other green onions, antroewa/white eggplant, sopropo/bitter melon, angled luffa/teroi, snake gourd, lauki, chayote, marrow (late variety), baby corn, mung bean sprouts, alfalfa sprouts, dandelion greens, kohlrabi leaves, tajer leaves, bitterblad/bitawiri, malabar nightshade, banana leaves, morning glory/Chinese convolvulus/water convolvulus/water spinach/kangkung, water clover, water mimosa, cilantro/stinking/long coriander/stink weed, leaves of root parsley, holy basil, sweet basil, hairy basil, lemon grass, pennywort, wild betel leaf, curry leaves, banana flower, guar beans, fresh soya beans, Indian/wild rice, borage leaves and stems, climbing wattle, fungus mycelium, purple viper’s bugloss/Canary flower, finger millet, pearl millet, Canary grass seeds, green pepper, deer and comb honey.

(4) For consistency it is appropriate to move wild game from the category ‘Other farm animals’ to ‘Other terrestrial animal products’, and edible flowers from the category ‘others’ to a category representing an example of a crop.

(5) In order to better apply rules on international taxonomical nomenclature it is appropriate to adapt the Latin names for pistachios, apples, cherries, strawberries, dewberries, blueberries, kumquats, potatoes, yams, beetroot, peppers, okra, broccoli, head cabbage, Chinese cabbage, kale, kohlrabi, scarole, rucola, leaves and sprouts of brassica, beet leaves, witloof, celery leaves, basil, palm hearts, sorghum, coffee beans, rose petals, jasmine flowers, lime (linden), rooibos leaves, dill, Sichuan pepper, cinnamon, turmeric, sugar beet and banana.

(6) Taking into account requests from interested parties and enforcement bodies and in view of the form in which the products occur on the market, some amendments should be made as regards the parts of the products to which the MRLs are to apply.

(7) It is appropriate to provide for such amendments as regards tea, cocoa beans, hops, kohlrabi and for products of animal origin.

(8) In the interest of clarity, it is appropriate to replace Annex I to Regulation (EC) No 396/2005.

(9) Regulation (EC) No 396/2005 should therefore be amended accordingly.

(10) 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 I to Regulation (EC) No 396/2005 is replaced by the text in 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.

Done at Brussels, 11 March 2013.

For the Commission The President José Manuel BARROSO

(1) OJ L 70, 16.3.2005, p. 1.