Commission Regulation (EU) 2015/2075 of 18 November 2015 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 abamectin, desmedipham, dichlorprop-P, haloxyfop-P, oryzalin and phenmedipham in or on certain products (Text with EEA relevance)

COMMISSION REGULATION (EU) 2015/2075

of 18 November 2015

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 abamectin, desmedipham, dichlorprop-P, haloxyfop-P, oryzalin and phenmedipham 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,

(1) For dichlorprop-P, haloxyfop-P and oryzalin, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. For abamectin, desmedipham and phenmedipham, MRLs were set in Annex II and Part B of Annex III to that Regulation.

(2) For abamectin, 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 (²). It proposed to change the residue definition and recommended lowering the MRLs for bovine muscle and kidney. For other products it recommended raising or keeping the existing MRLs. It concluded that concerning the MRLs for citrus fruits, almonds, hazelnuts, walnuts, apples, pears, quinces, medlar, loquat, peaches, plums, table grapes, wine grapes, strawberries, blackberries, raspberries, currants (red, black and white), gooseberries, papaya, potatoes, radishes, garlic, onions, shallots, spring onions, tomatoes, peppers, aubergines, cucumbers, gherkins, courgettes, melons, pumpkins, watermelons, Chinese cabbage, lamb's lettuce, lettuce, scarole, rocket, leaves and sprouts of brassica, witloof, chervil, chives, celery leaves, parsley, sage, rosemary, thyme, basil, bay leaves, tarragon, beans (fresh, with pods), peas (fresh, with pods) and leek 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 concluded that concerning the MRLs for cherries, avocados, peas (fresh, without pods) and globe artichokes no information was available and that for cress and celery the information available was insufficient to derive a tentative MRL and that further consideration by risk managers was required. The MRLs for these products should be set at the specific limit of determination. Taking into account additional information on the good agricultural practice provided by France after publication of the reasoned opinion and as there is no risk for consumers, the MRL for apricots should be set in Annex II to Regulation (EC) No 396/2005 at the existing level.

(3) For desmedipham, 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 (³). It concluded that concerning the MRLs for beetroot, beet leaves, sugar beet (root), swine muscle, fat, liver and kidney, bovine muscle, fat, liver and kidney, sheep muscle, fat, liver and kidney, goat muscle, fat, liver and kidney 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 dichlorprop-P, 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 (⁴). It proposed to change the residue definition. It recommended lowering the MRLs for apples, pears, cherries, plums, barley grain, oats grain, rye grain and wheat grain. For oranges it recommended raising the existing MRL. It concluded that concerning the MRLs for swine muscle, fat, liver and kidney, bovine muscle, fat, liver and kidney, sheep muscle, fat, liver and kidney, goat muscle, fat, liver and kidney, cattle milk, sheep milk and goat 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.

(5) For haloxyfop-P, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (⁵). It proposed to change the residue definition. It concluded that concerning the MRLs for carrots, onions, beans (dry), peas (dry), sunflower seed, sugar beet (root), swine muscle, fat, liver and kidney, bovine muscle, fat, liver and kidney, sheep muscle, fat, liver and kidney, goat muscle, fat, liver and kidney, poultry muscle, fat and liver, cattle milk, sheep milk, goat milk 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. The Authority concluded that concerning the MRLs for spring onions and rape seed the information available was insufficient to derive a tentative MRL and that further consideration by risk managers was required. The MRL for spring onions should be set at the specific limit of determination. Taking into account additional information on the good agricultural practice provided by Australia after publication of the reasoned opinion and as there is no risk for consumers, the MRL for rape seed should be set in Annex II to Regulation (EC) No 396/2005 at the existing level. 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 oryzalin, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (⁶). It recommended lowering the MRL for table grapes. For other products it recommended keeping the existing MRL. It concluded that concerning the MRLs for kiwi and asparagus 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 concluded that concerning the MRL for banana the information available was insufficient to derive a tentative MRL and that further consideration by risk managers was required. The MRL for this product should be set at the specific limit of determination.

(7) For phenmedipham, 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 proposed to change the residue definition. The Authority concluded that concerning the MRLs for strawberries, beetroot, spinach, beet leaves, chervil, chives, celery leaves, parsley, sage, rosemary, thyme, basil, bay leaves and tarragon 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 concluded that concerning the MRL for sugar beet (root) some information was not available and that further consideration by risk managers was required. Taking into account additional information on the residue trials provided by Finland after publication of the reasoned opinion, the MRL for sugar beet (root) should be set in Annex II to Regulation (EC) No 396/2005 at ‘0,05 (*) mg/kg’. This MRL will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. The Authority concluded that concerning the MRLs for swine muscle, fat, liver and kidney, bovine muscle, fat, liver and kidney, sheep muscle, fat, liver and kidney, goat muscle, fat, liver and kidney, cattle milk, sheep milk and goat milk, poultry muscle, fat and liver and birds' eggs the information available was not sufficient to derive a tentative MRL and that further consideration by risk managers was required. The MRLs for these products should be set at the specific limit of determination.

(8) 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 limit of determination or the default MRL should apply, as provided for in Article 18(1)(b) of Regulation (EC) No 396/2005.

(9) 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.

(10) 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.

(11) 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.

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

(13) 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.

(14) 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.

(15) 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 by 8 June 2016.

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 9 June 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:

(1)Annex II is amended as follows: (a)The columns for abamectin, desmedipham and phenmedipham are replaced by the following:

‘Pesticide residues and maximum residue levels (mg/kg) Code number Groups and examples of individual products to which the MRLs apply () Abamectin (sum of avermectin B1a, avermectin B1b and delta-8,9 isomer of avermectin B1a, expressed as avermectin B1a) (F) (R) Desmedipham Phenmedipham (1) (2) (3) (4) (5) 0100000 FRUITS, FRESH or FROZEN; TREE NUTS

0,01 (¹) 0110000 Citrus fruits 0,015 (+)

0,01 (¹) 0110010 Grapefruits 0110020 Oranges 0110030 Lemons 0110040 Limes 0110050 Mandarins 0110990 Others 0120000 Tree nuts

0,01 (¹) 0120010 Almonds 0,02 (+) 0120020 Brazil nuts 0,01 (¹) 0120030 Cashew nuts 0,01 (¹) 0120040 Chestnuts 0,01 (¹) 0120050 Coconuts 0,01 (¹) 0120060 Hazelnuts/cobnuts 0,02 (+) 0120070 Macadamias 0,01 (¹) 0120080 Pecans 0,01 (¹) 0120090 Pine nut kernels 0,01 (¹) 0120100 Pistachios 0,01 (¹) 0120110 Walnuts 0,02 (+) 0120990 Others 0,01 (¹) 0130000 Pome fruits 0,03 (+)

0,01 (¹) 0130010 Apples 0130020 Pears 0130030 Quinces 0130040 Medlars 0130050 Loquats/Japanese medlars 0130990 Others 0140000 Stone fruits

0,01 (¹) 0140010 Apricots 0,02 (+) 0140020 Cherries (sweet) 0,01 (¹) 0140030 Peaches 0,02 (+) 0140040 Plums 0,01 (¹) (+) 0140990 Others 0,01 (¹) 0150000 Berries and small fruits 0151000 (a) grapes 0,01 (¹) (+)

0,01 (¹) 0151010 Table grapes 0151020 Wine grapes 0152000 (b) strawberries 0,15 (+)

0,3 (+) 0153000 (c) cane fruits

0,01 (¹) 0153010 Blackberries 0,08 (+) 0153020 Dewberries 0,01 (¹) 0153030 Raspberries (red and yellow) 0,08 (+) 0153990 Others 0,01 (¹) 0154000 (d) other small fruits and berries 0,01 (¹)

0,01 (¹) 0154010 Blueberries 0154020 Cranberries 0154030 Currants (black, red and white) (+) 0154040 Gooseberries (green, red and yellow) (+) 0154050 Rose hips 0154060 Mulberries (black and white) 0154070 Azaroles/Mediterranean medlars 0154080 Elderberries 0154990 Others 0160000 Miscellaneous fruits with

0,01 (¹) 0161000 (a) edible peel 0,01 (¹) 0161010 Dates 0161020 Figs 0161030 Table olives 0161040 Kumquats 0161050 Carambolas 0161060 Kaki/Japanese persimmons 0161070 Jambuls/jambolans 0161990 Others 0162000 (b) inedible peel, small 0,01 (¹) 0162010 Kiwi fruits (green, red, yellow) 0162020 Litchis/lychees 0162030 Passionfruits/maracujas 0162040 Prickly pears/cactus fruits 0162050 Star apples/cainitos 0162060 American persimmons/Virginia kaki 0162990 Others 0163000 (c) inedible peel, large 0163010 Avocados 0,01 (¹) 0163020 Bananas 0,01 (¹) 0163030 Mangoes 0,01 (¹) 0163040 Papayas 0,03 (+) 0163050 Granate apples/pomegranates 0,01 (¹) 0163060 Cherimoyas 0,01 (¹) 0163070 Guavas 0,01 (¹) 0163080 Pineapples 0,01 (¹) 0163090 Breadfruits 0,01 (¹) 0163100 Durians 0,01 (¹) 0163110 Soursops/guanabanas 0,01 (¹) 0163990 Others 0,01 (¹) 0200000 VEGETABLES, FRESH or FROZEN 0210000 Root and tuber vegetables 0,01 (¹) 0211000 (a) potatoes (+) 0,01 (¹) 0,01 (¹) 0212000 (b) tropical root and tuber vegetables

0,01 (¹) 0,01 (¹) 0212010 Cassava roots/manioc 0212020 Sweet potatoes 0212030 Yams 0212040 Arrowroots 0212990 Others 0213000 (c) other root and tuber vegetables except sugar beets 0213010 Beetroots

0,05 (¹) (+) 0,15 (+) 0213020 Carrots

0,01 (¹) 0,01 (¹) 0213030 Celeriacs/turnip rooted celeries

0,01 (¹) 0,01 (¹) 0213040 Horseradishes

0,01 (¹) 0,01 (¹) 0213050 Jerusalem artichokes

0,01 (¹) 0,01 (¹) 0213060 Parsnips

0,01 (¹) 0,01 (¹) 0213070 Parsley roots/Hamburg roots parsley

0,01 (¹) 0,01 (¹) 0213080 Radishes (+) 0,01 (¹) 0,01 (¹) 0213090 Salsifies

0,01 (¹) 0,01 (¹) 0213100 Swedes/rutabagas

0,01 (¹) 0,01 (¹) 0213110 Turnips

0,01 (¹) 0,01 (¹) 0213990 Others

0,01 (¹) 0,01 (¹) 0220000 Bulb vegetables 0,01 (¹) 0,01 (¹) 0,01 (¹) 0220010 Garlic (+) 0220020 Onions (+) 0220030 Shallots (+) 0220040 Spring onions/green onions and Welsh onions (+) 0220990 Others 0230000 Fruiting vegetables