EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10304/2017 rev.2  
[…](2017) XXX  draft  
  
COMMISSION REGULATION (EU) …/…  
of XXX  
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 chlorpyrifos, 
chlorpyrifos -methyl and triclopyr in or on certain products  
(Text with EEA relevance)   EN 2   EN COMMISSION REGULATION (EU) …/…  
of XXX  
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 chlorpyrifos, 
chlorpyrifos -methyl and triclopyr in or on certain products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSI ON, 
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/EEC1, and in particular 
Article  14(1)(a)  and Article  49(2) thereof,  
Whereas:  
(1) For chlorpyrifos and chlorpyrifos -methyl maximum residue levels (MRLs) were set in 
Annex  II and Part B of Annex  III to Reg ulation (EC) No  396/2005. For triclopyr 
MRLs were set in Part  A of Annex  III to that Regulation.  
(2) For chlorpyrifos , the European Food Safety Authority, hereinafter "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) thereof2. The 
Authority  identified a risk f or consumers concerning the MRL  for wine grapes . It is 
therefore appropriate to lower this  MRL. It recommended lowering the MRLs for 
quinces, med lars, apricots, cherries, pum pkins, sweet corn, broccoli, Brussels sprouts, 
kales, ko hlrabies, spinaches, coffee beans  and poultry liver. For other products, it 
recommended raising or keeping the existing MRLs. It  concluded that concerning the 
MRLs for almonds, h azelnuts/cobnuts , pecans, walnuts, apples, pears, table grapes, 
beetroots, radishes, garlic, shallots, s pring onions/green onions and Welsh onions , 
tomatoes, s weet peppers/bell peppers , aubergines/eggplants , Chinese cabbages/pe -tsai, 
lamb 's lettuces/corn salads, lettuces, e scaroles/broad -leaved  endives , Roman 
rocket/rucola , beans (with pods) , beans (without pods), p eas (with pods) , peas (without 
pods) , asparagus , globe artichokes , beans, peas, l upins/lupini beans , poppy seeds , 
sunflower seeds , rapeseeds/canola seeds , soyabeans , mustard seeds , cotton seeds , gold 
of pleasure seeds , olives for oil production , buckwheat and other pseudo -cereals , 
common millet/proso mille t, teas, spices  (seed, fruit, r oot and rhizome ), swine (muscle 
and fat ti ssue), bovine (muscle and fat tissue), sheep (muscle and fat tissue), goat 
(muscle and fat tissue), poultry (muscle and fat tissue) and milk (cattle, sheep and 
goat) , some information was not available and that further consideration by risk 
managers was re quired. 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 
                                                 
1 OJ L 70 , 16.3.2005 , p. 1. 
2 European Food Safety  Authority ; Review of the existing maximum residue levels for chlorpyrifos 
according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2017;15(3):4733.  EN 3   EN level or the level identified by the Authority. These MRLs will be reviewed; the 
review will take into account t he information available within two years from the 
publication of this Regulation.  
(3) For chlorpyrifos -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) thereof3. The Authority  proposed to change the residue 
definition to the sum of chlorpyrifos -methyl and desmethyl  chlorpyrifos -methyl  for 
cereals . It recommended lowering the MRLs for strawberries , currants (black, red and 
white) , kiwi, potatoes , maize/corn  and sorghum. For other products, it recommended 
raising or keeping the existing MRLs.  It concluded that concerning the MRLs for 
poppy seeds , rapeseeds/canola seeds , mustard seeds, cotton seed, g old of pleasure 
seeds , spices  (seed, frui t, root and rhizome ), barley, oat, rice, sorghum, swine (meat, 
fat, liver and kidney) ,  bovine (meat, fat, liver and kidney) , sheep (meat, fat, liver and 
kidney) , goat (meat, fat, liver and kidney) , poultry (meat, fat, liver and kidney) , milk 
(cattle, shee p and goat) and birds eggs, s ome 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 exis ting 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 triclopyr,  the Authority submitted a reasoned opinio n on the existing MRLs in 
accordance with Article  12(1) of Regulation (EC) No  396/20054. The Authority  
recommended lowering the MRLs for  swine (muscle, fat and kidney), bovine kidney, 
sheep kidney, goat kidney and milk (cattle, sheep and goat) . For other p roducts, it 
recommended raising or keeping the existing MRLs. It concluded that concerning the 
MRLs for  grapefruits, oranges, lemons, mandarins, apples, pears, apricots, peaches 
and rice  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 ide ntified 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) As regards products on which the use of the plant protection product concerned is n ot 
authorised, and for which no import tolerances or Codex maximum residue limits 
(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.  
(6) 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.  
(7) 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 requir ements of Article  14(2) of Regulation (EC) No  396/2005.  
                                                 
3 European Food Safety Authority ; Review of the existing maximum residue levels for chlorpyrifo s-
methyl according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2017;15(3):4734.  
4 European Food Safety Authority; Review of the existing maximum residue levels for triclopyr 
according to Article 12 of Regulation (EC) No 396/2005.  EFSA Journa l 2017;15(3):4735 . EN 4   EN (8) 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.  
(9) Regulation (EC) No  396/2005 should therefore be  amended accordingly.  
(10) 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. Because a risk to consumers 
cannot be excluded at the current MRL, the value for chlorpyrifos  of 0. 01mg/kg for 
wine grapes  should apply from the date of application of this Regulatio n. 
(11) 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 modifi cation of the MRLs.  
(12) 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 am ended in accordance with the 
Annex to this Regulation.  
Article 2  
As regards the active substances chlorpyrifos -methyl and triclopyr i n and on all products, 
Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall 
continue to ap ply to products which were produced before [ Office of Publications : please 
insert date 6 months after entry into force of this Regulation ]. 
As regards the active substance chlorpyrifos in  and on all products except wine grapes , 
Regulation (EC) No  396/2005 as it stood before being amended by this Regulation shall 
continue to apply to products which were produced before [ Office of Publications : please 
insert date 6 months after entry into force of this Regulation ]. 
Article 3  
This Regulation shall enter into f orce on the twentieth day following that of its publication in 
the Official Journal of the European Union .  
It shall apply from [Office of Publication: please insert date 6 months after entry into force] . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
Jean -Claude JUNCKER