EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10145/2017 Rev. 2  
[…](2018) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
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 linuron in or on 
certain products  
(Text with EEA relevance)   EN 2  EN COMMISSION REGULATION (EU) …/…  
of XXX  
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 linuron in or on 
certain products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on th e 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 Counc il Directive 91/414/EEC1, and in particular 
Article 14(1)(a)  and Article 18(1)(b) , 
Whereas:  
(1) For linuron , maximum residue levels  (MRLs ) were set in Annex II and Part B of 
Annex  III to Regulation (EC) No  396/2005 . 
(2) Following an application for renewal of approval in accordance with Article 7(1) of 
Regulation (EC) No 1107/2009 of the European Parliament and of the Council2, the 
approval of active substance was not renewed  by Commissi on Implementing 
Regulation (EU)  2017/2443, which stipulates that all existi ng authorisations for plant 
protection products containing that active substance are to be withdrawn  by 
3 June 2018. It is therefore appropriate to delete the MRLs set out for this substance in 
Annex  II and Part  B of Annex III in accordance with A rticle 17  of Regulation (EC) 
No 396/2005 in conjunction with Article  14(1)(a) thereof . 
(3) In view of the non -approval of the active substance linuron, the MRLs for this 
substance should be set at the limit of determination (LOD) in accordance with 
Article  18 of Regulation (EC) No 396/2005. For the active substances for which all 
MRLs should be reduced to the relevant LOD, default values should be listed in 
Annex  V in accordance with Article  18(1)(b) of Regulation (EC) No  396/2005.  
(4) The Commission consulted the Eur opean Union reference laboratories as regards the 
need to adapt certain LODs. Those laboratories concluded that for certain commodities 
technical development permits the setting of lower LODs.  
                                                 
1 OJ L 70, 16.3.2005, p. 1.  
2 Regulation (EC) No 1107/2009 of the  European Parliament and of the Council of 21 October 2009 
concerning the placing of plant protection products on the market a nd repealing Council 
Directives  79/117/EEC and 91/414/EEC  (OJ L 309, 24.11.2009, p. 1 ). 
3 Commission Implementing Regulation (EU) 2017/244 of 10 February 2017 concerning the non -renewal 
of approval of the active substance linuron, in accordance with Regulation (EC) No 1107/2009 of the 
European Parliament and of the Council concerning the placing of plant protection products on the 
market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011  
(OJ L 36, 11.2.2017, p. 54 ). EN 3  EN (5) 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.  
(6) Regulation (EC) No  396/2005 should therefore be amended accordingly.  
(7) The measures provided for in this Regulation are in accordance with the opinion of the 
Standing C ommittee on Plants, Animals, Food and Feed,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Annex es II, III and V  to Regulation (EC) No 396/2005 are amended in accordance with 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 . 
It shall apply from [Office of Publication: please insert date 6 months after entry into force].  
This Regulation sh all be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER