# Official Journal L 14/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 14 |
| | |
| English edition | Legislation | Volume 6119 January 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 14

English edition

Legislation

Volume 6119 January 2018

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2018/76 of 23 October 2017 on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius | 1 |
| | * | Commission Implementing Regulation (EU) 2018/77 of 15 January 2018 concerning the classification of certain goods in the Combined Nomenclature | 3 |
| | * | Commission Regulation (EU) 2018/78 of 16 January 2018 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 2-phenylphenol, bensulfuron-methyl, dimethachlor and lufenuron in or on certain products (
  1
  ) | 6 |
| | * | Commission Regulation (EU) 2018/79 of 18 January 2018 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (
  1
  ) | 31 |
| | | Commission Implementing Regulation (EU) 2018/80 of 18 January 2018 on the minimum selling price for skimmed milk powder for the 16th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080 | 35 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2018/76 of 23 October 2017 on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

1

*

Commission Implementing Regulation (EU) 2018/77 of 15 January 2018 concerning the classification of certain goods in the Combined Nomenclature

3

*

Commission Regulation (EU) 2018/78 of 16 January 2018 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 2-phenylphenol, bensulfuron-methyl, dimethachlor and lufenuron in or on certain products (
  1
  )

1

6

*

Commission Regulation (EU) 2018/79 of 18 January 2018 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (
  1
  )

1

31

Commission Implementing Regulation (EU) 2018/80 of 18 January 2018 on the minimum selling price for skimmed milk powder for the 16th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

35

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 19.1.2018 | EN | Official Journal of the European Union | L 14/1 |
| --- | --- | --- | --- |

19.1.2018

EN

Official Journal of the European Union

L 14/1

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COUNCIL REGULATION (EU) 2018/76

of 23 October 2017

on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 28 January 2014, the Council adopted Decision 2014/146/EU (1) on the conclusion of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (‘the Agreement’). |
| --- | --- |

(1)

On 28 January 2014, the Council adopted Decision 2014/146/EU (1) on the conclusion of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (‘the Agreement’).

| (2) | The first Protocol (2) to the Agreement set out, for a period of 3 years, the fishing opportunities granted to Union vessels in the fishing zone under the sovereignty or jurisdiction of the Republic of Mauritius (‘Mauritius’) and the financial contribution granted by the Union. The period of application of that Protocol expired on 27 January 2017. |
| --- | --- |

(2)

The first Protocol (2) to the Agreement set out, for a period of 3 years, the fishing opportunities granted to Union vessels in the fishing zone under the sovereignty or jurisdiction of the Republic of Mauritius (‘Mauritius’) and the financial contribution granted by the Union. The period of application of that Protocol expired on 27 January 2017.

| (3) | In accordance with Council Decision (EU) 2017/1960 (3), a new Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (‘the Protocol’) was signed on 8 December 2017. |
| --- | --- |

(3)

In accordance with Council Decision (EU) 2017/1960 (3), a new Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (‘the Protocol’) was signed on 8 December 2017.

| (4) | The method for allocating the fishing opportunities among the Member States should be defined for the entire period of application of the Protocol. |
| --- | --- |

(4)

The method for allocating the fishing opportunities among the Member States should be defined for the entire period of application of the Protocol.

| (5) | Article 10(1) of Council Regulation (EC) No 1006/2008 (4) provides that the Commission is to inform the Member States concerned if it appears that the number of fishing authorisations or the amount of fishing opportunities allocated to the Union under the Protocol are not fully utilised, and request them to confirm not making use of those fishing opportunities. The absence of a reply within a set deadline is to be considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities during the period in question. That deadline should be set. |
| --- | --- |

(5)

Article 10(1) of Council Regulation (EC) No 1006/2008 (4) provides that the Commission is to inform the Member States concerned if it appears that the number of fishing authorisations or the amount of fishing opportunities allocated to the Union under the Protocol are not fully utilised, and request them to confirm not making use of those fishing opportunities. The absence of a reply within a set deadline is to be considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities during the period in question. That deadline should be set.

| (6) | The Protocol will apply on a provisional basis from its date of signature, in order to ensure an expeditious start to fishing activities of Union vessels. This Regulation should therefore also apply from that date, |
| --- | --- |

(6)

The Protocol will apply on a provisional basis from its date of signature, in order to ensure an expeditious start to fishing activities of Union vessels. This Regulation should therefore also apply from that date,

HAS ADOPTED THIS REGULATION:

Article 1

(1)   The fishing opportunities established under the Protocol shall be allocated among the Member States as follows:

| (a) | tuna seiners:






  Spain: | 22 vessels |
| --- | --- | --- |
| France: | 16 vessels |
| Italy: | 2 vessels |

(a)

tuna seiners:

Spain:

22 vessels

France:

16 vessels

Italy:

2 vessels

| (b) | surface long-liners:






  Spain: | 12 vessels |
| --- | --- | --- |
| France: | 29 vessels |
| Portugal: | 4 vessels |

(b)

surface long-liners:

Spain:

12 vessels

France:

29 vessels

Portugal:

4 vessels

(2)   Regulation (EC) No 1006/2008 shall apply without prejudice to the Agreement and the Protocol.

(3)   If applications for fishing authorisations from the Member States referred to in paragraph 1 do not exhaust the fishing opportunities established by the Protocol, the Commission shall consider applications for fishing authorisations from any other Member State in accordance with Article 10 of Regulation (EC) No 1006/2008.

(4)   The deadline referred to in Article 10(1) of Regulation (EC) No 1006/2008 shall be set at 10 working days as from the date on which the Commission submits its request.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 8 December 2017.

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

Done at Luxembourg, 23 October 2017.

For the Council

The President

K. IVA

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(1)  Council Decision 2014/146/EU of 28 January 2014 on the conclusion of the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (OJ L 79, 18.3.2014, p. 2).

1

(2)  Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (OJ L 79, 18.3.2014, p. 9).

2

(3)  Council Decision (EU) 2017/1960 of 23 October 2017 on the signing, on behalf of the Union, and provisional application of a Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius (OJ L 279, 28.10.2017, p. 1).

3

(4)  Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).

4

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| 19.1.2018 | EN | Official Journal of the European Union | L 14/3 |
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19.1.2018

EN

Official Journal of the European Union

L 14/3

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COMMISSION IMPLEMENTING REGULATION (EU) 2018/77

of 15 January 2018

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

| (3) | Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
| --- | --- |

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

| (4) | It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at 3 months. |
| --- | --- |

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at 3 months.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of 3 months from the date of entry into force of this Regulation.

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.

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

Done at Brussels, 15 January 2018.

For the Commission,

On behalf of the President,

Stephen QUEST

Director-General

Directorate-General for Taxation and Customs Union

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(1)  
  OJ L 269, 10.10.2013, p. 1.

1

(2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

2

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ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| A cuboid textile article (so-called ‘mattress cover’) made of printed woven textile fabrics of man-made fibres (100 % polyester) which is a washable fabric, of a measurement of approximately 200 × 60 × 8 cm.
  The article has a zip closure along one of the long sides to enable a mattress to be inserted.
  On one of the long sides a textile handle is attached.
  See image (*1). | 6302 22 90 | Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6302 , 6302 22 and 6302 22 90 .
  The article is made of washable material and has a zip closure enabling the removal of the article from the mattress at any time, and is thus suitable for laundering (see also Harmonised System Explanatory Notes (HSEN) to heading 6302 , first paragraph). Consequently, it has the objective characteristics and properties of bedlinen.
  The article is therefore to be classified under CN code 6302 22 90 as ‘bedlinen, other than knitted or crocheted, of man-made fibres’. |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

A cuboid textile article (so-called ‘mattress cover’) made of printed woven textile fabrics of man-made fibres (100 % polyester) which is a washable fabric, of a measurement of approximately 200 × 60 × 8 cm.

The article has a zip closure along one of the long sides to enable a mattress to be inserted.

On one of the long sides a textile handle is attached.

See image (*1).

6302 22 90

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6302 , 6302 22 and 6302 22 90 .

The article is made of washable material and has a zip closure enabling the removal of the article from the mattress at any time, and is thus suitable for laundering (see also Harmonised System Explanatory Notes (HSEN) to heading 6302 , first paragraph). Consequently, it has the objective characteristics and properties of bedlinen.

The article is therefore to be classified under CN code 6302 22 90 as ‘bedlinen, other than knitted or crocheted, of man-made fibres’.

Image 1

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(*1)  The image is purely for information.

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| 19.1.2018 | EN | Official Journal of the European Union | L 14/6 |
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19.1.2018

EN

Official Journal of the European Union

L 14/6

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COMMISSION REGULATION (EU) 2018/78

of 16 January 2018

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 2-phenylphenol, bensulfuron-methyl, dimethachlor and lufenuron 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) and Article 49(2) thereof,

Whereas:

| (1) | For 2-phenylphenol maximum residue levels (MRLs) were set in Annex II to Regulation (EC) No 396/2005. For dimethachlor and lufenuron MRLs were set in Part A of Annex III to that Regulation. For bensulfuron-methyl MRLs were not yet set before. |
| --- | --- |

(1)

For 2-phenylphenol maximum residue levels (MRLs) were set in Annex II to Regulation (EC) No 396/2005. For dimethachlor and lufenuron MRLs were set in Part A of Annex III to that Regulation. For bensulfuron-methyl MRLs were not yet set before.

| (2) | For 2-phenylphenol the European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). It proposed to change the residue definition for plant products and recommended lowering the MRLs for muscle, fat, liver and kidney from swine, bovine and equine, and for milk from cattle and horse. It concluded that concerning the MRL for citrus, some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. As regards the MRL for pears the Codex maximum residue limit is safe for consumers. It is therefore appropriate to set the MRL for pears at the same level. |
| --- | --- |

(2)

For 2-phenylphenol the European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the review of the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). It proposed to change the residue definition for plant products and recommended lowering the MRLs for muscle, fat, liver and kidney from swine, bovine and equine, and for milk from cattle and horse. It concluded that concerning the MRL for citrus, some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRL for this product should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. As regards the MRL for pears the Codex maximum residue limit is safe for consumers. It is therefore appropriate to set the MRL for pears at the same level.

| (3) | For bensulfuron-methyl the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (3). It recommended raising or keeping the existing MRLs. |
| --- | --- |

(3)

For bensulfuron-methyl the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (3). It recommended raising or keeping the existing MRLs.

| (4) | For dimethachlor the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). It recommended raising or keeping the existing MRLs. |
| --- | --- |

(4)

For dimethachlor the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). It recommended raising or keeping the existing MRLs.

| (5) | For lufenuron 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 for all products and recommended lowering the MRLs for citrus fruits, pome fruits, cherries sweet, plums, table grapes, wine grapes, figs, kaki/Japanese persimmons, kiwi fruits, potatoes, tomatoes, sweet peppers/bell peppers, cucumbers, courgettes and soya bean. For other products it recommended raising or keeping the existing MRLs. It concluded that concerning the MRLs for apricot, peaches, strawberries, gherkins, lamb's lettuces/corn salads, lettuces, escaroles/broad leaved endives, cresses and other sprouts and shoots, land cresses, roman rocket/rucola, red mustards, baby leaf crops (including Brassica species), liver and kidney from swine, bovine, sheep, goat, equine and poultry liver, 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 lufenuron 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 for all products and recommended lowering the MRLs for citrus fruits, pome fruits, cherries sweet, plums, table grapes, wine grapes, figs, kaki/Japanese persimmons, kiwi fruits, potatoes, tomatoes, sweet peppers/bell peppers, cucumbers, courgettes and soya bean. For other products it recommended raising or keeping the existing MRLs. It concluded that concerning the MRLs for apricot, peaches, strawberries, gherkins, lamb's lettuces/corn salads, lettuces, escaroles/broad leaved endives, cresses and other sprouts and shoots, land cresses, roman rocket/rucola, red mustards, baby leaf crops (including Brassica species), liver and kidney from swine, bovine, sheep, goat, equine and poultry liver, 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.

| (6) | As regards products on which the use of the plant protection product concerned is not 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)

As regards products on which the use of the plant protection product concerned is not 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.

| (7) | 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)

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.

| (8) | 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. |
| --- | --- |

(8)

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.

| (9) | 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)

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.

| (10) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(10)

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

| (11) | 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. |
| --- | --- |

(11)

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.

| (12) | 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. |
| --- | --- |

(12)

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.

| (13) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(13)

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 lawfully produced before 8 August 2018.

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 8 August 2018.

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

Done at Brussels, 16 January 2018.

For the Commission

The President

Jean-Claude JUNCKER

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

1

(2)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for 2-phenylphenol according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2017;15(1):4696.

2

(3)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for bensulfuron-methyl according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2016;14(10):4596.

3

(4)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for dimethachlor according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2016;14(11):4632.

4

(5)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for lufenuron according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2017;15(1):4652.

5

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ANNEX

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

| (1) | Annex II is amended as follows:






  (a) | the column for 2-phenylphenol is 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 (a) | 2-phenylphenol (sum of 2-phenylphenol and its conjugates, expressed as 2-phenylphenol) (R) |
| --- | --- | --- | --- | --- |
| (1) | (2) | (3) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | |
| 0110000 | Citrus fruits | 10 |
| 0110010 | Grapefruits | |
| 0110020 | Oranges | |
| 0110030 | Lemons | |
| 0110040 | Limes | |
| 0110050 | Mandarins | |
| 0110990 | Others | |
| 0120000 | Tree nuts | 0,01
   (*1) |
| 0120010 | Almonds | |
| 0120020 | Brazil nuts | |
| 0120030 | Cashew nuts | |
| 0120040 | Chestnuts | |
| 0120050 | Coconuts | |
| 0120060 | Hazelnuts/cobnuts | |
| 0120070 | Macadamias | |
| 0120080 | Pecans | |
| 0120090 | Pine nut kernels | |
| 0120100 | Pistachios | |
| 0120110 | Walnuts | |
| 0120990 | Others | |
| 0130000 | Pome fruits | 0,01
   (*1) |
| 0130010 | Apples | 0,01
   (*1) |
| 0130020 | Pears | 20 |
| 0130030 | Quinces | 0,01
   (*1) |
| 0130040 | Medlars | 0,01
   (*1) |
| 0130050 | Loquats/Japanese medlars | 0,01
   (*1) |
| 0130990 | Others | 0,01
   (*1) |
| 0140000 | Stone fruits | 0,01
   (*1) |
| 0140010 | Apricots | |
| 0140020 | Cherries (sweet) | |
| 0140030 | Peaches | |
| 0140040 | Plums | |
| 0140990 | Others | |
| 0150000 | Berries and small fruits | 0,01
   (*1) |
| 0151000 | (a) | grapes |

(1)

Annex II is amended as follows:

(a)

the column for 2-phenylphenol is 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 (a)

2-phenylphenol (sum of 2-phenylphenol and its conjugates, expressed as 2-phenylphenol) (R)

(1)

(2)

(3)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0110000

Citrus fruits

10

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others

0120000

Tree nuts

0,01
   (*1)

0120010

Almonds

0120020

Brazil nuts

0120030

Cashew nuts

0120040

Chestnuts

0120050

Coconuts

0120060

Hazelnuts/cobnuts

0120070

Macadamias

0120080

Pecans

0120090

Pine nut kernels

0120100

Pistachios

0120110

Walnuts

0120990

Others

0130000

Pome fruits

0,01
   (*1)

0130010

Apples

0,01
   (*1)

0130020

Pears

20

0130030

Quinces

0,01
   (*1)

0130040

Medlars

0,01
   (*1)

0130050

Loquats/Japanese medlars

0,01
   (*1)

0130990

Others

0,01
   (*1)

0140000

Stone fruits

0,01
   (*1)

0140010

Apricots

0140020

Cherries (sweet)

0140030

Peaches

0140040

Plums

0140990

Others

0150000

Berries and small fruits

0,01
   (*1)

0151000

(a)

0151010

Table grapes

0151020

Wine grapes

0152000

| (b) | strawberries |
| --- | --- |

(b)

0153000

| (c) | cane fruits |
| --- | --- |

(c)

0153010

Blackberries

0153020

Dewberries

0153030

Raspberries (red and yellow)

0153990

Others

0154000

| (d) | other small fruits and berries |
| --- | --- |

(d)

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 |
| --- | --- |

(a)

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 |
| --- | --- |

(b)

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 |
| --- | --- |

(c)

0163010

Avocados

0163020

Bananas

0163030

Mangoes

0163040

Papayas

0163050

Granate apples/pomegranates

0163060

Cherimoyas

0163070

Guavas

0163080

Pineapples

0163090

Breadfruits

0163100

Durians

0163110

Soursops/guanabanas

0163990

Others

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0,01
   (*1)

0211000

| (a) | potatoes |
| --- | --- |

(a)

0212000

| (b) | tropical root and tuber vegetables |
| --- | --- |

(b)

0212010

Cassava roots/manioc

0212020

Sweet potatoes

0212030

Yams

0212040

Arrowroots

0212990

Others

0213000

| (c) | other root and tuber vegetables except sugar beets |
| --- | --- |

(c)

0213010

Beetroots

0213020

Carrots

0213030

Celeriacs/turnip rooted celeries

0213040

Horseradishes

0213050

Jerusalem artichokes

0213060

Parsnips

0213070

Parsley roots/Hamburg roots parsley

0213080

Radishes

0213090

Salsifies

0213100

Swedes/rutabagas

0213110

Turnips

0213990

Others

0220000

Bulb vegetables

0,01
   (*1)

0220010

Garlic

0220020

Onions

0220030

Shallots

0220040

Spring onions/green onions and Welsh onions

0220990

Others

0230000

Fruiting vegetables

0,01
   (*1)

0231000

| (a) | solanacea |
| --- | --- |

(a)

0231010

Tomatoes

0231020

Sweet peppers/bell peppers

0231030

Aubergines/eggplants

0231040

Okra/lady's fingers

0231990

Others

0232000

| (b) | cucurbits with edible peel |
| --- | --- |

(b)

0232010

Cucumbers

0232020

Gherkins

0232030

Courgettes

0232990

Others

0233000

| (c) | cucurbits with inedible peel |
| --- | --- |

(c)

0233010

Melons

0233020

Pumpkins

0233030

Watermelons

0233990

Others

0234000

| (d) | sweet corn |
| --- | --- |

(d)

0239000

| (e) | other fruiting vegetables |
| --- | --- |

(e)

0240000

Brassica vegetables (excluding brassica roots and brassica baby leaf crops)

0,01
   (*1)

0241000

| (a) | flowering brassica |
| --- | --- |

(a)

0241010

Broccoli

0241020

Cauliflowers

0241990

Others

0242000

| (b) | head brassica |
| --- | --- |

(b)

0242010

Brussels sprouts

0242020

Head cabbages

0242990

Others

0243000

| (c) | leafy brassica |
| --- | --- |

(c)

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others

0244000

| (d) | kohlrabies |
| --- | --- |

(d)

0250000

Leaf vegetables, herbs and edible flowers

0251000

| (a) | lettuces and salad plants |
| --- | --- |

(a)

0,01
   (*1)

0251010

Lamb's lettuces/corn salads

0251020

Lettuces

0251030

Escaroles/broad-leaved endives

0251040

Cresses and other sprouts and shoots

0251050

Land cresses

0251060

Roman rocket/rucola

0251070

Red mustards

0251080

Baby leaf crops (including brassica species)

0251990

Others

0252000

| (b) | spinaches and similar leaves |
| --- | --- |

(b)

0,01
   (*1)

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others

0253000

| (c) | grape leaves and similar species |
| --- | --- |

(c)

0,01
   (*1)

0254000

| (d) | watercresses |
| --- | --- |

(d)

0,01
   (*1)

0255000

| (e) | witloofs/Belgian endives |
| --- | --- |

(e)

0,01
   (*1)

0256000

| (f) | herbs and edible flowers |
| --- | --- |

(f)

0,02
   (*1)

0256010

Chervil

0256020

Chives

0256030

Celery leaves

0256040

Parsley

0256050

Sage

0256060

Rosemary

0256070

Thyme

0256080

Basil and edible flowers

0256090

Laurel/bay leave

0256100

Tarragon

0256990

Others

0260000

Legume vegetables

0,01
   (*1)

0260010

Beans (with pods)

0260020

Beans (without pods)

0260030

Peas (with pods)

0260040

Peas (without pods)

0260050

Lentils

0260990

Others

0270000

Stem vegetables

0,01
   (*1)

0270010

Asparagus

0270020

Cardoons

0270030

Celeries

0270040

Florence fennels

0270050

Globe artichokes

0270060

Leeks

0270070

Rhubarbs

0270080

Bamboo shoots

0270090

Palm hearts

0270990

Others

0280000

Fungi, mosses and lichens

0,01
   (*1)

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,01 (*1)

0300000

PULSES

0,02
   (*1)

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others

0400000

OILSEEDS AND OIL FRUITS

0,01
   (*1)

0401000

Oilseeds

0401010

Linseeds

0401020

Peanuts/groundnuts

0401030

Poppy seeds

0401040

Sesame seeds

0401050

Sunflower seeds

0401060

Rapeseeds/canola seeds

0401070

Soyabeans

0401080

Mustard seeds

0401090

Cotton seeds

0401100

Pumpkin seeds

0401110

Safflower seeds

0401120

Borage seeds

0401130

Gold of pleasure seeds

0401140

Hemp seeds

0401150

Castor beans

0401990

Others

0402000

Oil fruits

0402010

Olives for oil production

0402020

Oil palms kernels

0402030

Oil palms fruits

0402040

Kapok

0402990

Others

0500000

CEREALS

0,02
   (*1)

0500010

Barley

0500020

Buckwheat and other pseudo-cereals

0500030

Maize/corn

0500040

Common millet/proso millet

0500050

Oat

0500060

Rice

0500070

Rye

0500080

Sorghum

0500090

Wheat

0500990

Others

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0,05
   (*1)

0610000

Teas

0620000

Coffee beans

0630000

Herbal infusions from

0631000

| (a) | flowers |
| --- | --- |

(a)

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others

0632000

| (b) | leaves and herbs |
| --- | --- |

(b)

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others

0633000

| (c) | roots |
| --- | --- |

(c)

0633010

Valerian

0633020

Ginseng

0633990

Others

0639000

| (d) | any other parts of the plant |
| --- | --- |

(d)

0640000

Cocoa beans

0650000

Carobs/Saint John's breads

0700000

HOPS

0,05
   (*1)

0800000

SPICES

0810000

Seed spices

0,05
   (*1)

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others

0820000

Fruit spices

0,05
   (*1)

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others

0830000

Bark spices

0,05
   (*1)

0830010

Cinnamon

0830990

Others

0840000

Root and rhizome spices

0840010

Liquorice

0,05
   (*1)

0840020

Ginger

0,05
   (*1)

0840030

Turmeric/curcuma

0,05
   (*1)

0840040

Horseradish

(+)

0840990

Others

0,05
   (*1)

0850000

Bud spices

0,05
   (*1)

0850010

Cloves

0850020

Capers

0850990

Others

0860000

Flower pistil spices

0,05
   (*1)

0860010

Saffron

0860990

Others

0870000

Aril spices

0,05
   (*1)

0870010

Mace

0870990

Others

0900000

SUGAR PLANTS

0,01
   (*1)

0900010

Sugar beet roots

0900020

Sugar canes

0900030

Chicory roots

0900990

Others

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Tissues from

0,01
   (*1)

1011000

| (a) | swine |
| --- | --- |

(a)

1011010

Muscle

1011020

Fat tissue

1011030

Liver

1011040

Kidney

1011050

Edible offals (other than liver and kidney)

1011990

Others

1012000

| (b) | bovine |
| --- | --- |

(b)

1012010

Muscle

1012020

Fat tissue

1012030

Liver

1012040

Kidney

1012050

Edible offals (other than liver and kidney)

1012990

Others

1013000

| (c) | sheep |
| --- | --- |

(c)

1013010

Muscle

1013020

Fat tissue

1013030

Liver

1013040

Kidney

1013050

Edible offals (other than liver and kidney)

1013990

Others

1014000

| (d) | goat |
| --- | --- |

(d)

1014010

Muscle

1014020

Fat tissue

1014030

Liver

1014040

Kidney

1014050

Edible offals (other than liver and kidney)

1014990

Others

1015000

| (e) | equine |
| --- | --- |

(e)

1015010

Muscle

1015020

Fat tissue

1015030

Liver

1015040

Kidney

1015050

Edible offals (other than liver and kidney)

1015990

Others

1016000

| (f) | poultry |
| --- | --- |

(f)

1016010

Muscle

1016020

Fat tissue

1016030

Liver

1016040

Kidney

1016050

Edible offals (other than liver and kidney)

1016990

Others

1017000

| (g) | other farmed terrestrial animals |
| --- | --- |

(g)

1017010

Muscle

1017020

Fat tissue

1017030

Liver

1017040

Kidney

1017050

Edible offals (other than liver and kidney)

1017990

Others

1020000

Milk

0,01
   (*1)

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others

1030000

Birds eggs

0,01
   (*1)

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others

1040000

Honey and other apiculture products

0,05 (*1)

1050000

Amphibians and Reptiles

0,01
   (*1)

1060000

Terrestrial invertebrate animals

0,01
   (*1)

1070000

Wild terrestrial vertebrate animals

0,01
   (*1)

| (F) | = | Fat soluble |
| --- | --- | --- |

(F)

=

Fat soluble

2-phenylphenol (sum of 2-phenylphenol and its conjugates, expressed as 2-phenyphenol)

| (R) | = | The residue definition differs for the following combinations pesticide-code number:
  2-phenylphenol - code 100000 , except 1040000 : 2-phenylphenol |
| --- | --- | --- |

(R)

=

The residue definition differs for the following combinations pesticide-code number:

2-phenylphenol - code 100000 , except 1040000 : 2-phenylphenol

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish’ |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish’

| (b) | the following columns for bensulfuron-methyl, dimethachlor and lufenuron are added:

  ‘Pesticide residues and maximum residue levels (mg/kg)










  Code number | Groups and examples of individual products to which the MRLs apply (a) | Bensulfuron-methyl | Dimethachlor | Lufenuron (any ratio of constituent isomers) (F) |
| --- | --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) | (5) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | 0,01
   (*2) | 0,01
   (*2) | |
| 0110000 | Citrus fruits | | | 0,01
   (*2) |
| 0110010 | Grapefruits | | | |
| 0110020 | Oranges | | | |
| 0110030 | Lemons | | | |
| 0110040 | Limes | | | |
| 0110050 | Mandarins | | | |
| 0110990 | Others | | | |
| 0120000 | Tree nuts | | | 0,01
   (*2) |
| 0120010 | Almonds | | | |
| 0120020 | Brazil nuts | | | |
| 0120030 | Cashew nuts | | | |
| 0120040 | Chestnuts | | | |
| 0120050 | Coconuts | | | |
| 0120060 | Hazelnuts/cobnuts | | | |
| 0120070 | Macadamias | | | |
| 0120080 | Pecans | | | |
| 0120090 | Pine nut kernels | | | |
| 0120100 | Pistachios | | | |
| 0120110 | Walnuts | | | |
| 0120990 | Others | | | |
| 0130000 | Pome fruits | | | 0,15 |
| 0130010 | Apples | | | |
| 0130020 | Pears | | | |
| 0130030 | Quinces | | | |
| 0130040 | Medlars | | | |
| 0130050 | Loquats/Japanese medlars | | | |
| 0130990 | Others | | | |
| 0140000 | Stone fruits | | | |
| 0140010 | Apricots | | | 0,2 (+) |
| 0140020 | Cherries (sweet) | | | 0,01
   (*2) |
| 0140030 | Peaches | | | 0,2 (+) |
| 0140040 | Plums | | | 0,01
   (*2) |
| 0140990 | Others | | | 0,01
   (*2) |
| 0150000 | Berries and small fruits | | | 0,01
   (*2) |
| 0151000 | (a) | grapes |

(b)

the following columns for bensulfuron-methyl, dimethachlor and lufenuron are added:

‘Pesticide residues and maximum residue levels (mg/kg)

Code number

Groups and examples of individual products to which the MRLs apply (a)

Bensulfuron-methyl

Dimethachlor

Lufenuron (any ratio of constituent isomers) (F)

(1)

(2)

(3)

(4)

(5)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0,01
   (*2)

0,01
   (*2)

0110000

Citrus fruits

0,01
   (*2)

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others

0120000

Tree nuts

0,01
   (*2)

0120010

Almonds

0120020

Brazil nuts

0120030

Cashew nuts

0120040

Chestnuts

0120050

Coconuts

0120060

Hazelnuts/cobnuts

0120070

Macadamias

0120080

Pecans

0120090

Pine nut kernels

0120100

Pistachios

0120110

Walnuts

0120990

Others

0130000

Pome fruits

0,15

0130010

Apples

0130020

Pears

0130030

Quinces

0130040

Medlars

0130050

Loquats/Japanese medlars

0130990

Others

0140000

Stone fruits

0140010

Apricots

0,2 (+)

0140020

Cherries (sweet)

0,01
   (*2)

0140030

Peaches

0,2 (+)

0140040

Plums

0,01
   (*2)

0140990

Others

0,01
   (*2)

0150000

Berries and small fruits

0,01
   (*2)

0151000

(a)

0151010

Table grapes

0151020

Wine grapes

0152000

| (b) | strawberries |
| --- | --- |

(b)

0153000

| (c) | cane fruits |
| --- | --- |

(c)

0153010

Blackberries

0153020

Dewberries

0153030

Raspberries (red and yellow)

0153990

Others

0154000

| (d) | other small fruits and berries |
| --- | --- |

(d)

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
   (*2)

0161000

| (a) | edible peel |
| --- | --- |

(a)

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 |
| --- | --- |

(b)

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 |
| --- | --- |

(c)

0163010

Avocados

0163020

Bananas

0163030

Mangoes

0163040

Papayas

0163050

Granate apples/pomegranates

0163060

Cherimoyas

0163070

Guavas

0163080

Pineapples

0163090

Breadfruits

0163100

Durians

0163110

Soursops/guanabanas

0163990

Others

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0211000

| (a) | potatoes |
| --- | --- |

(a)

0212000

| (b) | tropical root and tuber vegetables |
| --- | --- |

(b)

0212010

Cassava roots/manioc

0212020

Sweet potatoes

0212030

Yams

0212040

Arrowroots

0212990

Others

0213000

| (c) | other root and tuber vegetables except sugar beets |
| --- | --- |

(c)

0213010

Beetroots

0213020

Carrots

0213030

Celeriacs/turnip rooted celeries

0213040

Horseradishes

0213050

Jerusalem artichokes

0213060

Parsnips

0213070

Parsley roots/Hamburg roots parsley

0213080

Radishes

0213090

Salsifies

0213100

Swedes/rutabagas

0213110

Turnips

0213990

Others

0220000

Bulb vegetables

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0220010

Garlic

0220020

Onions

0220030

Shallots

0220040

Spring onions/green onions and Welsh onions

0220990

Others

0230000

Fruiting vegetables

0,01
   (*2)

0,01
   (*2)

0231000

| (a) | solanacea |
| --- | --- |

(a)

0231010

Tomatoes

0,4

0231020

Sweet peppers/bell peppers

0,8

0231030

Aubergines/eggplants

0,3

0231040

Okra/lady's fingers

0,01
   (*2)

0231990

Others

0,01
   (*2)

0232000

| (b) | cucurbits with edible peel |
| --- | --- |

(b)

0232010

Cucumbers

0,15

0232020

Gherkins

0,15

0232030

Courgettes

0,15

0232990

Others

0,01
   (*2)

0233000

| (c) | cucurbits with inedible peel |
| --- | --- |

(c)

0233010

Melons

0,4

0233020

Pumpkins

0,4

0233030

Watermelons

0,4

0233990

Others

0,01
   (*2)

0234000

| (d) | sweet corn |
| --- | --- |

(d)

0,01
   (*2)

0239000

| (e) | other fruiting vegetables |
| --- | --- |

(e)

0,01
   (*2)

0240000

Brassica vegetables (excluding brassica roots and brassica baby leaf crops)

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0241000

| (a) | flowering brassica |
| --- | --- |

(a)

0241010

Broccoli

0241020

Cauliflowers

0241990

Others

0242000

| (b) | head brassica |
| --- | --- |

(b)

0242010

Brussels sprouts

0242020

Head cabbages

0242990

Others

0243000

| (c) | leafy brassica |
| --- | --- |

(c)

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others

0244000

| (d) | kohlrabies |
| --- | --- |

(d)

0250000

Leaf vegetables, herbs and edible flowers

0251000

| (a) | lettuces and salad plants |
| --- | --- |

(a)

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0251010

Lamb's lettuces/corn salads

0251020

Lettuces

0251030

Escaroles/broad-leaved endives

0251040

Cresses and other sprouts and shoots

0251050

Land cresses

0251060

Roman rocket/rucola

0251070

Red mustards

0251080

Baby leaf crops (including brassica species)

0251990

Others

0252000

| (b) | spinaches and similar leaves |
| --- | --- |

(b)

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others

0253000

| (c) | grape leaves and similar species |
| --- | --- |

(c)

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0254000

| (d) | watercresses |
| --- | --- |

(d)

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0255000

| (e) | witloofs/Belgian endives |
| --- | --- |

(e)

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0256000

| (f) | herbs and edible flowers |
| --- | --- |

(f)

0,02
   (*2)

0,02 (*2)

0,02
   (*2)

0256010

Chervil

0256020

Chives

0256030

Celery leaves

0256040

Parsley

0256050

Sage

0256060

Rosemary

0256070

Thyme

0256080

Basil and edible flowers

0256090

Laurel/bay leave

0256100

Tarragon

0256990

Others

0260000

Legume vegetables

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0260010

Beans (with pods)

0260020

Beans (without pods)

0260030

Peas (with pods)

0260040

Peas (without pods)

0260050

Lentils

0260990

Others

0270000

Stem vegetables

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0270010

Asparagus

0270020

Cardoons

0270030

Celeries

0270040

Florence fennels

0270050

Globe artichokes

0270060

Leeks

0270070

Rhubarbs

0270080

Bamboo shoots

0270090

Palm hearts

0270990

Others

0280000

Fungi, mosses and lichens

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0300000

PULSES

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others

0400000

OILSEEDS AND OIL FRUITS

0,01
   (*2)

0,01
   (*2)

0401000

Oilseeds

0401010

Linseeds

0,01
   (*2)

0401020

Peanuts/groundnuts

0,01
   (*2)

0401030

Poppy seeds

0,01
   (*2)

0401040

Sesame seeds

0,01
   (*2)

0401050

Sunflower seeds

0,01
   (*2)

0401060

Rapeseeds/canola seeds

0,02
   (*2)

0401070

Soyabeans

0,01
   (*2)

0401080

Mustard seeds

0,02 (*2)

0401090

Cotton seeds

0,01
   (*2)

0401100

Pumpkin seeds

0,01
   (*2)

0401110

Safflower seeds

0,01
   (*2)

0401120

Borage seeds

0,01
   (*2)

0401130

Gold of pleasure seeds

0,02 (*2)

0401140

Hemp seeds

0,01
   (*2)

0401150

Castor beans

0,01
   (*2)

0401990

Others

0,01
   (*2)

0402000

Oil fruits

0,01
   (*2)

0402010

Olives for oil production

0402020

Oil palms kernels

0402030

Oil palms fruits

0402040

Kapok

0402990

Others

0500000

CEREALS

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0500010

Barley

0500020

Buckwheat and other pseudo-cereals

0500030

Maize/corn

0500040

Common millet/proso millet

0500050

Oat

0500060

Rice

0500070

Rye

0500080

Sorghum

0500090

Wheat

0500990

Others

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0,05
   (*2)

0,05
   (*2)

0,05
   (*2)

0610000

Teas

0620000

Coffee beans

0630000

Herbal infusions from

0631000

| (a) | flowers |
| --- | --- |

(a)

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others

0632000

| (b) | leaves and herbs |
| --- | --- |

(b)

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others

0633000

| (c) | roots |
| --- | --- |

(c)

0633010

Valerian

0633020

Ginseng

0633990

Others

0639000

| (d) | any other parts of the plant |
| --- | --- |

(d)

0640000

Cocoa beans

0650000

Carobs/Saint John's breads

0700000

HOPS

0,05
   (*2)

0,05
   (*2)

0,05
   (*2)

0800000

SPICES

0,05
   (*2)

0810000

Seed spices

0,05
   (*2)

0,05
   (*2)

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others

0820000

Fruit spices

0,05
   (*2)

0,05
   (*2)

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others

0830000

Bark spices

0,05
   (*2)

0,05
   (*2)

0830010

Cinnamon

0830990

Others

0840000

Root and rhizome spices

0840010

Liquorice

0,05
   (*2)

0,05
   (*2)

0840020

Ginger

0,05
   (*2)

0,05
   (*2)

0840030

Turmeric/curcuma

0,05
   (*2)

0,05
   (*2)

0840040

Horseradish

(+)

(+)

(+)

0840990

Others

0,05
   (*2)

0,05
   (*2)

0850000

Bud spices

0,05
   (*2)

0,05
   (*2)

0850010

Cloves

0850020

Capers

0850990

Others

0860000

Flower pistil spices

0,05
   (*2)

0,05
   (*2)

0860010

Saffron

0860990

Others

0870000

Aril spices

0,05
   (*2)

0,05
   (*2)

0870010

Mace

0870990

Others

0900000

SUGAR PLANTS

0,01
   (*2)

0,01
   (*2)

0,01
   (*2)

0900010

Sugar beet roots

0900020

Sugar canes

0900030

Chicory roots

0900990

Others

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Tissues from

0,01
   (*2)

0,01
   (*2)

1011000

| (a) | swine |
| --- | --- |

(a)

1011010

Muscle

0,03

1011020

Fat tissue

0,7

1011030

Liver

0,04 (+)

1011040

Kidney

0,04 (+)

1011050

Edible offals (other than liver and kidney)

0,7

1011990

Others

0,02 (*2)

1012000

| (b) | bovine |
| --- | --- |

(b)

1012010

Muscle

0,03

1012020

Fat tissue

0,7

1012030

Liver

0,04 (+)

1012040

Kidney

0,04 (+)

1012050

Edible offals (other than liver and kidney)

0,7

1012990

Others

0,02 (*2)

1013000

| (c) | sheep |
| --- | --- |

(c)

1013010

Muscle

0,03

1013020

Fat tissue

0,7

1013030

Liver

0,04 (+)

1013040

Kidney

0,04 (+)

1013050

Edible offals (other than liver and kidney)

0,7

1013990

Others

0,02 (*2)

1014000

| (d) | goat |
| --- | --- |

(d)

1014010

Muscle

0,03

1014020

Fat tissue

0,7

1014030

Liver

0,04 (+)

1014040

Kidney

0,04 (+)

1014050

Edible offals (other than liver and kidney)

0,7

1014990

Others

0,02 (*2)

1015000

| (e) | equine |
| --- | --- |

(e)

1015010

Muscle

0,03

1015020

Fat tissue

0,7

1015030

Liver

0,04 (+)

1015040

Kidney

0,04 (+)

1015050

Edible offals (other than liver and kidney)

0,7

1015990

Others

0,02 (*2)

1016000

| (f) | poultry |
| --- | --- |

(f)

1016010

Muscle

0,02 (*2)

1016020

Fat tissue

0,04

1016030

Liver

0,02
   (*2)
  (+)

1016040

Kidney

0,02
   (*2)
  (+)

1016050

Edible offals (other than liver and kidney)

0,04

1016990

Others

0,02 (*2)

1017000

| (g) | other farmed terrestrial animals |
| --- | --- |

(g)

1017010

Muscle

0,03

1017020

Fat tissue

0,7

1017030

Liver

0,04 (+)

1017040

Kidney

0,04 (+)

1017050

Edible offals (other than liver and kidney)

0,7

1017990

Others

0,02 (*2)

1020000

Milk

0,01
   (*2)

0,01
   (*2)

0,1

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others

1030000

Birds eggs

0,01
   (*2)

0,01
   (*2)

0,02 (*2)

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others

1040000

Honey and other apiculture products

0,05
   (*2)

0,05
   (*2)

0,05
   (*2)

1050000

Amphibians and Reptiles

0,01
   (*2)

0,01
   (*2)

0,02 (*2)

1060000

Terrestrial invertebrate animals

0,01
   (*2)

0,01
   (*2)

0,02 (*2)

1070000

Wild terrestrial vertebrate animals

0,01
   (*2)

0,01
   (*2)

0,02 (*2)

| (F) | = | Fat soluble |
| --- | --- | --- |

(F)

=

Fat soluble

Bensulfuron-methyl

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish

Dimethachlor

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish

Lufenuron (any ratio of constituent isomers) (F)

| (+) | The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 19 march 2020, or, if that information is not submitted by that date, the lack of it.







  0140010 | Apricots |
| --- | --- | --- |
| 0140030 | Peaches |

(+)

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 19 march 2020, or, if that information is not submitted by that date, the lack of it.

0140010

Apricots

0140030

Peaches

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish

| (+) | The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 19 march 2020, or, if that information is not submitted by that date, the lack of it.







  1011030 | Liver |
| --- | --- | --- |
| 1011040 | Kidney |
| 1012030 | Liver |
| 1012040 | Kidney |
| 1013030 | Liver |
| 1013040 | Kidney |
| 1014030 | Liver |
| 1014040 | Kidney |
| 1015030 | Liver |
| 1015040 | Kidney |
| 1016030 | Liver |
| 1016040 | Kidney |
| 1017030 | Liver |
| 1017040 | Kidney’ |

(+)

The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 19 march 2020, or, if that information is not submitted by that date, the lack of it.

1011030

Liver

1011040

Kidney

1012030

Liver

1012040

Kidney

1013030

Liver

1013040

Kidney

1014030

Liver

1014040

Kidney

1015030

Liver

1015040

Kidney

1016030

Liver

1016040

Kidney

1017030

Liver

1017040

Kidney’

| (2) | in Annex III, the columns for dimethachlor and lufenuron are deleted. |
| --- | --- |

(2)

in Annex III, the columns for dimethachlor and lufenuron are deleted.

---

(*1)  Limit of analytical determination

(*2)  Limit of analytical determination

---

| 19.1.2018 | EN | Official Journal of the European Union | L 14/31 |
| --- | --- | --- | --- |

19.1.2018

EN

Official Journal of the European Union

L 14/31

---

COMMISSION REGULATION (EU) 2018/79

of 18 January 2018

amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food

(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 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (1), and in particular Article 5(1)(a), (d), (e), (h) and (i), Article 11(3) and Article 12(6) thereof,

Whereas:

| (1) | Commission Regulation (EU) No 10/2011 (2) (‘the Regulation’) establishes a Union list of authorised substances which may be used in plastic materials and articles intended to come into contact with food. |
| --- | --- |

(1)

Commission Regulation (EU) No 10/2011 (2) (‘the Regulation’) establishes a Union list of authorised substances which may be used in plastic materials and articles intended to come into contact with food.

| (2) | Since the last amendment to Regulation (EU) No 10/2011, the European Food Safety Authority (‘the Authority’) has published further scientific opinions on particular substances that may be used in food contact materials (‘FCM’) as well as on the permitted use of already authorised substances. In order to ensure that the Regulation (EU) No 10/2011 reflects the most recent findings of the Authority, that Regulation should be amended. |
| --- | --- |

(2)

Since the last amendment to Regulation (EU) No 10/2011, the European Food Safety Authority (‘the Authority’) has published further scientific opinions on particular substances that may be used in food contact materials (‘FCM’) as well as on the permitted use of already authorised substances. In order to ensure that the Regulation (EU) No 10/2011 reflects the most recent findings of the Authority, that Regulation should be amended.

| (3) | The Authority adopted a favourable scientific opinion (3) on the use of the substance (butadiene, styrene, methyl methacrylate, butyl acrylate) copolymer cross-linked with divinylbenzene or 1,3-butanediol dimethacrylate (FCM substance No 856 and CAS No 25101-28-4). The Authority concluded that the substance is not of a safety concern for the consumer if used as a polymeric additive at up to 40 % w/w in blends of styrene acrylonitrile copolymer (SAN)/poly(methyl methacrylate) (PMMA) repeat-use articles intended for contact at room temperature with aqueous, acidic and/or low alcoholic (< 20 %) foodstuffs for less than 1 day and with dry foodstuffs for any duration of contact including long-term storage. The current authorisation of this substance should be extended to include that use, provided that those specifications are met. |
| --- | --- |

(3)

The Authority adopted a favourable scientific opinion (3) on the use of the substance (butadiene, styrene, methyl methacrylate, butyl acrylate) copolymer cross-linked with divinylbenzene or 1,3-butanediol dimethacrylate (FCM substance No 856 and CAS No 25101-28-4). The Authority concluded that the substance is not of a safety concern for the consumer if used as a polymeric additive at up to 40 % w/w in blends of styrene acrylonitrile copolymer (SAN)/poly(methyl methacrylate) (PMMA) repeat-use articles intended for contact at room temperature with aqueous, acidic and/or low alcoholic (< 20 %) foodstuffs for less than 1 day and with dry foodstuffs for any duration of contact including long-term storage. The current authorisation of this substance should be extended to include that use, provided that those specifications are met.

| (4) | The Authority adopted a favourable scientific opinion (4) on the use of the monomer 2,4,4′-trifluorobenzophenone (FCM substance No 1061 and CAS No 80512-44-3). The Authority concluded that this substance is not of a safety concern for the consumer if used as co-monomer up to 0,3 % w/w based on the final material in the manufacture of polyether ether ketone plastics. That monomer should therefore be included in the Union list of authorised substances with the restriction that this specification should be met. |
| --- | --- |

(4)

The Authority adopted a favourable scientific opinion (4) on the use of the monomer 2,4,4′-trifluorobenzophenone (FCM substance No 1061 and CAS No 80512-44-3). The Authority concluded that this substance is not of a safety concern for the consumer if used as co-monomer up to 0,3 % w/w based on the final material in the manufacture of polyether ether ketone plastics. That monomer should therefore be included in the Union list of authorised substances with the restriction that this specification should be met.

| (5) | The Authority adopted a favourable scientific opinion (5) on the use of the monomer 2,3,3,4,4,5,5-heptafluoro-1-pentene (FCM substance No 1063 and CAS No 1547-26-8). The Authority concluded that the substance is not of a safety concern for the consumer if used as co-monomer together with tetrafluoroethylene and/or ethylene co-monomers to manufacture fluorocopolymers that are only intended to be applied as polymer processing aids at up to 0,2 % w/w of the FCM. For this application, the low molecular mass fraction below 1 500 Da in the fluorocopolymer should be no greater than 30 mg/kg. That monomer should be included in the Union list of authorised substances with the restriction that those specifications should be met. |
| --- | --- |

(5)

The Authority adopted a favourable scientific opinion (5) on the use of the monomer 2,3,3,4,4,5,5-heptafluoro-1-pentene (FCM substance No 1063 and CAS No 1547-26-8). The Authority concluded that the substance is not of a safety concern for the consumer if used as co-monomer together with tetrafluoroethylene and/or ethylene co-monomers to manufacture fluorocopolymers that are only intended to be applied as polymer processing aids at up to 0,2 % w/w of the FCM. For this application, the low molecular mass fraction below 1 500 Da in the fluorocopolymer should be no greater than 30 mg/kg. That monomer should be included in the Union list of authorised substances with the restriction that those specifications should be met.

| (6) | The Authority adopted a favourable scientific opinion (6) on the use of the substance tungsten oxide (WOn (n = 2,72-2,90)) (FCM substance No 1064 and CAS No 39318-18-8). The Authority concluded that the substance is not of a safety concern for the consumer if the additive is used as a reheat agent in polyethylene terephthalate (PET). The Authority considered that due to the insolubility of the substance, low migration is expected for any foreseeable use as a reheat additive in PET. Therefore, verification of the migration limit is not necessary. For other technical functions or for use in other polymers, the Authority concluded that the migration should not exceed 0,05 mg/kg (expressed as tungsten). That substance should be included in the Union list of authorised substances with the restriction that those specifications should be met. |
| --- | --- |

(6)

The Authority adopted a favourable scientific opinion (6) on the use of the substance tungsten oxide (WOn (n = 2,72-2,90)) (FCM substance No 1064 and CAS No 39318-18-8). The Authority concluded that the substance is not of a safety concern for the consumer if the additive is used as a reheat agent in polyethylene terephthalate (PET). The Authority considered that due to the insolubility of the substance, low migration is expected for any foreseeable use as a reheat additive in PET. Therefore, verification of the migration limit is not necessary. For other technical functions or for use in other polymers, the Authority concluded that the migration should not exceed 0,05 mg/kg (expressed as tungsten). That substance should be included in the Union list of authorised substances with the restriction that those specifications should be met.

| (7) | The Authority adopted a favourable scientific opinion (7) on the use of the mixture of methyl-branched and linear C14-C18 alkanamides, derived from fatty acids (FCM substance No 1065 and CAS No 85711-28-0). The Authority concluded that the substance is not of a safety concern for the consumer if used in the manufacture of polyolefin articles intended for contact with all foodstuffs other than fatty foods (as defined by simulant D2) and when its migration does not exceed 5 mg/kg food. That mixture should therefore be included in the Union list of authorised substances with the restriction that these specifications should be met. |
| --- | --- |

(7)

The Authority adopted a favourable scientific opinion (7) on the use of the mixture of methyl-branched and linear C14-C18 alkanamides, derived from fatty acids (FCM substance No 1065 and CAS No 85711-28-0). The Authority concluded that the substance is not of a safety concern for the consumer if used in the manufacture of polyolefin articles intended for contact with all foodstuffs other than fatty foods (as defined by simulant D2) and when its migration does not exceed 5 mg/kg food. That mixture should therefore be included in the Union list of authorised substances with the restriction that these specifications should be met.

| (8) | Annex I to Regulation (EU) No 10/2011 should therefore be amended accordingly. |
| --- | --- |

(8)

Annex I to Regulation (EU) No 10/2011 should therefore be amended accordingly.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(9)

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

Annex I to Regulation (EU) No 10/2011 is amended in accordance with the Annex to this Regulation.

Article 2

Plastic materials and articles complying with Regulation (EU) No 10/2011 as applicable before the entry into force of this Regulation, may be placed on the market until 8 February 2019 and may remain on the market until exhaustion of stocks.

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.

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

Done at Brussels, 18 January 2018.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 338, 13.11.2004, p. 4.

1

(2)  Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food (OJ L 12, 15.1.2011, p. 1).

2

(3)  
  EFSA Journal 2016;14(11):4637.

3

EFSA Journal

(4)  
  EFSA Journal 2016;14(7):4532.

4

EFSA Journal

(5)  
  EFSA Journal 2016;14(10):4582.

5

EFSA Journal

(6)  
  EFSA Journal 2017;15(1):4661.

6

EFSA Journal

(7)  
  EFSA Journal 2017;15(2):4724.

7

EFSA Journal

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ANNEX

Annex I to Regulation (EU) No 10/2011 is amended as follows:

| (1) | in point 1, Table 1 is amended as follows:






  (a) | the entry concerning FCM substance No 856 is replaced by the following:















  ‘856 | 40563 | 25101-28-4 | (butadiene, styrene, methyl methacrylate, butyl acrylate) copolymer cross-linked with divinylbenzene or 1,3-butanediol dimethacrylate | yes | no | no | | | Only to be used in:






  — | rigid poly(vinyl chloride) (PVC) at a maximum level of 12 % at room temperature or below; or |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |

(1)

in point 1, Table 1 is amended as follows:

(a)

the entry concerning FCM substance No 856 is replaced by the following:

‘856

40563

25101-28-4

(butadiene, styrene, methyl methacrylate, butyl acrylate) copolymer cross-linked with divinylbenzene or 1,3-butanediol dimethacrylate

yes

no

no

Only to be used in:

—

rigid poly(vinyl chloride) (PVC) at a maximum level of 12 % at room temperature or below; or

| — | at up to 40 % w/w in blends of styrene acrylonitrile copolymer (SAN)/poly(methyl methacrylate) (PMMA) repeat-use articles at room temperature or below, and when either in contact only with aqueous, acidic and/or low alcoholic (< 20 %) foodstuffs for less than 1 day, or when in contact only with dry foodstuffs for any duration of time.’ |
| --- | --- |

—

at up to 40 % w/w in blends of styrene acrylonitrile copolymer (SAN)/poly(methyl methacrylate) (PMMA) repeat-use articles at room temperature or below, and when either in contact only with aqueous, acidic and/or low alcoholic (< 20 %) foodstuffs for less than 1 day, or when in contact only with dry foodstuffs for any duration of time.’

| (b) | the following entries are inserted in numerical order of the FCM substance numbers:















  ‘1061 | | 80512-44-3 | 2,4,4′-trifluorobenzophenone | no | yes | no | | | Only to be used as a co-monomer in the manufacture of polyether ether ketone plastics up to 0,3 % w/w of the final material. | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1063 | | 1547-26-8 | 2,3,3,4,4,5,5-heptafluoro-1-pentene | no | yes | no | | | Only to be used together with tetrafluoroethylene and/or ethylene co-monomers to manufacture fluorocopolymers for application as polymer processing aid at up to 0,2 % w/w of the food contact material, and when the low-molecular mass fraction below 1 500  Da in the fluorocopolymer does not exceed 30 mg/kg. | |
| 1064 | | 39318-18-8 | tungsten oxide | yes | no | no | 0,05 | | Stoichiometry: WOn, n = 2,72-2,90 | (25) |
| 1065 | | 85711-28-0 | mixture of methyl-branched and linear C14-C18 alkanamides, derived from fatty acids | yes | no | no | 5 | | Only to be used in the manufacture of articles made of polyolefins, and which do not come into contact with foods for which food simulant D2 is assigned in Table 2 of Annex III. | (26)’ |

(b)

the following entries are inserted in numerical order of the FCM substance numbers:

‘1061

80512-44-3

2,4,4′-trifluorobenzophenone

no

yes

no

Only to be used as a co-monomer in the manufacture of polyether ether ketone plastics up to 0,3 % w/w of the final material.

1063

1547-26-8

2,3,3,4,4,5,5-heptafluoro-1-pentene

no

yes

no

Only to be used together with tetrafluoroethylene and/or ethylene co-monomers to manufacture fluorocopolymers for application as polymer processing aid at up to 0,2 % w/w of the food contact material, and when the low-molecular mass fraction below 1 500  Da in the fluorocopolymer does not exceed 30 mg/kg.

1064

39318-18-8

tungsten oxide

yes

no

no

0,05

Stoichiometry: WOn, n = 2,72-2,90

(25)

1065

85711-28-0

mixture of methyl-branched and linear C14-C18 alkanamides, derived from fatty acids

yes

no

no

5

Only to be used in the manufacture of articles made of polyolefins, and which do not come into contact with foods for which food simulant D2 is assigned in Table 2 of Annex III.

(26)’

| (2) | in point 3, in Table 3, the following entries are added:






  ‘(25) | When used as reheat agent in polyethylene terephthalate (PET) verification of compliance with the specific migration limit is not required; in all other cases compliance with the specific migration limit shall be verified in accordance with Article 18; the specific migration limit is expressed as mg tungsten/kg food. |
| --- | --- | --- |
| (26) | Migration of stearamide, listed in Table 1 under FCM substance No 306 to which no specific migration limit applies, shall be excluded from verification of the compliance of the migration of the mixture with the specific migration limit laid down for the mixture.’ |

(2)

in point 3, in Table 3, the following entries are added:

‘(25)

When used as reheat agent in polyethylene terephthalate (PET) verification of compliance with the specific migration limit is not required; in all other cases compliance with the specific migration limit shall be verified in accordance with Article 18; the specific migration limit is expressed as mg tungsten/kg food.

(26)

Migration of stearamide, listed in Table 1 under FCM substance No 306 to which no specific migration limit applies, shall be excluded from verification of the compliance of the migration of the mixture with the specific migration limit laid down for the mixture.’

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| 19.1.2018 | EN | Official Journal of the European Union | L 14/35 |
| --- | --- | --- | --- |

19.1.2018

EN

Official Journal of the European Union

L 14/35

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/80

of 18 January 2018

on the minimum selling price for skimmed milk powder for the 16th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.

| (2) | In the light of the tenders received for the 16th partial invitation to tender, a minimum selling price should be fixed. |
| --- | --- |

(2)

In the light of the tenders received for the 16th partial invitation to tender, a minimum selling price should be fixed.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

For the 16th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 16 January 2018, the minimum selling price shall be 119,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on the day of 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, 18 January 2018.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ L 206, 30.7.2016, p. 71.

2

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).

3

---