Commission Regulation (EU) 2024/3196 of 18 December 2024 amending Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards radish leaves
Date: 2024-12-18
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: consumer protection, crop production, food inspection, food safety, pesticide, pesticide residue, root vegetable








L_202403196EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/3196


19.12.2024







            COMMISSION REGULATION (EU) 2024/3196
of 18 December 2024
         
amending Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards radish leaves
(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 4 thereof,

Whereas:







(1)


The products of plant and animal origin to which the maximum residue levels (‘MRLs’) of pesticides set by Regulation (EC) No 396/2005 apply, are listed in Annex I to that Regulation.












(2)


Commission Regulation (EU) 2018/62 (2) introduced a new entry for ‘radish leaves’ in Part B of Annex I to Regulation (EC) No 396/2005, as a product to which the same MRLs as to ‘kales’ were to apply. Following receipt of information suggesting that MRLs for kales may not be suitable for radish leaves in all cases and that specific residue trials on radish leaves were needed to confirm the appropriate MRLs, Commission Regulation (EU) 2018/1049 (3) provided for a transitional period before those MRLs become applicable to ‘radish leaves’ to enable Member States to collect necessary data on whether the MRLs for ‘kales’ are appropriate to be applied to ‘radish leaves’. That period was then extended until 1 January 2025 by Commission Regulation (EU) 2021/1771 (4).












(3)


Member States provided results which indicated that for the radish varieties with small leaves (Raphanus sativus var. radicula) the most similar good agricultural practices were the ones used for Roman rocket/rucola, which belongs to the same botanical family (Brassicaceae) and shares morphological similarities, while for those with large leaves (Raphanus sativus var. longipinnatus and Raphanus sativus var. niger) the most similar good agricultural practices were the ones used for kale.












(4)


It is therefore appropriate to include two separate entries for radish leaves in Part B of Annex I to Regulation (EC) No 396/2005, by including a new entry for ‘small radish leaves’ to which the same MRLs as to ‘Roman rocket/rucola’ in Part A of that Annex are to apply, and to modify the existing entry in Part B of Annex I to Regulation (EC) No 396/2005 from ‘radish leaves’ to ‘large radish leaves’ to which the same MRLs as to ‘kales’ in Part A of that Annex are to apply. Those entries should also include the scientific names of the species and varieties to which the products belong.












(5)


Since the necessary data has now been provided by Member States, the footnote concerning the transitional period for radish leaves should be deleted from Annex I to Regulation (EC) No 396/2005.












(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 Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 396/2005 is 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.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 70, 16.3.2005, p. 1, ELI: http://data.europa.eu/eli/reg/2005/396/oj.

(2)  Commission Regulation (EU) 2018/62 of 17 January 2018 replacing Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 18, 23.1.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/62/oj).

(3)  Commission Regulation (EU) 2018/1049 of 25 July 2018 amending Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council (OJ L 189, 26.7.2018, p. 9, ELI: http://data.europa.eu/eli/reg/2018/1049/oj).

(4)  Commission Regulation (EU) 2021/1771 of 7 October 2021 amending Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards radish leaves (OJ L 356, 8.10.2021, p. 30, ELI: http://data.europa.eu/eli/reg/2021/1771/oj).




ANNEX
Part B of Annex I to Regulation (EC) No 396/2005 is amended as follows:






(1)


the entry (0243020-008) for ‘radish leaves’ is replaced by the following:










‘0243020


Kales


 


0243020-001


Borecoles/collards greens/curly kales



Brassica oleracea var. viridis





 


0243020-002


Cow cabbages/stem kales



Brassica oleracea var. acephala subvar. medullosa





 


0243020-003


Cow cabbages/Jersey kales



Brassica oleracea var. longata





 


0243020-004


Kohlrabies leaves



Brassica oleracea var. gongylodes





 


0243020-005


Rape kales/Siberian kales



Brassica napus var. pabularia





 


0243020-006


Portuguese kales/tronchuda kales/Portuguese cabbages



Brassica oleracea convar. costata





 


0243020-007


Palm tree kale/lacinato/black kale



Brassica oleracea var. palmifolia





 


0243020-008



Large radish leaves




Raphanus sativus var. longipinnatus and var. niger
’














(2)


the following new entry for ‘small radish leaves’ (0251060-002) is inserted after ‘wall rocket’ (0251060-001):










‘0251060


Roman rocket/rucola


 


0251060-001


Wall rocket



Diplotaxis tenuifolia





 



0251060-002




Small radish leaves





Raphanus sativus var. radicula
’














(3)


footnote (3) is deleted.







ELI: http://data.europa.eu/eli/reg/2024/3196/oj
ISSN 1977-0677 (electronic edition)