EN
L 200/68
Official Journal of the European Union
29.7.2022
COMMISSION REGULATION (EU) 2022/1324 of 28 July 2022 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 benzovindiflupyr, boscalid, fenazaquin, fluazifop-P, flupyradifurone, fluxapyroxad, fosetyl-Al, isofetamid, metaflumizone, pyraclostrobin, spirotetramat, thiabendazole and tolclofos-methyl 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) thereof,
Whereas:
(1)
On 14 December 2021, the Codex Alimentarius Commission adopted new Codex maximum residue limits (CXLs) for acetochlor, afidopyropen, benzovindiflupyr, bifenthrin, boscalid, buprofezin, carbendazim, chlorantraniliprole, cyclaniliprole, cypermethrins (including alpha- and zeta- cypermethrin), dicamba, fenazaquin, flonicamid, fluazifop-P, fluensulfone, flupyradifurone, fluxapyroxad, fosetyl-Al, glyphosate, isofetamid, kresoxim-methyl, mandestrobin, mesotrione, metaflumizone, metconazole, methoprene, pendimethalin, penthiopyrad, picoxystrobin, propiconazole, pydiflumetofen, pyraclostrobin, pyriofenone, pyriproxyfen, spirotetramat, tebuconazole, thiabendazole, tolclofos-methyl and tolfenpyrad (2).
(2)
Maximum residue levels (MRLs) had been set for those substances in Annexes II, III and V to Regulation (EC) No 396/2005, except for afidopyropen, fluensulfone, pydiflumetofen and tolfenpyrad, for which no specific MRLs were set nor were those substances included in Annex IV to Regulation (EC) No 396/2005, so the default value of 0,01 mg/kg laid down in Article 18(1)(b) of that Regulation applies.
(3)
In accordance with Article 5(3) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (3), where international standards exist or their completion is imminent, they are to be taken into consideration in the development or adaptation of food law, except where such standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives of food law or where there is a scientific justification, or where they would result in a different level of protection from the one determined as appropriate in the Union.
Moreover, in accordance with Article 13, point (e), of that Regulation, the Union is to promote consistency between international technical standards and food law while ensuring that the high level of protection adopted in the Union is not reduced.
(1) OJ L 70, 16.3.2005, p. 1.
(2) https://www.fao.org/fao-who-codexalimentarius/sh-proxy/en/?lnk=1&url=https%253A%252F%252Fworkspace.fao.org%252Fsites% 252Fcodex%252FMeetings%252FCX-701-44%252FFINAL%252520REPORT%252FRep21_CACe.pdf Joint FAO/WHO Food Standards Programme Codex Alimentarius Commission.
Appendix III.
Forty-fourth Session.
Virtual, 8–15, 17– 18 November and 14 December 2021.
(3) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).