EN
L 17/56
Official Journal of the European Union
19.1.2023
COMMISSION REGULATION (EU) 2023/129 of 18 January 2023 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin, prosulfocarb, sedaxane and valifenalate 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), point (a), thereof, Whereas: (1)
For azoxystrobin, prosulfocarb, sedaxane and valifenalate, maximum residue levels (‘MRLs’) were set in Annex II to Regulation (EC) No 396/2005.
(2)
On 14 December 2021, the Codex Alimentarius Commission adopted new Codex maximum residue limits (CXLs) for azoxystrobin in guavas and for valifenalate in onions, shallots, tomatoes, and eggplants (2).
(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 to fulfil 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.
(4)
The European Food Safety Authority (‘the Authority’) assessed the CXLs proposed for azoxystrobin in guavas and for valifenalate in onions, shallots, tomatoes, and eggplants and concluded they are safe for consumers in the Union (4).
The Union did not present reservations (5), (6) to the Codex Committee on Pesticides Residues on these proposed CXLs.
(5)
It is therefore appropriate to include these CXLs in Regulation (EC) No 396/2005 as MRLs.
In the framework of the evaluation of the proposed CXL for valifenalate in tomatoes, a sufficient number of residue trials was submitted and the Authority concluded that these data were sufficient for the uses under consideration.
Therefore, it is appropriate to delete the respective footnote in Regulation (EC) No 396/2005 highlighting the need for additional data.
(1) OJ L 70, 16.3.2005, p. 1.
(2) Report of the 44th Session of the Codex Alimentarius Commission (REP21/CAC) https://www.fao.org/fao-who-codexalimentarius/shproxy/en/?lnk=1&url=https%253A%252F%252Fworkspace.fao.org%252Fsites%252Fcodex%252FMeetings%252FCX-701-44% 252FFINAL%252520REPORT%252FRep21_CACe.pdf (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).
(4) Scientific support for preparing an EU position for the 52nd Session of the Codex Committee on Pesticide Residues (CCPR).
EFSA Journal 2021;19(8):6766.
(5) European Union comments on Codex CX/PR 21/52/5(REV): https://www.fao.org/fao-who-codexalimentarius/sh-proxy/en/? lnk=1&url=https%253A%252F%252Fworkspace.fao.org%252Fsites%252Fcodex%252FMeetings%252FCX-718-52%252FCRDs% 252Fpr52_CRD22x.pdf (6) Report of the 52nd session of the Codex Committee on Pesticide Residues REP21/PR: https://www.fao.org/fao-who-codexalimentarius/ sh-proxy/en/?lnk=1&url=https%253A%252F%252Fworkspace.fao.org%252Fsites%252Fcodex%252FMeetings%252FCX-718-52% 252FREPORT%252FFINAL%2BREPORT%252FREP21_PR52e.pdf