Nařízení Komise (ES) č. 839/2008 ze dne 31. července 2008, kterým se mění nařízení Evropského parlamentu a Rady (ES) č. 396/2005, pokud jde o přílohy II, III a IV, které stanoví maximální limity reziduí pesticidů v některých produktech a na jejich povrchu (Text s významem pro EHP)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 396/2005OJ L 70, 16.3.2005, p. 1 . Regulation as last amended by Regulation (EC) No 299/2008 (OJ L 97, 9.4.2008, p. 67 ). 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, and in particular Article 5(1), Article 15(1)(b), Article 21(1) and 22(1) thereof,

The Annexes to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.

OJ L 70, 16.3.2005, p. 1 . Regulation as last amended by Regulation (EC) No 299/2008 (OJ L 97, 9.4.2008, p. 67 ).

(1) Annex II to Regulation (EC) No 396/2005 is to contain, for the products covered by Annex I to that Regulation, the maximum residue levels (MRLs) provided for under Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cerealsOJ L 221, 7.8.1986, p. 37 . Directive as last amended by Commission Directive 2008/17/EC (OJ L 50, 23.2.2008, p. 17 ). , Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal originOJ L 221, 7.8.1986, p. 43 . Directive as last amended by Directive 2008/17/EC. and Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetablesOJ L 350, 14.12.1990, p. 71 . Directive as last amended by Directive 2008/17/EC. . Those Directives have been amended by Commission Directives 2007/73/ECOJ L 329, 14.12.2007, p. 40 . and 2008/17/EC. Annex II to Regulation (EC) No 396/2005 should therefore include the MRLs set out in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as amended by Directives 2007/73/EC and 2008/17/EC.

(2) MRLs for permethrin have been established in Directives 86/362/EEC and 90/642/EEC by Commission Directive 2002/66/ECOJ L 197, 20.7.2002, p. 47 . and in Directive 86/363/EEC by Commission Directive 98/82/ECOJ L 290, 29.10.1998, p. 25 . . MRLs for propham have been established in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC by Commission Directive 2000/82/ECOJ L 3, 6.1.2000, p. 18 . . It is appropriate to incorporate these MRLs in Annex II to Regulation (EC) No 396/2005.

(3) In accordance with Article 22(1) of Regulation (EC) No 396/2005, Annex III to that Regulation is to establish temporary MRLs for active substances for which a decision on inclusion in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the marketOJ L 230, 19.8.1991, p. 1 . Directive as last amended by Commission Directive 2008/45/EC (OJ L 94, 5.4.2008, p. 21 . has not yet been taken. When establishing those MRLs hitherto unharmonised national MRLs are to be taken into account. Those MRLs have to meet certain requirements.

(4) Article 15(1)(b) of Regulation (EC) No 396/2005 also provides that where active substances have not been included in Annex I to Directive 91/414/EEC and where they are not included in Annex II to Regulation (EC) No 396/2005, temporary MRLs may be set and listed in Annex III.

(5) Article 16(1) of Regulation (EC) No 396/2005 also provides that Annex III may contain other categories of MRLs. These include MRLs for new agricultural products included in Annex I of the Regulation, for which no MRLs were set in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC.

(6) As regards the national MRLs notified by Member States, the Member States concerned have communicated the information required under Article 23 of Regulation (EC) No 396/2005. In accordance with Articles 23 and 24 of that Regulation, for each crop/pesticide combination those MRLs were submitted to the European Food Safety Authority, hereinafter the Authority. The Authority has published reasoned opinionshttp://efsa.europa.eu/EFSA/Scientific_Opinion/Reasoned_opinion,0.pdf on the national MRLs for active substances not included in Annex I to Directive 91/414/EEC, on the basis of which temporary MRLs can be set, which do not present an unacceptable risk to consumers. Those MRLs should therefore be included in Annex III to that Regulation.

(7) Certain Member States have requested additional active substances to be included in Annex IV. Information was submitted and evaluated and based on this information it was concluded that it is appropriate to include these substances in Annex IV of Regulation (EC) No 396/2005.

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

(9) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 1 September 2008 .

OJ L 221, 7.8.1986, p. 37 . Directive as last amended by Commission Directive 2008/17/EC (OJ L 50, 23.2.2008, p. 17 ).

Article 1 Article 1

Article 2 Article 2

OJ L 221, 7.8.1986, p. 43 . Directive as last amended by Directive 2008/17/EC.

OJ L 350, 14.12.1990, p. 71 . Directive as last amended by Directive 2008/17/EC.

OJ L 329, 14.12.2007, p. 40 .

OJ L 197, 20.7.2002, p. 47 .

OJ L 290, 29.10.1998, p. 25 .

OJ L 3, 6.1.2000, p. 18 .

OJ L 230, 19.8.1991, p. 1 . Directive as last amended by Commission Directive 2008/45/EC (OJ L 94, 5.4.2008, p. 21 .

http://efsa.europa.eu/EFSA/Scientific_Opinion/Reasoned_opinion,0.pdf

HAS ADOPTED THIS REGULATION: