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EN

27.1.2023

Official Journal of the European Union
L 25/1

II
Non-legislative acts
REGULATIONS
COMMISSION REGULATION EU 2023/173
of 26 January 2023
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 1-methyl-3-trifluoromethyl-1H-pyrazole4-carboxamide PAM, cycloxydim, cyflumetofen, cyfluthrin, metobromuron and penthiopyrad 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 141, point a and Article 492 thereof, Whereas:
1

For cycloxydim, cyflumetofen and penthiopyrad, maximum residue levels MRLs are set in Part A of Annex III to Regulation EC No 396/2005. For cyfluthrin MRLs are set in Annexes II and III to that Regulation. For 1-methyl3-trifluoromethyl-1H-pyrazole-4-carboxamide PAM and metobromuron, no specific MRLs are set in Regulation EC No 396/2005, and as these active substances are not included in Annex IV to that Regulation, the default value of 0,01 mg/kg laid down in Article 181, point b, of that Regulation applies.

2

The European Food Safety Authority the Authority submitted a reasoned opinion on the existing MRLs for betacyfluthrin and cyfluthrin in accordance with Article 121 of Regulation EC No 396/2005 2. In its reasoned opinion the Authority confirmed the residue definition as cyfluthrin, including other mixtures of constituent isomers sum of isomers. As beta-cyfluthrin is such an isomer of cyfluthrin, MRLs established for cyfluthrin also cover beta-cyfluthrin. Both substances are no longer approved as active substances used in plant protection products in the EU. Therefore, the Authority assessed the MRLs based on non-EU uses of plant protection products, such as those currently established by the Codex Alimentarius Commission Codex Maximum Residue Limits CXLs and the import tolerances reported by Member States. The Authority also took into account the authorised use of cyfluthrin in veterinary medicinal products for bovine and ovine and the MRLs set in Regulation EU No 470/2009
of the European Parliament and of the Council 3 The Authority recommended lowering the MRLs for apples, pears, potatoes, sweet peppers/bell peppers, head cabbages, fruit spices, root and rhizome spices, swine muscle, liver,
1 OJ L 070, 16.3.2005, p. 1.
2 European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for beta-cyfluthrin and cyfluthrin according to Article 12 of Regulation EC No 396/2005. EFSA Journal 2021;199:6837.
3 Regulation EC No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation EEC No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation EC
No 726/2004 of the European Parliament and of the Council. OJ L 152, 16.6.2009, p. 11.