(Utkast) Kommisjonsforordning (EU) …/… om endring av vedlegg II til europaparlaments- og rådsforordning (EF) nr. 396/2005 med hensyn til øvre grenseverdier for rester av azoksystrobin, etofenproks, fenpropidin, flupyradifuron, heksitiazoks, imazalil, spinosad og tebufenozid i eller på visse produkter
Grenseverdier for rester av plantevernmidler i næringsmidler: azoksystrobin, etofenproks, fenpropidin, flupyradifuron, heksitiazoks, imazalil, spinosad og tebufenozid
Utkast til kommisjonsforordning sendt til Europaparlamentet og Rådet for klarering og publisert i EUs komitologiregister 13.8.2026
Bakgrunn
(fra kommisjonsforordningen)
(1) For azoxystrobin, etofenprox, fenpropidin, flupyradifurone, hexythiazox, imazalil, spinosad and tebufenozide, maximum residue levels (‘MRLs’) were set in Annex II to Regulation (EC) No 396/2005.
(2) On 12 July 2019, the Codex Alimentarius Commission adopted a new Codex maximum residue level (‘CXL’) for the active substance imazalil in bananas.
(3) On 13 November 2025, the Codex Alimentarius Commission adopted new CXLs for the active substances azoxystrobin, etofenprox, fenpropidin, flupyradifurone, hexythiazox, spinosad and tebufenozide in several food products.
(4) In accordance with Article 5(3) of Regulation (EC) No 178/2002 of the European Parliament and of the Council, 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 thereof would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives of Union 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 Union food law while ensuring that the high level of protection adopted in the Union is not reduced.
(5) The European Food Safety Authority (‘the Authority’) assessed the risks that those CXLs may pose to consumers and published scientific reports.
(6) Regarding imazalil, the Union presented reservations to the Codex Committee on Pesticides Residues on the CXL proposed for imazalil in bananas pending the outcome of the ongoing evaluation of toxicological properties of some metabolites of imazalil in the Union. In a subsequent Reasoned Opinion, the Authority concluded that the data gaps on the toxicology of these metabolites were satisfactorily addressed and that the CXL for imazalil in bananas is safe for consumers in the Union. The CXL for imazalil in bananas should therefore be included in Regulation (EC) No 396/2005.
(7) The Union presented reservations to the Codex Committee on Pesticides Residues on the CXL proposed for etofenprox in eggs, the CXL proposed for fenpropidin in bananas, the CXLs proposed for flupyradifurone in edible offals, fat and muscle of avian, in edible offals and fat of mammalians (except milk fats), in muscle of mammals other than marine mammals, in milks and in eggs, and the CXL proposed for hexythiazox in cane berries.
(8) For certain CXLs for azoxystrobin, etofenprox, fenpropidin, flupyradifurone, hexythiazox, spinosad and tebufenozide, the Authority did not identify risks to consumers in the Union and the Union did not present a reservation to the Codex Committee on Pesticides Residues or the Codex Alimentarius Commission. Those CXLs should be considered safe and should therefore be included in Regulation (EC) No 396/2005, except where they relate to products which are not listed in Annex I to that Regulation or where they are at a lower level than the current MRLs for the pesticide/product combinations concerned. Additionally, regarding the CXLs for flupyradifurone, the Authority concluded that no modification of the MRLs for difluoroacetic acid in Regulation (EC) No 396/2005 was necessary.
(9) Based on the scientific reports of the Authority and taking into account the relevant factors listed in Article 14(2) of Regulation (EC) No 396/2005, the Commission has concluded that the modifications to the MRLs are acceptable.
(10) Additionally, on 4 July 2009, the Codex Alimentarius Commission adopted a new CXL for the active substance azoxystrobin in citrus fruits. Subsequently, the MRL for azoxystrobin in citrus fruits was set at the level of the CXL in Regulation (EC) No 396/2005 by Commission Regulation (EU) No 459/2010. On 18 July 2014, the Codex Alimentarius Commission agreed on a revision to the Codex Classification of Food and Feed to include ‘kumquats’ in the group of ‘citrus fruits’. Therefore, the CXL for azoxystrobin in citrus fruits applies also to kumquats and the MRL for azoxystrobin in kumquats should be set at the level of the CXL in Regulation (EC) No 396/2005.
(11) As regards tebufenozide, an application requesting a modification of the existing MRLs was submitted for Brazil nuts, cashew nuts, chestnuts, coconuts, hazelnuts/cobnuts, macadamias, pecans, pine nut kernels, pistachios and ‘others’ tree nuts pursuant to Article 6(1) of Regulation (EC) No 396/2005.
(12) The Authority assessed the application and the evaluation report, examining in particular the risks to consumers and, where relevant, to animals, and gave a reasoned opinion on the proposed MRLs. It forwarded this opinion to the applicant, the Commission and the Member States and made it available to the public.
(13) As regards this application, the Authority concluded that the data were appropriate to derive or confirm the MRL proposals for the commodities under assessment. It is therefore appropriate to set the requested MRLs for tebufenozide in Brazil nuts, cashew nuts, chestnuts, coconuts, hazelnuts/cobnuts, macadamias, pecans, pine nut kernels, pistachios and ‘others’ tree nuts at the levels recommended by the Authority.
(14) Annex II to Regulation (EC) No 396/2005 should therefore be amended accordingly.
(15) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,