(fra kommisjonsforordningen)

(1) For the active substances benfluralin, benthiavalicarb and penflufen, maximum residue levels (‘MRLs’) were set in Annex II to Regulation (EC) No 396/2005. 

(2) The approval of the active substance benfluralin was not renewed by Commission Implementing Regulation (EU) 2023/149. The approval of that active substance thus expired on 12 February 2023. All existing authorisations for plant protection products containing benfluralin have been revoked and no Codex MRLs (CXLs) or import tolerances exist for that active substance. It is therefore appropriate to delete the MRLs set for benfluralin in Annex II to Regulation (EC) No 396/2005 in accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1), point (a), thereof. MRLs for that active substance are already set at the limit of determination (‘LOD’) and should therefore be set at the LOD in Annex V to Regulation (EC) No 396/2005 in accordance with Article 18(1), point (b), of that Regulation. 

(3) The approval of the active substance benthiavalicarb was not renewed by Commission Implementing Regulation (EU) 2023/2657. The approval of that active substance thus expired on 13 December 2023. All authorisations for plant protection products containing benthiavalicarb have been revoked and no CXLs or import tolerances exist for that active substance. It is therefore appropriate to delete the MRLs set for benthiavalicarb in Annex II to Regulation (EC) No 396/2005 in accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1), point (a), thereof. MRLs for that active substance in all products should therefore be set at the LOD in Annex V to Regulation (EC) No 396/2005 in accordance with Article 18(1), point (b), of that Regulation. 

(4) The approval of penflufen expired on 31 January 20244 and no application for its renewal was submitted. It is therefore appropriate to delete the MRLs set for penflufen in Annex II to Regulation (EC) No 396/2005 in accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1), point (a), thereof. MRLs for that active substance are already set at the LOD and should therefore be set at the same value in Annex V to Regulation (EC) 396/2005 in accordance with Article 18(1), point (b), of that Regulation. 

(5) The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to set and to adapt certain LODs. For all the active substances covered by this Regulation those laboratories proposed product-specific LODs that are analytically achievable. For benthiavalicarb, they also proposed to change the residue definitions for enforcement purposes for benthiavalicarb (sum of benthiavalicarb-isopropyl (KIF-230 R-L) and its enantiomer (KIF-230 S-D)). The Commission considers it appropriate to establish this new residue definition. 

(6) Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. 

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

(8) To allow for the normal marketing, processing and consumption of products, this Regulation should not apply to products which have been placed on the market before the new MRLs become applicable and for which a high level of consumer protection is maintained. 

(9) A reasonable period should be allowed to elapse before the new MRLs become applicable in order to permit Member States, third countries and food business operators to adapt themselves to the requirements which result from the amendments to the relevant MRLs. 

(10) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.