L 301/6 Official Journal of the European Union 17.11.2009 COMMISSION REGULATION (EC) No 1097/2009 of 16 November 2009 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for dimethoate, ethephon, fenamiphos, fenarimol, methamidophos, methomyl, omethoate, oxydemeton-methyl, procymidone, thiodicarb and vinclozolin in or on certain products (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 ('), and in particular Article 14(1)(a), in conjunction with Article 15(1)(a), and Article 49 (2) thereof, Whereas: For dimethoate, ethephon, fenamiphos, fenarimol, methamidophos, methomyl, omethoate, oxydemeton- methyl, procymidone, thiodicarb and vinclozolin maximum residue levels (MRLs) are set in Annex II to Regulation (EC) No 396/2005. New information on the toxicology, consumer exposure or the expected pesticide residues has become available which indicates that the MRLs may raise concerns of consumer protection. In its opinion of 20 October 2008 (?) concerning dime- thoate and omethoate the Authority concluded in particular that at the current MRLs for head cabbage, lettuce, cauliflower, cherries, wheat, peas with pods and Brussels sprouts there is a risk that the Acceptable Daily Intake and the Acute Reference Dose (ARfD) for one or more consumer groups will be exceeded. Therefore the current MRLs for these crops should be lowered. In its opinion of 15 September 2008 (*) concerning ethephon the Authority concluded that at the current MRLs for pineapples, currants, grapes and peppers () OJ L 70, 16.3.2005, p. 1. (%) EFSA scientific report (2008) 172. (%) EFSA scientific report (2008) 159. 4 5 () () (©) () EFSA scientific report EFSA scientific report EFSA scientific report 7) EFSA scientific report there is a risk that the Acute Reference Dose (ARfD) for one or more consumer groups will be exceeded. Therefore the current MRLs for these crops should be lowered. In its opinion of 15 September 2008 (¥) concerning fena- miphos the Authority concluded that at the current MRLs for bananas, carrots, peppers, cucumbers, melons, head cabbage, and sugar beet there is a risk that the Acceptable Daily Intake and the Acute Reference Dose (ARfD) for one or more consumer groups will be exceeded. Therefore the current MRLs for these crops should be lowered. In its opinion of 15 September 2008 (°) concerning fenarimol the Authority concluded that at the current MRLs for bananas, tomatoes and peppers there is a risk that the Acute Reference Dose (ARfD) for one or more consumer groups will be exceeded. Therefore the current MRLs for these crops should be lowered. In its opinion of 15 September 2008 (°) concerning methamidophos the Authority concluded that at the current MRLs for apricots, beans with pods and sugar beet there is a risk that the Acute Reference Dose (ARfD) for one or more consumer groups will be exceeded. Therefore the current MRLs for these crops should be lowered. In its opinion of 26 September 2008 (7) concerning methomyl and thiodicarb the Authority concluded that at the current MRLs for grapes, head cabbage, lettuce, cauliflower, potatoes, tomatoes, aubergines, cucumbers, grapefruit, oranges, lemons, limes, mandarins, peaches, plums, peppers, apples, pears, quinces, bananas, mangoes, pineapples, carrots, celeriac, radishes, swedes, (water) melons, pumpkins, sweet corn, broccoli, kale, kohlrabi, scarole, leeck and sugar beet there is a risk that the Acceptable Daily Intake and the Acute Reference Dose (ARfD) for one or more consumer groups will be exceeded. Therefore the current MRLs for these crops should be lowered. 2008 2008 2008 2008 160. 161. 162. 173. o~~~ —~ 222