6.11.2009 Official Journal of the European Union L 2907 COMMISSION REGULATION (EC) No 1050/2009 of 28 October 2009 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 azoxystrobin, acetamiprid, clomazone, cyflufenamid, emamectin benzoate, famoxadone, fenbutatin oxide, flufenoxuron, fluopicolide, indoxacarb, ioxynil, mepanipyrim, prothioconazole, pyridalyl, thiacloprid and trifloxystrobin 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 (1), and in particular Article 14(1) thereof, Whereas: For azoxystrobin, acetamiprid, famoxadone, fenbutatin oxide, indoxacarb, ioxynil, mepanipyrim, thiacloprid and trifloxystrobin maximum residue levels (MRLs) were set in Annexes II and Il to Regulation (EC) No 396/2005. For clomazone, cyflufenamid, flufenoxuron, fluopicolide and prothioconazole, MRLs were set in Annex III to Regulation (EC) No 396/2005. For emamectin benzoate and pyridalyl no specific MRLs were set nor were the substances included in Annex IV to Regulation (EC) No 396/2005. In the context of a procedure, in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (%), for the authorisation of the use of a plant protection product containing the active substance azoxystrobin on beet leaves and broccoli an application was made under Article 6(1) of Regulation (EC) No 396/2005 for modifications of the existing MRLs. As regards acetamiprid, such an application was made for the use on cress, spinach and herbs, except parsley. As regards clomazone, such an application was made for the use on herbs. As regards cyflufenamid, such an appli- cation was made for the use on oats. In view of that application, it is also necessary to modify the existing MRLs for animal products, since this cereal is used as feed. As regards emamectin benzoate, such an appli- cation was made for the use on pome fruit, peaches and nectarines, table and wine grapes, strawberries, tomatoes, aubergines, pepper, cucurbits (edible and inedible peel), cauliflower, broccoli, head cabbage, lettuce and other salad plants, scarole, herbs, fresh beans (with and without pods), peas with pods and artichokes. As regards famoxadone, such an application was made for the use on flowers of herbal infusions. As regards fenbutatin oxide, such an application was made for the use on tomatoes. As regards indoxacarb, such an appli- cation was made for the use on small fruits and berries except gooseberries and currants. As regards ioxynil, such an application was made for the use on rye and triticale. In view of that application, it is also necessary to modify the existing MRLs for meat, liver, kidney and fat from bovines, sheep and goats, since those cereals are used in feed for these animals. As regards mepanipyrim, such an application was made for the use on courgette. As regards prothioconazole, such an application was made for the use on head cabbage and Brussels sprouts. As regards pyridalyl, such an application was made for the use on tomatoes, aubergines, peppers, cucurbits (inedible peel), lettuce and cotton seed. As regards thiacloprid, such an application was made for the use on leeks and spring onions. As regards trifloxystrobin, such an appli- cation was made for the use on head cabbage, celery, blue berries, lettuce, herbs, scarole and Brussels sprouts. In accordance with Article 6(2) of Regulation (EC) No 396/2005 applications were made for flufenoxuron on tea, fluopicolide on peppers and for trifloxystrobin on passion fruit. The authorised use of flufenoxuron on tea shrubs in Japan leads to higher residues than the present MRL in Annex III. To avoid trade barriers for the importation of Japanese tea, a higher MRL is necessary. The authorised use of fluopicolide on pepper plants in the USA leads to higher residues than the present MRL in Annex III. To avoid trade barriers for the importation of American peppers, a higher MRL is necessary. The authorised use of trifloxystrobin on passion fruit in Kenya leads to higher residues than the present MRL in Annex III. To avoid trade barriers for the importation of Kenyan passion fruits, a higher MRL is necessary. In accordance with Article 8 of Regulation (EC) No 396/2005, these applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission.