13.8.2013 Official Journal of the European Union L 217/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 772/2013 of 8 August 2013 amending Annexes II, IIl and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for diphenylamine in or on certain products (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, has been forwarded to the Commission and the Member States and was made available to the public. (3)  In that opinion the Authority recommends neither the inclusion of diphenylamine in Annex IV to Regulation Having regard to Regulation (EC) No 396/2005 of the European (EC) No 396/2005 nor the inclusion of the CXLs in Parliament and of the Council of 23 February 2005 on Annex II to that Regulation. 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 Articles 14(1)(a) and 18(1)(b) thereof 4 All existing authorisations for plant protection products containing diphenylamine have been revoked. The MRLs set out for this active substance in Annexes II and III Whereas: should therefore be deleted, except for apples and pears. (1) For diphenylamine maximum residue levels (MRLs) were . o set inpAnn}éx Il and Part B of Annex IIl to Regulation () As regards diphenylamine in apples and pears, Member (EC) No 396/2005. Diphenylamine was the subject of States, third countries and food business operators Commission Decision 3009);8 59/EC of 30 No \iember informed the Commission of an unavoidable cross- 2009 concerning the non-inclusion of diphenylamine contamination that affects untreated app les anq pears in Annex I to Council Directive 91/414/EEC and the and.whlc.h is due to the.P resence of res.ldues of d1pher1y— withdrawal of authorisations for plant protection lamine in storage. faahtl.es, m-p articular machlnt?ry, products containing that substance (3) and it is the surfaces anq containers with p artlcglar regard to_bins, subject of Commission Implementing Regulation (EU) and thatt tlfl. tetchmcally notfeasible to - completely No 578/2012 of 29 June 2012 concerning the non- remove at this stage. approval of the active substance diphenylamine, in accordance with Regulation (EC) No 1107/2009 of the Eurqpean Parliament anq of the Council concerning the () Based on the monitoring data received on the cross- placing of plant protection products on the market (3). - I : contamination, it is appropriate to set a temporary MRL as low as possible, given the consumer concerns o . raised by diphenylamine, and that would still allow the &) The European Food .Sz.lfety Authority -(t.he Authority) normal marketing and trade of untreated apples and gave a reasoned opinion on the existing MRLs for cars diphenylamine pursuant to Article 12(1) of Regulation pears. (EC) No 396/2005 on 22 August 2011 (%), examining in particular the risks to the consumer. That opinion (7)  Although no final consumer risk assessment can be () OJ L 70, 16.3.2005, p. 1. () OJ L 314, 1.12.2009, p. 79. () OJ L 171, 30.6.2012, p. 2. () European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for diphenylamine according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2011; 9(8):2336 [20 pp.]. d0i:10.2903j.efsa.2011.2336. performed at this stage due to several data gaps identified by the Authority on the diphenylamine dossier, it can be reasonably expected that a temporary MRL of 0,1 mg/kg, which is 50 times lower than the current MRL of 5 mg/kg, should not pose any unacceptable risk to consumers.