23.9.2014 Official Journal of the European Union L 2791 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 991/2014 of 19 September 2014 amending Annex III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for fosetyl in or on certain products (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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) and Article 16(1)(a) thereof, Whereas: (1)  For fosetyl, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. (2)  The residue definition for monitoring applicable to fosetyl comprises the parent compound fosetyl, the degrada- tion product phosphorous acid and their salts. Salts of phosphorous acid are named phosphonates. (3)  The Commission received information from Member States and business operators showing the presence of phos- phonates in or on certain products leading to higher residues than the MRL of 2 mg/kg laid down in Regulation (EC) No 396/2005 for those products, corresponding to the limit of determination. (4)  The Commission collected monitoring data in 2014 to investigate the presence of phosphonates in food. Those data were generated by food business operators and showed that phosphonates are present at levels that vary depending on the source and product, but frequently exceed the MRL set at the limit of determination of 2 mglkg. Further data analysis indicated that the vast majority of non-compliant samples contain residues of phosphorous acid and its salts in excess of the limit of determination while residues of fosetyl and its salts remain below the limit of determination. (5)  Although phosphonates have not been included in Annex I to Regulation (EC) No 2003/2003 of the European Parliament and of the Council (%) by virtue of Article 14 of that Regulation, they could be contained in fertilisers authorised at national level, notably certain fertiliser products applied to the leaves of plants (foliar fertilisers). Given the lack of relevant authorisations for plant protection products containing fosetyl both in the Union and in third countries that are important exporters of the concerned food products into the Union, the scarcity of detectable residues for fosetyl and its salts, and the use of phosphonates as ingredient in foliar fertiliser products, it can be reasonably assumed that residues are a consequence of the application of foliar fertiliser products containing phosphonates. () OJL70,16.3.2005, p. 1. (¥ Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (O] L 304, 21.11.2003, p. 1).