2.10.2012 Official Journal of the European Union L 266/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 897/2012 of 1 October 2012 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 acibenzolar-S-methyl, amisulbrom, cyazofamid, diflufenican, dimoxystrobin, methoxyfenozide and nicotine 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 regards diflufenican, such an application was made for olives for oil production. As regards dimoxystrobin, such an application was made for rye, mustard seed and sunflower seed. As regards methoxyfenozide such an application was made for leafy vegetables and fresh herbs (except scarole, vine leaves, water cress and witloof). maximum residue levels of pesticides in or on food and feed 4 In accordance with Article 8 of Regulation (EC) No of plant and animal origin and amending Council Directive 396/2005 these applications were evaluated by the 91/414[EEC ('), and in particular Article 14(1)(a) thereof, Member States concerned and the evaluation reports were forwarded to the Commission. Whereas: (5)  As regards nicotine in wild mushrooms, temporary MRLs were set with a condition to review those MRLs based on (1) For acibenzolar-S-methyl, cyazofamid and methoxyfe- the evaluation of new data and information, including nozide maximum residue levels (MRLs) were set in any scientific evidence on the natural occurrence or Annex II and Part B of Annex III to Regulation (EC) formation of nicotine in wild fungi. The Commission No 396/2005. For amisulbrom, diflufenican, dimoxy- received new data and information from European food strobin and nicotine, MRLs were set in Part A of business operators, which confirm the presence of Annex III to Regulation (EC) No 396/2005. nicotine in wild mushrooms at levels compatible with the current MRLs. However, scientific evidence is still not available to demonstrate that nicotine occurs naturally in wild mushrooms and to elucidate its (2)  In the context of a procedure for the authorisation of the mechanism of formation. Therefore, the management use of a plant protection product containing the active decision taken at the Standing Committee of the Food substance acibenzolar-S-methyl on lettuce and other Chain and Animal Health (SCOFCAH) on 11 May 2009 salad plants including Brassicaceae an application was regarding the levels set in wild mushrooms for two years made under Article 6(1) of Regulation (EC) No is still valid although, it is appropriate to extend the 396/2005 for modification of the existing MRLs. validity of these MRLs for another two years, pending the availability of such information. (3)  As regards amisulbrom, such an application was made for tomatoes, aubergines and lettuce. As regards cyazo- famid, such an application was made for horseradish. As (6)  The European Food Safety Authority, hereinafter "the () O] L 70, 16.3.2005, p. 1. Authority", assessed the applications and the evaluation reports, examining in particular the risks to the consumer