28.8.2010 Official Journal of the European Union L 226/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 765/2010 of 25 August 2010 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 chlorothalonil clothianidin, difenoconazole, fenhexamid, flubendiamide, nicotine, spirotetramat, thiacloprid and thiamethoxam in or on certain products (Text with EEA relevance) THE EUROPEAN COMMISSION, (3)  As regards chlorothalonil, such an application was made for the use on barley. In view of that application, it is necessary to set MRLs for meat, fat, liver, kidney and milk from bovines, sheep and goats, since cereals are Having regard to the Treaty on the Functioning of the European used as feed and residues may end up on forage for Union, these animals. As regards fenhexamid, such an appli- cation was made for the use on lettuce. As regards flubendiamide, such an application was made for the use on aubergine, cucurbits and beans with pods. As Having regard to Regulation (EC) No 396/2005 of the European regards spirotetramat, such an application was made Parliament and of the Council of 23 February 2005 on for the use on onions. As regards thiacloprid, such an maximum residue levels of pesticides in or on food and feed application was made for the use on strawberries, while of plant and animal origin and amending Council Directive also a Codex MRL exists for that combination. As regards 91/414[EEC (), and in particular Article 14(1)(a) thereof, thiamethoxam, such an application was made for carrots. In view of residues of clothianidin caused by the use of thiamethoxam, it is also necessary to modify the MRL for clothianidin on carrots. Whereas: (1) For. chlorothalonil, fenhexamid -and thiacloprid maximum @  In accordance with Article 8 of Regulation (EC) No residue levels (MRLs) were set in Annex Il and Part B of . Annex 11l to Regulation (EC) No 396/2005. For clo- 396/2005, these applications were evaluat‘ed by the g N L . Member States concerned and the evaluation reports thianidin, difenoconazole, flubendiamide, spirotetramat P ded to the € . and thiamethoxam, MRLs were set in Part A of Annex were forwarded to the Commission. I to Regulation (EC) No 396/2005. Up to now, for nicotine no specific MRLs were set nor was that substance included in Annex IV to Regulation (EC) No 396/2005. (5)  As regards nicotine in wild fungi, the Commission received information from Member States and business operators showing the presence of nicotine in wild fungi (9 In the context of a procedure, in accordance with leading to higher residues than the default MRL of Council Directive 91/414/EEC of 15 July 1991 0,01 mg/kg laid down in that Regulation. 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 dife- noconazole on swedes and turnips an application was made under Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs. (6)  The European Food Safety Authority, hereinafter ‘the () O] L 70, 16.3.2005, p. 1. () O] L 230, 19.8.1991, p. 1. Authority, assessed the applications and the evaluation reports, examining in particular the risks to the consumer and where relevant to animals and gave reasoned