17.4.2012 Official Journal of the European Union L 105/1 (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 322/2012 of 16 April 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 clopyralid, dimethomorph, fenpyrazamine, folpet and pendimethalin 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 (1), and in particular Article 14(1)(a) thereof, Whereas: For folpet and pendimethalin maximum residue levels (MRLs) were set in Annex Il and Part B of Annex III to Regulation (EC) No 396/2005. For clopyralid and dimethomorph MRLs were set in Part A of Annex III to Regulation (EC) No 396/2005. For fenpyrazamine, no MRLs were set before in any of the Annexes to Regulation (EC) No 396/2005, so the default value of 0,01 mg/kg applied. In the context of a procedure, for the authorisation of the use of a plant protection product containing the active substance dimethomorph on spinach and beet leaves an application was made under Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs. As regards clopyralid, such an application was made for cauliflower, broccoli, head cabbage, linseed, swedes, turnips and animal products, taking into account uses on animal feed crops fed to domestic food producing animals. As regards fenpyrazamine, such an application () O] L 70, 16.3.2005, p. 1. (6) ) was made for grapes, tomatoes, peppers, aubergines, and cucurbits with edible peel. As regards folpet, such an application was made for wine grapes, garlic and tomatoes. As regards pendimethalin, such an application was made for leafy brassica, kohlrabi and herbs. 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. The European Food Safety Authority, hereinafter "the Authority", assessed the applications and the evaluation reports, examining in particular the risks to the consumer and where relevant to animals and gave reasoned opinions on the proposed MRLs (3). It forwarded these opinions to the Commission and the Member States and made them available to the public. The Authority concluded in its reasoned opinions that, as regards use of folpet on wine grapes, a potential risk to consumer health could not be excluded, if the MRL was raised, as requested by the applicant. Therefore, the MRL should not be raised. As regards clopyralid on milk, the EFSA scientific reports available on http://www.efsa.europa.eu: European Food Safety Authority; Setting of MRLs for fenpyrazamine in table grapes, wine grapes, tomatoes, aubergines, peppers and cucurbits with edible peel. EFSA Journal 2011; 9(10):2403. [30 pp.]. European Food Safety Authority; Modification of the existing MRLs for dimethomorph in spinach and beet leaves (chard). EFSA Journal 2011; 9(11):2437. [24 pp.]. European Food Safety Authority; Modification of the existing MRLs for clopyralid in various commodities. EFSA Journal 2011; 9(10):2418. [40 pp.]. European Food Safety Authority; Modification of the existing MRLs for pendimethalin in various crops.EFSA Journal 2011; 9(10):2400. [31 pp.]. European Food Safety Authority; Modification of the existing MRLs for folpet in wine grapes, garlic and tomatoes. EFSA Journal 2011; 9(9):2391. [40 pp.].