11.6.2011 Official Journal of the European Union L 152/1 (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 559/2011 of 7 June 2011 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 captan, carbendazim, cyromazine, ethephon, fenamiphos, thiophanate-methyl, triasulfuron and triticonazole 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)@ and Article 49(2) thereof, Whereas: (1) For captan, carbendazim, cyromazine, ethephon, fena- miphos, thiophanate-methyl, triasulfuron and triti- conazole maximum residue levels (MRLs) are set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. (2)  For captan the Commission was informed that uses on celery, spinach, and parsley were revoked and thus the corresponding MRLs could be reduced without requiring the opinion of the European Food Safety Authority, here- inafter ‘the Authority, in accordance with Article 17 of Regulation (EC) No 396/2005. (3)  For cyromazine an evaluation by the Authority (?) indicated that the MRL for lettuce may raise concerns of consumer protection. The Authority recommended lowering that MRL. These concerns also apply to scarole. () OJ L 70, 16.3.2005, p. 1. (%) EFSA scientific report (2008) 168. (4)  On the basis of additional data submitted by South Africa and Germany, the Authority further refined its earlier evaluation of the consumer exposure for carbendazim () and thiophanate-methyl (*). It concluded that it is necessary to lower the MRLs as regards carbendazim for grapefruits, oranges, and tomatoes and as regards thiophanate-methyl for tomatoes. (5)  For ethephon (%), fenamiphos (%), triasulfuron (7) and triti- conazole (%), the Authority submitted reasoned opinions on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005. The Authority concluded that it is necessary to lower the MRLs as regards tria- sulfuron for barley, oats, rye, and wheat and as regards fenamiphos for tomatoes, aubergines, peppers, water melons, courgettes, Brussels sprouts, bananas, peanuts and oilseeds and to raise the MRL for grapes. As regards triticonazole, the Authority concluded that no MRL needs to be modified. It is appropriate to move the MRLs on new commodities for these four substances, temporarily set in Part B of Annex IIl to Regulation (EC) No 396/2005, to Annex II to that Regulation. (6)  Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regu- lation (EC) No 396/2005. (7)  Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. %) EFSA Scientific Report (2009) 289. 4 5 ) ) See footnote 3. ) EFSA Journal (2009) 7(10): 1347. ) EFSA scientific report (2009) 331. ) ) X 7) EFSA scientific report (2009) 278. ( ( ( E (®) EFSA scientific report (2009) 277.