28.5.2011 Official Journal of the European Union L 142/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 524/2011 of 26 May 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 biphenyl, deltamethrin, ethofumesate, isopyrazam, propiconazole, pymetrozine, pyrimethanil and tebuconazole in or on certain products (Text with EEA relevance) THE EUROPEAN COMMISSION, (3)  As regards deltamethrin, such an application was made for the use on potatoes. As regards ethofumesate, such an application was made for the use in herbal infusions ) o for leaves and flowers and thyme. As regards isopyrazam, Having regard to the Treaty on the Functioning of the European such an application was made for the use on’ several Union, cereals. As regards propiconazole, such an application was made for the use on table and wine grapes, and apples As regards pyrimethanil, such an application was Having regard to Regulation (EC) No 396/2005 of the European made for the use on peas with pods. As regards tebu- Parliament and of the Council of 23 February 2005 on coqazole,. such an application was made for the use on maximum residue levels of pesticides in or on food and feed various citrus fruit. of plant and animal origin and amending Council Directive 91/414[EEC (1), and in particular Article 14(1)(a) thereof, 4  In accordance with Article 8 of Regulation (EC) No Whereas: 396/2005, these applications were evaluated by the ‘ Member States concerned and the evaluation reports were forwarded to the Commission. (1) For  deltamethrin, ethofumesate,  propiconazole, pymetrozine and pyrimethanil maximum residue levels (MRLs) were set in Annex I and Part B of Annex III (5> As Regards Dbiphenyl, the Commission received to Regulation (EC) No 396/2005. For tebuconazole, information from Germany and business operators MRLs were set in Part A of Annex Il to Regulation showing the presence of biphenyl on fresh herbs and (EC) No 396/2005. For isopyrazam no MRLs were set herbal infusions containing pesticide residues higher before in any of the Annexes to Regulation (EC) No than the default MRL. Germany submitted an evaluation 396/2005, so the default value of 0.01 mgfkg applied. report and informed that due to the ubiquitous presence Up to now, for biphenyl no specific MRLs were set nor of this substance from various sources it is impossible to was the substance included in Annex IV to Regulation produce herbs,tea rose hips, spices and herbal infusions (EC) No 396/2005. Biphenyl was formerly used as a containing residues of biphenyl complying with the MRL. plant  protection product. In accordance with Referring to the procedure described in Article 16(1) (a) Article 18(1)(b) Regulation (EC) No 396/2005 the of Regulation (EC) No 396/2005 Germany made an default MRL of 0.01 mgfkg is to apply to all products application for temporary MRLs to enable the placing listed in Annex I thereto. on the market of the affected products. (20 In the context of a procedure, in accordance with Council Directive 91/414/EEC of 15 July 1991 (6)  The European Food Safety Authority, hereinafter ‘the 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 pymetrozine on spinach, purslane and beet leaves an application was made under Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs. 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 (}). It forwarded these opinions to the Commission and the Member States and made them available to the public.