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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/EECnote, and in particular Article 4 thereof,Whereas:
(1)The products of plant and animal origin to which the maximum residue levels (‘MRLs’) of pesticides set by Regulation (EC) No 396/2005 apply, are listed in Annex I to that Regulation.
(2)Commission Regulation (EU) 2018/62note introduced a new entry for ‘radish leaves’ in Part B of Annex I to Regulation (EC) No 396/2005, as a product to which the same MRLs as to ‘kales’ were to apply. Following receipt of information suggesting that MRLs for kales may not be suitable for radish leaves in all cases and that specific residue trials on radish leaves were needed to confirm the appropriate MRLs, Commission Regulation (EU) 2018/1049note provided for a transitional period before those MRLs become applicable to ‘radish leaves’ to enable Member States to collect necessary data on whether the MRLs for ‘kales’ are appropriate to be applied to ‘radish leaves’. That period was then extended until 1 January 2025 by Commission Regulation (EU) 2021/1771note.
(3)Member States provided results which indicated that for the radish varieties with small leaves (Raphanus sativus var. radicula) the most similar good agricultural practices were the ones used for Roman rocket/rucola, which belongs to the same botanical family (Brassicaceae) and shares morphological similarities, while for those with large leaves (Raphanus sativus var. longipinnatus and Raphanus sativus var. niger) the most similar good agricultural practices were the ones used for kale.
(4)It is therefore appropriate to include two separate entries for radish leaves in Part B of Annex I to Regulation (EC) No 396/2005, by including a new entry for ‘small radish leaves’ to which the same MRLs as to ‘Roman rocket/rucola’ in Part A of that Annex are to apply, and to modify the existing entry in Part B of Annex I to Regulation (EC) No 396/2005 from ‘radish leaves’ to ‘large radish leaves’ to which the same MRLs as to ‘kales’ in Part A of that Annex are to apply. Those entries should also include the scientific names of the species and varieties to which the products belong.
(5)Since the necessary data has now been provided by Member States, the footnote concerning the transitional period for radish leaves should be deleted from Annex I to Regulation (EC) No 396/2005.
(6)Regulation (EC) No 396/2005 should therefore be amended accordingly.
(7)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1#
Annex I to Regulation (EC) No 396/2005 is amended in accordance with the Annex to this Regulation.
Article 2#
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
(1)the entry (0243020-008) for ‘radish leaves’ is replaced by the following:0243020 | Kales | | 0243020-001 | Borecoles/collards greens/curly kales | Brassica oleracea var. viridis| 0243020-002 | Cow cabbages/stem kales | Brassica oleracea var. acephala subvar. medullosa| 0243020-003 | Cow cabbages/Jersey kales | Brassica oleracea var. longata| 0243020-004 | Kohlrabies leaves | Brassica oleracea var. gongylodes| 0243020-005 | Rape kales/Siberian kales | Brassica napus var. pabularia| 0243020-006 | Portuguese kales/tronchuda kales/Portuguese cabbages | Brassica oleracea convar. costata| 0243020-007 | Palm tree kale/lacinato/black kale | Brassica oleracea var. palmifolia| 0243020-008 | Large radish leaves | Raphanus sativus var. longipinnatus and var. niger
(2)the following new entry for ‘small radish leaves’ (0251060-002) is inserted after ‘wall rocket’ (0251060-001):0251060 | Roman rocket/rucola | | 0251060-001 | Wall rocket | Diplotaxis tenuifolia| 0251060-002 | Small radish leaves | Raphanus sativus var. radicula
(3)footnote (3) is deleted.
Part B of Annex I to Regulation (EC) No 396/2005 is amended as follows:
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