Recital (5) · Commission Regulation (EU) 2024/352

(5)The approval of the active substance famoxadone expired on 9 September 2021 as the Commission did not renew the approval. All existing authorisations for plant protection products containing that active substance have been revoked. No MRLs based on import tolerance requests exist. MRLs based on CXLs exist. The European Food Safety Authority (‘the Authority’) published on 30 March 2023 a statement on the targeted risk assessment for famoxadone^note. In the statement, the Authority assessed the CXLs in the light of the lowered toxicological reference values that were established after the non-renewal of approval of the active substance famoxadone by Commission Implementing Regulation (EU) 2021/1379^note. The Authority recommended lowering the MRL of famoxadone in or on table grapes as it could not be excluded that the acute reference dose would be exceeded. MRLs for wine grapes, potatoes, tomatoes, cucumbers, courgettes, barley, wheat, swine (muscle, fat, liver, kidney, edible offal (other than liver and kidney)), bovine (muscle, fat, liver, kidney, edible offal (other than liver and kidney)), sheep (muscle, fat, liver, kidney, edible offal (other than liver and kidney)), goat (muscle, fat, liver, kidney, edible offal (other than liver and kidney)), equine (muscle, fat, liver, kidney, edible offal (other than liver and kidney)), other farmed terrestrial animals (muscle, fat, liver, kidney, edible offal (other than liver and kidney)), poultry, milk and birds eggs were based on CXLs that the Authority had confirmed are safe for consumers. Those MRLs should be maintained at the existing levels according to Article 3(2), point (g), and Article 14(2), points (a), (c) and (e), of Regulation (EC) No 396/2005. For aubergines/eggplants, gherkins, melons, broccoli, cauliflowers, leeks, oat, rye and herbal infusions from flowers for which the MRLs were based on uses in the EU are no longer authorised, it is therefore appropriate to lower the existing MRLs set out for famoxadone in Annex II to Regulation (EC) No 396/2005 to the product specific LOD in accordance with Article 17 of that Regulation, in conjunction with Article 14(1), point (a) and (2) thereof. Additionally, for the avoidance of doubt, the footnote indicating lack of information on analytical methods should be deleted.