Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission consultation, 22 February 2024
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Commission consultation: Draft Commssion Regulation amending Annex I to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards radish leaves A copy of the draft is available on this site (click on the image). In addition, a draft Annex is available - see: Draft Regulation MRLs - Annex |
The consultation closes on 21st March 2024. For more details, see the Commission consultation page: Amendment of the Annex relating to the food commodities to which MRLs apply. The following are the opening paragraphs from the draft regulation:
(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) 2018/62 [see Note 1 below] 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) 2018/1049 [see Note 2 below] 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) 2021/1771 [see note 3 below].
(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, 1 OJ L 70, 16.3.2005, p. 1.
Notes:
