1997R0194 — EN — 15.02.1997 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 194/97
of 31 January 1997
setting maximum levels for certain contaminants in foodstuffs
(Text with EEArelevance)
(OJ L 31, 1.2.1997, p. 48)
Corrected by:
►C1 Corrigendum, OJ L 138, 29.5.1997, p. 31 (194/97)
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▼B
COMMISSION REGULATION (EC) No 194/97
of 31 January 1997
setting maximum levels for certain contaminants in foodstuffs
(Text with EEArelevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 315/93 of 8 February
1993 laying down Community procedures for contaminants in food (1),
and in particular Article 2 thereof,
Whereas Regulation (EEC) No 315/93 provides that maximum levels
must be set for certain contaminants in order to protect public health;whereas these maximum levels must be adopted in the form of anon-exhaustive Community list which may contain levels for the samecontaminant in different foodstuffs and analytical detection limits;whereas the sampling and analysis methods to be applied may bespecified;
Whereas it is essential, in order to protect public health, to keep
contaminant levels at contents which are toxicologically acceptable;whereas contaminants must be eliminated more thoroughly whereverpossible by means of good professional practice;
Whereas vegetables have an essential nutritional function and play an
important role in health protection; whereas the consumption of veget-ables should therefore be encouraged by improving the quality of theproducts on offer;
Whereas some Member States have adopted, or are planning to adopt,
maximum levels for nitrates in certain vegetables;
Whereas, in view of the disparities between Member States and the
consequent risk of distortion of competition, Community measures arenecessary in order to ensure market unity while abiding by the principleof proportionality;
Whereas specific measures designed to provide better control of the
sources of agricultural contamination together with codes of good prac-tice may help to reduce the contaminant levels of certain vegetables andin particular the nitrate levels;
Whereas climatic conditions, production methods and eating habits vary
widely in different parts of the Community; whereas different maximumnitrate levels should therefore be fixed for vegetables depending on theseason; whereas, moreover, Member States should be allowed for atransitional period to authorize the marketing of lettuces and spinachgrown and intended for consumption in their territory with nitrate levelshigher than those fixed in point 1.1 of Part I of the Annex, provided,however, that the quantities present remain acceptable from the point ofview of public health;
Whereas lettuce and spinach producers established in the Member
States which have given the abovementioned authorizations shouldprogressively modify their farming methods by applying the good prac-tice recommended at national level so as to comply at the end of thetransitional period with the maximum levels laid down at Communitylevel;
Whereas it is desirable to achieve common values as soon as possible;Whereas a study should be made, based on the available scientific data,
as to whether maximum contaminant levels should be set for baby foodfor infants and young children;
(1) OJ No L 37, 13. 2. 1993, p. 1.
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Whereas the free movement throughout the Community of foodstuffs
with contaminant levels below or equal to those fixed in the Annexshould be guaranteed;
Whereas the Member States must adopt appropriate surveillance meas-
ures regarding the presence of contaminants in foodstuffs;
Whereas any maximum level adopted at Community level will have to
be revised to take account of the advance of scientific and technicalknowledge and improvements in production practice;
Whereas the levels set for lettuce and spinach should be reviewed and,
if necessary, reduced before 1 October 1998; whereas the review will bebased on the results of controls carried out by the Member States;
Whereas the Scientific Committee for Food has been consulted, in
accordance with Article 3 of Regulation (EEC) No 315/93, on theprovisions liable to affect public health;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Standing Committee on Foodstuffs,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation sets maximum levels for certain contaminants present
in various foodstuffs.
Article 2
1. The products indicated in the Annex to this Regulation must not
when placed on the market contain higher contaminant levels than thosetherein specified.
2. Member States may, where justified, authorize for a transitional
period the placing on the market of lettuces and spinach grown andintended for consumption in their territory with nitrate levels higherthan those set in point 1.1 of Part I of the Annex provided codes ofgood practice are applied to achieve gradual progress towards the levelslaid down at Community level.
3. Member States shall inform the other Member States and the
Commission each year of steps taken to implement paragraph 2.
Article 3
On the basis of the results of controls carried out by the Member States,
the Commission shall proceed, before 1 October 1998 to a review of themaximum levels provided for in the Annex for lettuces and spinach; ifnecessary, these levels shall be reduced.
Article 4
The sampling and analysis methods applied shall be those specified in
the Annex hereto.
Article 5
This Regulation shall enter into force on the 20th day following its
publication in the Official Journal of the European Communities .
It shall apply from 15 February 1997. Notwithstanding Article 2, the
products referred to in point 1.2 of Part I of the Annex which arealready on the market on the date from which this Regulation appliesand which do not conform to the provisions of this Regulation maycontinue to be marketed until stocks are exhausted.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
MAXIMUM LEVELS FOR CERTAIN CONTAMINANTS IN FOODSTUFFS
I.Agricultural contaminants
1. Nitrates
1.1. Fresh vegetables
Product Maximum nitrate levels (1)(mg NO3/kg fresh product) Sampling methodReference analysis
method
Spinach 15 February 1997 to 31 December 1998: Directive 79/700/EEC (3)
(Spinacia oleracea L. )harvested 1 November to 31 March … 3 000
harvested 1 April to 31 October … 2 500
From 1 January 1999 2 500 (2)
Lettuce harvested 1 October to 31 March … 4 500 (2) Directive 79/700/EEC
(Lactuca sativa L. )harvested 1 April to 30 September … 3 500 (2)However, the minimum number of units
per laboratory sample is ten
with the exception of open-grownlettuce harvested 1 May to 31 August … 2 500 (2)
1.2. Other processed vegetables for consumption
Product ►C1Maximum nitrate levels (1) (mg NO3/kg processed product) ◄ Sampling methodReference analysis
method
Preserved, deep-frozen or frozen
spinach2 000 Directive 79/700/EEC
(1) The maximum levels do not apply to food particularly prepared for babies and young children.
(2) Subject to review before 1 October 1998 pursuant to the provisions of Article 3.
(3) OJ No L 207, 15. 8. 1979, p. 26.
II.Other contaminants