2002R0563 — EN — 23.04.2002 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No563/2002
of2April2002
amendingRegulation(EC)No466/2001settingmaximumlevelsforcertaincontaminantsinfood-
stuffs
(OJ L 86, 3.4.2002, p. 5)
Corrected by:
►C1Corrigendum, OJ L 155, 14.6.2002, p. 63 (563/2002)
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COMMISSIONREGULATION(EC)No563/2002
of2April2002
amendingRegulation(EC)No466/2001settingmaximumlevelsfor
certain contaminantsinfoodstuffs
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(3) thereof,
Whereas:
(1)Regulation (EEC) No 315/93 provides that maximum levels
must be set for certain contaminants in foodstuffs in order toprotect public health.
(2)Commission Regulation (EC) No 466/2001(2), as last amended
by Regulation (EC) No 472/2002(3), applies from 5 April 2002,
replacing Commission Regulation (EC) No 194/97 of 31 January1997 setting maximum levels for certain contaminants in food-stuffs(
4), as amended in particular by Regulation (EC) No 864/
1999(5), setting maximum levels for nitrate in lettuce and
spinach.
(3)Member States are required to communicate the results of their
monitoring and report on the measures taken and the progresswithregard to th e application of codes of good agricultural prac-tice to reduce nitrate levels. Using this information the
Commission shall proceed every three years, and before 1
January 2002 for the first time, to a review of the maximumlevels for nitrates in lettuce and spinach, with the overall objec-tive of reducing the said levels.
(4)Annual monitoring data from Member States show reductions inlevels of nitrates in lettuce. Lower maximum levels for certaincategories of lettuce are reasonably achievable based upon goodproduction practice. In some regions nitrate levels are reported tobe frequently higher than those set in the Annex of Regulation(EC) No 466/2001, although the general trend shows that the
levels of nitrate in lettuce are decreasing. The levels of nitrate
in spinachsh ow no clear trend for reduction. Some MemberStates need to maintain the established transitional period toauthorise the placing on the home market of lettuce and/orspinachgrown and intended for consumption in th eir territory.
For lettuce this transitional period should be time-limited, but
for spinachan end date is not yet foreseen.
(5)Regulation (EC) No 466/2001 should be amended accordingly.
(6)The measures provided for in this Regulation are in accordancewith the opinion of the Standing Committee on the Food Chainand Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 466/2001 is amended as follows:
1. Article 3(1) is replaced by the following:2002R0563 — EN — 23.04.2002 — 000.001 — 2
(1) OJ L 37, 13.2.1993, p. 1.
(2) OJ L 77, 16.3.2001, p. 1.
(3) OJ L 75, 16.3.2002, p. 18.
(4) OJ L 31, 1.2.1997, p. 48.
(5) OJ L 108, 27.4.1999, p. 16.
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‘1. Member States may, where justified, authorise for a transi-
tional period the placing on the market of fresh lettuces and freshspinach, grown and intended for consumption in their territory,
with nitrate levels higher than those set as maximum levels in points
1.1, 1.3 and 1.4 of the Annex provided that codes of good agricul-tural practice are applied to achieve gradual progress towards thelevels laid down in this Regulation.
The transitional period:
(a) withregard to lettuces, sh all cease on 1 January 2005;
(b) with regard to spinach, shall be reviewed not later than 1
January 2005.
Member States shall inform the other Member States and the
Commission eachyear of steps taken to implement th e first sub-paragraph.’
2. Section 1 of Annex 1 is replaced by the text in the Annex to this
Regulation.
Article 2
This Regulation shall enter into force on the 20th day following that of
its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R0563 — EN — 23.04.2002 — 000.001 — 3
▼C1
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ANNEX
Section 1 of Annex I to Regulation (EC) No 466/2001 concerning nitrates shall be replaced by the
following:
ProductMaximum level
(mg NO3/kg)Sampling methodReference
analysis
method
‘1.1. Fresh
spinach(1)(Spinacia
oleracea)Harvested 1
November to 31
March3 000 Commission Direc-
tive 79/700/EEC (2)
Harvested 1 April to
31 October2 500
1.2. Preserved, deep-
frozen or frozen
spinach2 000 Directive 79/700/
EEC
1.3. FreshLettuce
(Lactuca sativa L.)
(protected and open-
grown lettuce)
excluding lettuce listed
in point 1.4.Harvested 1 October
to 31 March:Directive 79/700/
EEC. However, the
minimum number of
units per laboratory
sample is 10— lettuce grown
under cover4 500(3)
— grown in the open
air4 000(3)
Harvested 1 April to
30 September:
— lettuce grown
under cover3 500(3)
— lettuce grown in
the open air2 500(3)
1.4. “Iceberg” type
lettuces (4)Lettuce grown under
cover2 500(3) Directive 79/700/
EEC. However, the
minimum number of
units per laboratory
sample is 10Lettuce grown in the
open air2 000(3)
(1) Th e maximum levels for freshspinachdo not apply for freshspinachto be subjected to processing and wh ichis
directly transported in bulk from field to processing plant.
(2) OJ L 207, 15.8.1979, p. 26.
(3) In the absence of appropriate labelling, indicating the production method, the level established for open grown
lettuce applies.
(4) Described in Commission Regulation (EC) No 1543/2001 of 27 July 2001, laying down the marketing standard
for lettuces and curled-leaved and broad-leaved (Batavian) endives (OJ L 203, 28.7.2001, p. 9).’2002R0563 — EN — 23.04.2002 — 000.001 — 4