Commission Regulation (EC) No 864/1999 of 26 April 1999 amending Regulation (EC) No 194/97 setting maximum levels for certain contaminants in foodstuffs - (Text with EEA relevance)
Date: 1999-04-26
Institutions: European Commission
Subjects: chemical salt, food contamination, food inspection, food standard, leaf vegetable

L 108/16

EN

Official Journal of the European Communities

27. 4. 1999

COMMISSION REGULATION (EC) No 864/1999

of 26 April 1999

amending Regulation (EC) No 194/97 setting maximum levels for certain
contaminants in foodstuffs

(Text with EEA relevance)

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,

taking into account

being, given the short period of
time between
application and revision of the measures, to fix
maximum levels for nitrates in spinach as low as
reasonably achievable,
the
application of codes of good practice; whereas it is
therefore appropriate to maintain the current
maximum limits for nitrates in fresh spinach and
to provide that these levels will be reviewed in a
three-year period; whereas this review will be based
on monitoring carried out by the Member States
and the application of codes of good practice to
reduce nitrate levels;

(1) Whereas Commission Regulation (EC) No 194/97
of 31 January 1997 setting maximum levels for
certain contaminants
last
amended by Regulation (EC) No 1525/98 (3), fixes
maximum nitrate levels for spinach, lettuce and
preserved, deep-frozen or frozen spinach;

in foodstuffs (2),

as

(2) Whereas Article 3 of the said Commission Regula-
tion stipulates that the Commission shall proceed,
before 1 October 1998 to a review of the maximum
levels provided for in the Annex for lettuces and
spinach, on the basis of the results of controls
carried out by the Member States;

(3) Whereas codes of good practice to reduce the
nitrate levels in spinach and lettuce have been put
in place by Member States as provided for in
Article 2(2) and (3) of the said Commission Regula-
tion; whereas it
the period
between the application of the measures and the
revision of the maximum levels is too short to
result in significant decreases in nitrate levels in
spinach and lettuce, taking into account the major
influence of climatic conditions on the level of
nitrates in lettuce and spinach;

is recognised that

(4) Whereas the results of controls carried out by the
Member States indicate that the maximum levels
for nitrates in fresh spinach are in several cases
exceeded; whereas
several Member States have
authorised for a transitional period the placing on
the market of spinach grown and intended for
consumption in their territory with nitrate levels
higher than those set in point 1.1 of Part I of the
is not possible for the time
Annex; whereas it

(1) OJ L 37, 13.2.1993, p. 1.
(2) OJ L 31, 1.2.1997, p. 48.
(3) OJ L 201, 17.7.1998, p. 43.

(5) Whereas the results of controls carried out by the
Member State indicate that there is no possibility
for the time being to reduce the maximum levels
for lettuce;

lettuce

(6) Whereas some Member states still need a trans-
itional period to authorise the placing on the
market of
grown and intended for
consumption in their territory with nitrate levels
higher than those set in point 1.1 of Part I of the
Annex; whereas it is appropriate to review each
three years the maximum levels for nitrates in
lettuce on the basis of the application of good
practice to reduce nitrates levels and the results of
controls carried out by the Member States in order
to fix the maximum levels as low as reasonably
achievable;

(7) Whereas the monitoring and the application of
good practices shall be carried out using means
proportionate to the desired objective, the obtained
monitoring results and, particularly, in the light of
the risks and of experience gained; whereas the
application of codes of good practice in some
Member States will be closely observed; whereas it
States
is
therefore
communicate
their
monitoring and report on the measures taken and
the progress with regard to the application of codes
of good practices to reduce nitrate levels and that
an exchange of views with the Member States on
these reports will take place annually;

that Member
results of
the

appropriate
each year

27. 4. 1999

EN

Official Journal of the European Communities

L 108/17

(8) Whereas lower limits are fixed for open-grown
lettuce than for lettuce grown under glass, and in
order to allow effective control the limits set for
open grown lettuce should apply also to lettuce
grown under glass in the absence of precise label-
ling;

to

affect public health; whereas

(9) Whereas the Scientific Committee for Food has
been consulted, in accordance with Article 3 of
Regulation (EEC) No 315/93, on the provisions
liable
the
Committee in its opinion on nitrate and nitrite of
22 September 1995 recommended continuation of
efforts to reduce exposure to nitrates via food and
water and urged that good agricultural practices are
adopted to ensure nitrate levels are as low as
possible;

(10) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Standing Committee on Foodstuffs,

HAS ADOPTED THIS REGULATION:

monitoring and report on the measures taken and the
progress made with regard to the application and
improvement of codes of good practices to reduce
nitrate levels. This information shall also contain the
data on which their codes of good practice are based.

The Member States, who do not apply Article 2(2) of
this Regulation, shall carry out the monitoring and the
application of good practices using means propor-
obtained
tionate
monitoring results and, particularly, in the light of the
risks and of experience gained.

the desired objective,

the

to

On the basis of the results of controls carried out by
the Member States to check compliance with the
maximum limits laid down in the Annex, the reports
with regard to the application and improvement of
codes of good practice to reduce nitrate levels and the
evaluation of the data on which the Member States
the
have based their good agricultural practices,
Commission shall proceed each three years and before
31 December 2001 for the first time, to a review of the
provisions of this Regulation.';

Article 1

2. the Annex is amended in accordance with the Annex

hereto.

Regulation (EC) No 194/97 is hereby amended as follows:

1. Article 3 is replaced by the following:

Article 2

‘Article 3

Member States shall each year communicate to the
their
Commission by 30 June,

results of

the

This Regulation shall enter into force on the 20th day
following 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.

Done at Brussels, 26 April 1999.

For the Commission

Franz FISCHLER

Member of the Commission

L 108/18

EN

Official Journal of the European Communities

27. 4. 1999

In the Annex, point ‘1. Nitrates' under heading ‘I. Agricultural contaminants' is replaced by the following:

ANNEX

‘1. Nitrates

1.1. Fresh vegetables

Product

Spinach (7)
(Spinacia oleracea)

Lettuce (Lactuca sativa L.)
(protected and open-grown
lettuce)

Maximum nitrate levels (1)
(mg NO
/kg fresh product)
3

Sampling method

Reference
analysis
method

Harvested 1 November to 31 March . . . . . . . . . .

3 000 (2)

Commission
79/700/EEC (3)

Directive

Harvested 1 April to 31 October . . . . . . . . . . . . . . .

2 500 (2)

Harvested 1 October to 31 March . . . . . . . . . . . . .

4 500 (2)

Directive 79/700/EEC

However,
the minimum
number of units per labo-
ratory sample is 10

Harvested 1 April to 30 September . . . . . . . . . . . .

3 500 (2) (8)

with the exception of open grown lettuce
harvested from 1 May to 31 August . . . . . . . . . .

2 500 (2) (8)

1.2. Other processed vegetables for consumption

Product

Maximum nitrate levels (1)

(mg NO
3

/kg processed product)

Sampling method

Reference
analysis
method

Preserved, deep-frozen or
frozen spinach

2 000

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 31 December 2001 pursuant to the provisions of Article 3.
(3) OJ L 207, 15.8.1979, p. 26.
(7) The maximum limits for fresh spinach do not apply for fresh spinach to be subjected to processing and which is directly transported in bulk from

field to processing plant.

(8) In the absence of appropriate labelling, indicating the production method, the limit established for the open-grown lettuce applies.'