Commission directive 1999/39/EC of 6 May 1999 amending Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children (Text with EEA relevance)
Date: 1999-05-06
Institutions: European Commission
Subjects: baby food, cereal product, food hygiene, food inspection, foodstuffs legislation, nutrition

L 124/8

EN

Official Journal of the European Communities

18. 5. 1999

COMMISSION DIRECTIVE 1999/39/EC

of 6 May 1999

amending Directive 96/5/EC on processed cereal-based foods and baby foods for
infants and young children

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 89/398/EEC of 3 May
1989 on the approximation of the laws of the Member
States relating to foodstuffs for particular nutritional
uses (1), as amended by Directive 96/84/EC of the Euro-
pean Parliament and of the Council (2), and in particular
Article 4(1) thereof,

After consulting the Scientific Committee for Food,

(1) Whereas Article 6 of Commission Directive 96/
5/EC (3), as amended by Directive 98/36/EC (4),
provides that processed cereal-based foods and
baby foods shall not contain any substance in such
quantity as to endanger the health of infants and
young children and that necessary maximum levels
for such substances shall be established without
delay;

(2) Whereas different regulations on the maximum
levels of pesticide residues in processed cereal-
based foods and baby foods cause trade barriers
between certain Member States;

(3) Whereas maximum levels for pesticide residues
stipulated in Council Directive 76/895/EEC of 23
November 1976 relating to the fixing of maximum
levels for pesticide residues in and on fruit and
vegetables (5), as last amended by Directive 97/41/
EC (6), in Council Directive 86/362/EEC of 24 July
1986 on the fixing of maximum levels for pesticide
residues in and on cereals (7), as last amended by
Directive 98/82/EC (8),
in Council Directive 86/
363/EEC of 24 July 1986 on the fixing of
maximum levels for pesticide residues in and on
foodstuffs of animal origin (9), as last amended by
Directive 98/82/EC, and in Council Directive 90/
642/EEC of 27 November 1990 on the fixing of
maximum levels for pesticide residues in and on
certain products of plant origin, including fruit and

(1) OJ L 186, 30.6.1989, p. 27.
(2) OJ L 48, 19.2.1997, p. 20.
(3) OJ L 49, 28.2.1996, p. 17.
(4) OJ L 167, 12.6.1998, p. 23.
(5) OJ L 340, 9.12.1976, p. 26.
(6) OJ L 184, 12.7.1997, p. 33.
(7) OJ L 221, 7.8.1986, p. 37.
(8) OJ L 290, 29.10.1998, p. 25.
(9) OJ L 221, 7.8.1986, p. 43.

vegetables (10), as last amended by Directive 98/
82/EC, are without prejudice to specific provisions
applicable to processed cereal-based foods and baby
foods;

(4) Whereas,

taking into account

the Community’s
international obligations, in cases where the rele-
vant scientific evidence is insufficient, the precau-
tionary principle allows the Community to provi-
sionally adopt measures on the basis of available
pertinent
an additional
assessment of risk and a review of the measure
within a reasonable period of time;

information, pending

Scientific Committee

(5) Whereas on the basis of the two opinions given by
for Food on 19
the
September 1997 and 4 June 1998 there are at
presents doubts as to the adequacy of existing
acceptable daily intake values (ADI) for the protec-
tion of the health of infants and young children;
whereas the doubts expressed concern not only
pesticides
also
dangerous chemical substances, and consequently
the Commission will examine the possibility of
fixing, as soon as possible, maximum levels for
heavy metals in foods intended for infants and
young children;

pesticide

residues,

and

but

(6) Whereas, therefore, as far as foods for particular
nutritional uses intended for infants and young
children are concerned, it is appropriate to adopt a
very low common limit for all pesticides pending
case-by-case scientific screening and evaluation of
substances;

(7) Whereas this very low common limit should be
fixed at 0,01 mg/kg which is in practice the
minimum detectable level;

(8) Whereas

the Commission in cooperation with
interesed parties will endeavour to complete the
review without delay and to fix the appropriate and
scientifically justified levels to be incorporated in a
new Annex VII;

(10) OJ L 350, 14.12.1990, p. 71.

18. 5. 1999

EN

Official Journal of the European Communities

L 124/9

(9) Whereas severe limitations on pesticide residues
should be required ; whereas, with careful selection
of raw materials, and given that processed cereal-
based foods and baby foods undergo extensive
processing during their manufacture, it is feasible
to produce products containing very low levels of
pesticide residues;

(10) Whereas, however, for a small number of pesticides
even such low levels might allow the possibility
that under worst-case intake conditions the ADI of
these pesticides is exceeded; whereas,
therefore,
processed cereal-based foods and baby foods should
be free of those particular pesticides and should be
produced without the use of such pesticides;

evaluation of pesticides

(11) Whereas, as and when ADI is derived from the
scientific
carried out
pursuant to Council Directive 91/414/EEC (1), as
last amended by Commission Directive 1999/
1/EC (2), this ADI will be used as the basis for the
establishment of maximum residue limits
for
processed cereal-based foods and baby foods, using,
where appropriate, the approach followed in the
framework of Directives 86/362/EEC, 86/363/EEC
and 90/642/EEC;

(12) Whereas this Directive reflects current knowledge
about these substances; whereas any amendment,
based on scientific or technical progress, will be
decided by the procedure laid down in Article 13
of Directive 89/398/EEC;

(13) Whereas Directive 96/5/EC should be amended

accordingly;

(14) Whereas

in this
the measures provided for
Directive are in accordance with the opinion of the
Standing Committee on Foodstuffs,

HAS ADOPTED THIS DIRECTIVE:

2. Article 6 is replaced by the following:

‘Article 6

1.
Processed cereals-based foods and baby foods
shall not contain any substance in such quantity as to
endanger the health of infants and young children.
Necessary maximum levels
established
without delay.

shall be

Processed cereal-based foods and baby foods shall
2.
not contain residues of individual pesticides at levels
exceeding 0,01 mg/kg, except for those substances for
which specific levels have been set in Annex VII, in
which case these specific levels shall apply.

The above levels apply to processed cereal-based foods
and baby foods as proposed ready for consumption or
as reconstitued according to the instructions of the
manufacturer.

Analytical methods for determining the levels of pesti-
cide residues shall be generally acceptable standardised
methods.

Those pesticides listed in Annex VIII shall not be
3.
used in agricultural products intended for the produc-
tion of processed cereal-based foods and baby foods.

4. Microbiological criteria shall be established as
necessary;'

3. the following Annexes VII and VIII are added:

‘ANNEX VII

Specific maximum residue levels of pesticides
processed cereal-based foods and baby foods

in

Chemical name
of the substance

Maximum Residue Limite (*)

(*) The analytical method used shall be validated and shall have a limit
of detection which allows detection of the substance at the esta-
blished Maximum Residue Limit.

Article 1

ANNEX VIII

Directive 96/5/EC is hereby amended as follows:

1. The following indent is added to Article 1(4):

Pesticides which shall not be used in agricultural prod-
ucts intended for the production of processed cereal-
based foods and baby foods.

‘(cid:190) “pesticide residue”

shall mean the residue in
processed cereal-based foods and baby foods of a
plant protection product, as defined in point 1 of
Article 2 of Council Directive 91/414/EEC (*),
including its metabolites and products resulting
from its degradation or reaction,

Chemical name of the substance

'

Article 2

(*) OJ L 230, 19.8.1991, p. 1'

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 21, 28.1.1999, p. 21.

Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with
this Directive not later than 30 June 2000. They shall
forthwith inform the Commission thereof.

L 124/10

EN

Official Journal of the European Communities

18. 5. 1999

Those laws,
shall be applied in such a way as to:

regulations and administrative provisions

(a) permit trade in products conforming to this Directive

no later than 30 June 2000;

Article 3

This Directive shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities.

(b) prohibit trade in products which do not comply with

this Directive, with effect from 1 July 2002.

This Directive is addressed to the Member States.

Article 4

When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied
by such a reference on the occasion of their official publi-
cation. Member States shall determine how such reference
is to be made.

Done at Brussels, 6 May 1999.

For the Commission

Martin BANGEMANN

Member of the Commission