Commission Regulation (EC) No 563/2002 of 2 April 2002 amending Regulation (EC) No 466/2001 setting maximum levels for certain contaminants in foodstuffs
Date: 2002-04-02
Institutions: European Commission
Subjects: consumer protection, food standard, foodstuff, leaf vegetable, public health, toxic substance

3.4.2002

EN

Official Journal of the European Communities

L 86/5

COMMISSION REGULATION (EC) No 563/2002

of 2 April 2002

amending Regulation (EC) No 466/2001 setting maximum levels for certain contaminants in
foodstuffs

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,

on the home market of lettuce and/or spinach grown
and intended for consumption in their territory. For
lettuce this transitional period should be time-limited,
but for spinach an end date is not yet foreseen.

(5)

(6)

Regulation (EC) No 466/2001 should be amended
accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

Whereas:

Regulation (EEC) No 315/93 provides that maximum
levels must be set for certain contaminants in foodstuffs
in order to protect public health.

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

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 January 1997 setting maximum
levels
in foodstuffs (4), as
amended in particular by Regulation (EC) No 864/
1999 (5), setting maximum levels for nitrate in lettuce
and spinach.

for certain contaminants

Member States are required to communicate the results
of their monitoring and report on the measures taken
and the progress with regard to the application of codes
of good agricultural practice 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 maximum levels for nitrates in
lettuce and spinach, with the overall objective of
reducing the said levels.

in levels of nitrates

Annual monitoring data from Member States show
in lettuce. Lower
reductions
maximum levels for certain categories of
lettuce are
reasonably achievable based upon good production
practice. In some regions nitrate levels are reported to be
frequently higher than those set in the Annex of Regula-
tion (EC) No 466/2001, although the general
trend
shows that the levels of nitrate in lettuce are decreasing.
The levels of nitrate in spinach show no clear trend for
reduction. Some Member States need to maintain the
established transitional period to authorise the placing

(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.

Article 1

Regulation (EC) No 466/2001 is amended as follows:

1. Article 3(1) is replaced by the following:

‘1. Member States may, where justified, authorise for a
transitional period the placing on the market of
fresh
lettuces and fresh spinach, 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 agricultural prac-
tice are applied to achieve gradual progress towards the
levels laid down in this Regulation.

The transitional period:

(a) with regard to lettuces, shall 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 each year of steps taken to implement the
first sub-paragraph.’

2. Annex I is replaced by the text in the Annex to this Regula-

tion.

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.

L 86/6

EN

Official Journal of the European Communities

3.4.2002

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 April 2002.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Section 1 of Annex I to Regulation (EC) No 466/2001 concerning nitrates shall be replaced by the following:

Product

Maximum level
3/kg)

(mg NO

Sampling method

Reference
analysis
method

‘1.1. Fresh spinach (1) (Spinacia oleracea)

Harvested 1 November to 31 March

Harvested 1 April to 31 October

3 000

2 500

Commission Directive 79/700/EEC (2)

1.2. Preserved, deep-frozen or frozen

spinach

2 000

Directive 79/700/EEC

1.3. Fresh Lettuce (Lactuca sativa L.)
(protected
open-grown
and
lettuce) excluding lettuce listed
in point 1.4.

Harvested 1 October to 31 March:

— lettuce grown under cover

— grown in the open air

4 500 (3)

4 000 (3)

Directive 79/700/EEC. However, the
minimum number of units per labo-
ratory sample is 10

Harvested 1 April to 30 September:

— lettuce grown under cover

3 500 (3)

— lettuce grown in the open air

2 500 (3)

1.4. “Iceberg” type lettuces (4)

Lettuce grown under cover

Lettuce grown in the open air

2 500 (3)

2 000 (3)

Directive 79/700/EEC. However, the
minimum number of units per labo-
ratory sample is 10

(1) The maximum levels 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.
(2) OJ L 207, 15.8.1979, p. 26.
(3) In the absence of appropriate labelling,
(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)

indicating the production method, the level established for open grown lettuce applies.

endives (OJ L 203, 28.7.2001, p. 9).’