Commission Regulation (EC) No 655/2004 of 7 April 2004 amending Regulation (EC) No 466/2001 as regards nitrate in foods for infants and young children (Text with EEA relevance)
Date: 2004-04-07
Institutions: European Commission
Subjects: baby food, chemical salt, food standard

L 104/48

EN

Official Journal of the European Union

8.4.2004

COMMISSION REGULATION (EC) No 655/2004

of 7 April 2004

amending Regulation (EC) No 466/2001 as regards nitrate in 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 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,

After consulting the Scientific Committee on Food,

Whereas:

(4)

(5)

(6)

(7)

It is appropriate for the health protection of infants and
young children, a vulnerable population group, to estab-
lish a low maximum level, which is achievable through a
strict selection of the raw materials used for the manu-
facturing of processed cereal-based foods and baby
foods.

Commission Directive 2002/63/EC (5) establishes Com-
munity methods of sampling for the official control of
pesticide residues in and on products of plant and
animal origin and repeals Directive 79/700/EEC (6). The
provisions of the Directive are appropriate for sampling
for official control of nitrate.

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,

(1)

(2)

(3)

Commission Regulation (EC) No 466/2001 (2)
sets
maximum levels for certain contaminants in foodstuffs,
including foods intended for infants and young children
covered by Commission Directive 96/5/EC of 16
February 1996 on processed cereal-based foods and
baby foods for infants and young children (3).

HAS ADOPTED THIS REGULATION:

Article 1

According to Regulation (EC) No 466/2001 specific
maximum levels of contaminants for food intended for
infants and young children should be established by 5
April 2004.

Maximum levels for nitrate are set for certain vegetables
in Regulation (EC) No 466/2001 as amended by Regu-
lation (EC) No 563/2002 (4) in response to the opinion
of the Scientific Committee on Food of 1995. In order
to protect public health,
in particular in view of the
possible association with the formation of carcinogenic
substances such as nitrosamines,
the level of nitrate
should be reduced to as low as reasonably achievable

(1) OJ L 37, 13.2.1993, p. 1. Regulation as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1)

(2) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation

(EC) No 455/2004 (OJ L 74, 12.3.2004, p. 11).

(3) OJ L 49, 28.2.1996, p. 17. Directive as last amended by Directive

2003/13/EC (OJ L 41, 14.12.2003, p. 33).

(4) OJ L 86, 3.4.2002, p. 5.

Annex I of Regulation (EC) No 466/2001 is amended in
accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.

It shall apply from 1 October 2004.

This Regulation shall not apply to products which were placed
on the market before 1 October 2004 in conformity with the
provisions applicable. The burden of proving when the
products were placed on the market shall be borne by the food
business operator.

(5) OJ L 187, 16.7.2002, p. 30.
(6) OJ L 207, 15.8.1979, p. 26.

8.4.2004

EN

Official Journal of the European Union

L 104/49

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

Done at Brussels, 7 April 2004.

For the Commission

David BYRNE

Member of the Commission

In Section 1., Nitrates, of Annex I the following point 1.5 is added:

ANNEX

Product

‘1.5. Baby foods and processed cereal-
based foods for infants and young
children (1) (2)

Maximum level
(mg NO3/kg)

200

Sampling method

Reference analysis
method

Commission Directive
2002/63/EC
(provisions as foreseen for processed
foods of plant origin and for processed
foods of animal origin)

(1) Baby foods and processed cereal-based foods for infants and young children as defined in Article 1 of Commission Directive 96/5/EC
of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children. The maximum levels shall
apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers.
(2) The Commission shall review the maximum levels for nitrate in foods for infants and young children by 1 April 2006 taking into

account the progress in scientific and technological knowledge.’