Commission Regulation (EC) No 1822/2005 of 8 November 2005 amending Regulation (EC) No 466/2001 as regards nitrate in certain vegetables   (Text with EEA relevance)
Date: 2005-11-08
Institutions: European Commission
Subjects: European standard, baby food, cereals, chemical salt, derogation from EU law, food standard, leaf vegetable, public health

9.11.2005

EN

Official Journal of the European Union

L 293/11

COMMISSION REGULATION (EC) No 1822/2005

of 8 November 2005

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

(Text with EEA relevance)

(1)

(2)

(3)

(4)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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:

as

Commission Regulation (EC) No 466/2001 of 8 March
2001 setting maximum levels for certain contaminants in
foodstuffs (2),
amended by Regulation (EC) No
563/2002 (3), makes provision in particular for specific
measures concerning nitrate levels in lettuce and spinach
and lays down transitional periods during which lettuce
and spinach containing nitrate in excess of the maximum
level can be marketed within national territory.

and fresh spinach containing nitrate above the maximum
levels to continue to be marketed, but solely within their
national territory and for national consumption.

Nitrate is present in other vegetables, sometimes at high
levels. To inform future discussions on a longer-term
strategy for managing the risk from nitrate in vegetables,
Member States should monitor nitrate levels in vegetables
and aim to reduce levels where feasible, in particular by
applying improved codes of good agricultural practice.
from the
risk
An updated
European Food Safety Authority would help to clarify
the risks posed by nitrate in vegetables. The maximum
levels laid down in Regulation (EC) No 466/2001 would
be reviewed taking into account information from the
above activities.

assessment

scientific

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

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

opinion

the

the

of

(6)

(7)

(8)

Despite developments in the application of good agri-
cultural practice, monitoring data from Member States
indicate ongoing problems
in complying with the
maximum levels of nitrate for lettuce and spinach.

HAS ADOPTED THIS REGULATION:

Article 1

Many of the failures to comply with the maximum levels
for nitrate in fresh spinach occur in the month of
spinach currently
October. The summer period for
includes October, whereas for lettuce October is in the
winter period. For consistency, October
should be
included in the winter period for fresh spinach.

In regions where there are difficulties to keep nitrate
below the maximum levels for fresh lettuce and fresh
spinach,
for example when associated with less daily
sunlight, certain Member States have requested dero-
gations and provided sufficient information to demon-
strate that investigations are underway to help reduce
levels in the future.

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

1. Article 3 is deleted;

2. the following Article 3a is inserted:

‘Article 3a

Member States shall monitor nitrate levels in vegetables
containing significant levels, in particular green leafy vege-
tables, and communicate the results to the Commission by
30 June each year.’;

3. the following Article 3b is inserted:

(5)

Pending further developments in the application of good
agricultural practice, it is appropriate to authorise those
Member States for a limited period to allow fresh lettuce

‘Article 3b

(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 856/2005 (OJ L 143, 7.6.2005, p. 3).

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

By way of derogation from Article 1(1), Belgium,
1.
Ireland,
the Netherlands and the United Kingdom are
authorised until 31 December 2008 to place on the
market fresh spinach grown and intended for consumption
in their
than the
levels higher
maximum levels set out in point 1.1 of Annex I.

territory with nitrate

L 293/12

EN

Official Journal of the European Union

9.11.2005

By way of derogation from Article 1(1), Ireland and the
2.
United Kingdom are authorised until 31 December 2008 to
place on the market fresh lettuce grown and intended for
consumption in their territory and harvested throughout the
year with nitrate levels higher than the maximum levels set
out in point 1.3 of Annex I.

By way of derogation from Article 1(1), France is authorised
until 31 December 2008 to place on the market fresh lettuce
grown and intended for consumption in its territory and
harvested from 1 October to 31 March with nitrate levels

higher than the maximum levels set out in point 1.3 of
Annex I.’;

4. Section 1 of Annex I to Regulation (EC) No 466/2001 is
replaced by the table as laid down in the Annex to this
Regulation.

Article 2

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

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

Done at Brussels, 8 November 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

9.11.2005

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Official Journal of the European Union

L 293/13

ANNEX

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

‘Section 1: Nitrate

Product

Maximum level (mg NO3/kg)

Sampling method

Reference
analysis
method

1.1. Fresh spinach (1)
(Spinacia oleracea)

Harvested 1 October to
31 March

Harvested 1 April to
30 September

Commission Directive
2002/63/EC (2)

3 000

2 500

2 000

Directive 2002/63/EC

1.2. Preserved, deep-frozen
or frozen spinach

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

1.4. “Iceberg”

type lettuces (4)

1.5. Baby foods and

processed cereal-based
foods for infants and
young children (5) (6)

Harvested 1 October to
31 March:

lettuce grown under cover

lettuce grown in the open air

4 500 (3)

4 000 (3)

Directive 2002/63/EC.
However, the minimum
number of units per laboratory
sample is 10

Harvested 1 April to
30 September:

lettuce grown under cover

lettuce grown in the open air

3 500 (3)

2 500 (3)

Lettuce grown under cover

2 500 (3) Directive 2002/63/EC.

Lettuce grown in the open air

2 000 (3)

200

However, the minimum
number of units per laboratory
sample is 10

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

(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 187, 16.7.2002, p. 30.
(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) 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).

(5) Baby foods and processed cereal-based foods for infants and young children as defined in Article 1 of Commission Directive 96/5/EC,
Euratom of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children (OJ L 49, 28.2.1996,
p. 17). The maximum levels shall apply to the products as proposed ready for consumption or as reconstituted according to the
instructions of the manufacturers.

(6) 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.’