Regulation 2011/1258 - Amendment of Regulation (EC) No 1881/2006 as regards maximum levels for nitrates in foodstuffs - Main contents

EN

Official Journal of the European Union

L 320/15

Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (2) sets maximum levels for nitrates in certain leafy vegetables.

In some cases, despite developments in good agricultural practice, the maximum levels are exceeded and therefore a temporary derogation was granted to certain Member States for the placing on the market of certain leafy vegetables, grown and intended for consumption in their territory with nitrate levels higher than the established maximum levels.

Since the application of the maximum levels of nitrates in lettuce and spinach, many investigations have been performed on the factors involved in the presence of nitrates in lettuce and spinach and on the measures to be taken to reduce the presence of nitrates in lettuce and spinach as much as possible. Despite the progress achieved in the good agricultural practice to reduce the presence of nitrates in lettuce and spinach and a strict application of this good agricultural practice, it is not possible to achieve in a consistent way nitrate levels in lettuce and fresh spinach below the current maximum levels in certain regions of the Union. The reason is that the climate and in particular the light conditions are the main determinant factor in the presence of nitrates in lettuce and spinach. These climate conditions cannot be managed or changed by the producer.

To provide an up-to-date scientific basis for the longer-term strategy for managing the risk arising from nitrates in vegetables, a scientific risk assessment by the European Food Safety Authority (EFSA), taking into account new information, was needed. Such assessment had to take into account any relevant considerations on risks and benefits, for example, weighing the possible negative impact of nitrate versus the possible positive effects of eating vegetables, such as antioxidant activities or other properties that might in some way counteract or provide a balance to the risks arising from nitrates and the resulting nitroso-compounds.

On request of the Commission, the Panel on Contaminants in the Food Chain (the Panel) adopted on 10 April 2008 a Scientific opinion on nitrate in vegetables (3). The Panel compared the risk and benefits of exposure to nitrate from vegetables. Overall, the estimated exposures to nitrate from vegetables are unlikely to result in appreciable health risks, therefore, the recognised beneficial effects of consumption of vegetables prevail. The Panel recognised that there are occasional circumstances (e.g. unfavourable local/home production conditions) for vegetables which constitute a large part of the diet, or individuals with a diet high in vegetables such as rucola which need to be assessed on a case-by-case basis.

Following discussion on appropriate measures and concerns expressed as regards possible risks for infants and young children following acute dietary intake exposure, the Commission asked EFSA for a complementary scientific statement on nitrates in vegetables, whereby the possible risks for infants and young children related to the presence of nitrates in fresh vegetables are assessed in more detail, also considering the acute dietary intake, taking into account recent occurrence data on...