9.11.2005 Official Journal of the European Union L 29311 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) 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: (1)  Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (3, as amended by Regulation (EC) No 563/2002 (%), 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. (2)  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. (3)  Many of the failures to comply with the maximum levels for nitrate in fresh spinach occur in the month of October. The summer period for spinach currently 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. (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 () 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). (®» OJ L 77,16.3.2001, p. 1. Regulation as last amended by Regulation (EQ) No 856/2005 (O] L 143, 7.6.2005, p. 3). () OJ L 86, 3.4.2002, p. 5. and fresh spinach containing nitrate above the maximum levels to continue to be marketed, but solely within their national territory and for national consumption. (6)  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. An updated scientific risk assessment from the 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. (7)  Regulation (EC) No 466/2001 should be amended accordingly. (8)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS REGULATION: Article 1 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: ‘Article 3b 1. By way of derogation from Article 1(1), Belgium, 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 territory with nitrate levels higher than the maximum levels set out in point 1.1 of Annex I