L 108/16 Official Journal of the European Communities 27.4.1999 COMMISSION REGULATION (EC) No 864/1999 of 26 April 1999 amending Regulation (EC) No 194/97 setting maximum levels for certain contaminants in foodstuffs (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 ('), and in particular Article 2(3) thereof, ) ¢ ) O Whereas Commission Regulation (EC) No 194/97 of 31 January 1997 setting maximum levels for certain contaminants in foodstuffs (¥, as last amended by Regulation (EC) No 1525/98 (%), fixes maximum nitrate levels for spinach, lettuce and preserved, deep-frozen or frozen spinach; Whereas Article 3 of the said Commission Regula- tion stipulates that the Commission shall proceed, before 1 October 1998 to a review of the maximum levels provided for in the Annex for lettuces and spinach, on the basis of the results of controls carried out by the Member States; Whereas codes of good practice to reduce the nitrate levels in spinach and lettuce have been put in place by Member States as provided for in Article 2(2) and (3) of the said Commission Regula- tion; whereas it is recognised that the period between the application of the measures and the revision of the maximum levels is too short to result in significant decreases in nitrate levels in spinach and lettuce, taking into account the major influence of climatic conditions on the level of nitrates in lettuce and spinach; Whereas the results of controls carried out by the Member States indicate that the maximum levels for nitrates in fresh spinach are in several cases exceeded; whereas several Member States have authorised for a transitional period the placing on the market of spinach grown and intended for consumption in their territory with nitrate levels higher than those set in point 1.1 of Part I of the Annex; whereas it is not possible for the time 37, 13.2.1993, p. 1. oJ L OJ L 31, 1.2.1997, p. 48. oJ L 201, 17.7.1998, p. 43. being, given the short period of time between application and revision of the measures, to fix maximum levels for nitrates in spinach as low as reasonably achievable, taking into account the application of codes of good practice; whereas it is therefore appropriate to maintain the current maximum limits for nitrates in fresh spinach and to provide that these levels will be reviewed in a three-year period; whereas this review will be based on monitoring carried out by the Member States and the application of codes of good practice to reduce nitrate levels; Whereas the results of controls carried out by the Member State indicate that there is no possibility for the time being to reduce the maximum levels for lettuce; Whereas some Member states still need a trans- itional period to authorise the placing on the market of lettuce grown and intended for consumption in their territory with nitrate levels higher than those set in point 1.1 of Part I of the Annex; whereas it is appropriate to review each three years the maximum levels for nitrates in lettuce on the basis of the application of good practice to reduce nitrates levels and the results of controls carried out by the Member States in order to fix the maximum levels as low as reasonably achievable; Whereas the monitoring and the application of good practices shall be carried out using means proportionate to the desired objective, the obtained monitoring results and, particularly, in the light of the risks and of experience gained; whereas the application of codes of good practice in some Member States will be closely observed; whereas it is therefore appropriate that Member States communicate each year the results of their monitoring and report on the measures taken and the progress with regard to the application of codes of good practices to reduce nitrate levels and that an exchange of views with the Member States on these reports will take place annually;