THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1), in particular Article 11 (4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs(2) provides for maximum levels for nitrates in spinach, lettuce, iceberg-type lettuce, baby foods and processed cereal-based food for infants and young children.
(2) Sampling plays an important role in the precision of the determination of the levels of nitrates, as well the sample preparation procedures.
(3) It is necessary to fix general criteria with which the method of analysis should comply in order to ensure that control laboratories use methods of analysis with comparable levels of performance.
(4) Fresh lettuce and spinach are very perishable products and it is in most cases not possible to detain the consignments until the analytical result of the official control is available. Therefore in these cases competent authorities might consider it appropriate and necessary to perform an official sampling at the field shortly before harvest.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1. Regulation as amended by Commission Regulation (EC) No 776/2006 (OJ L 136, 24.5.2006, p. 3).
See page 5 of this Official Journal.