Royal Decree 490/1998 of 27 March, approving the specific technical-health regulations of processed cereal-based foods and infant foods for infants and young children, was updated. in its Annexes by the Order of 14 July 1999 and amended by Royal Decree 1445/2000 of 31 July 2000. These provisions have incorporated into our legal order Commission Directives 96 /5/EC of 16 February 1996, 98 /36/EC of the Commission of 2 June 1998 and 1999 /39/EC of the Commission of 6 May 1999 respectively.

Royal Decree 1445/2000 of 31 July provides that processed cereal-based foods and infant foods for infants and young children must not contain any substance in such a quantity as to endanger their health, fixing 0,01 mg/kg as the general maximum permissible limit for pesticide residues in these foods, and contemplating the subsequent introduction of an annex concerning pesticides which will not be used for agricultural products which are intended to be used for be used as raw materials for the manufacture of these products.

In the case of a small number of pesticides or pesticide metabolites, even a maximum residue limit of 0.01 mg/kg may result in the most unfavourable conditions of absorption, infants and young children age exceed the acceptable daily intake. This is the case for pesticides or metabolites of pesticides whose acceptable daily intake is less than 0.0005 mg/kg body weight.

Specific ceilings for pesticide residues or pesticide metabolites have been established within the European Union, as well as pesticides which may not be used for agricultural products intended for use in agricultural products. the production of cereal-based foods and baby foods. However, the ban does not necessarily ensure that products are free of such pesticides, as some of these pesticides are slowly degraded and continue to pollute the environment.

Therefore, in order to better protect the health of infants and young children, additional requirements have been established that can be enforced through the most advanced analytical methods, regardless of the origin of the product, even if they have not been used for processed cereal-based foods and baby foods.

For this reason, the European Commission has adopted Directive 2003 /13/EC of 10 February 2003 amending Directive 96 /5/EC on processed cereal-based foods and baby foods for the purposes of Directive 2003 /13/EC of the European Parliament and of the Council infants and young children, which is incorporated into our internal legal order by this provision.

This royal decree is issued in accordance with the provisions of Article 149.1.16 of the Constitution and in accordance with Articles 38, 40.2 and 40.4 of Law 14/1986 of 25 April, General of Health.

In the preparation of this provision, the sectors affected have been heard and the Interministerial Commission for Food Management has issued its mandatory report.

In its virtue, on the proposal of the Ministers of Health and Consumer Affairs, Agriculture, Fisheries and Food, of Economics and of Science and Technology, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day 26 March 2004,

DISPONGO:

Single item. Amendment of Royal Decree 490/1998 of 27 March 1998 approving the specific technical-health regulations for processed cereal-based foods and infant foods for infants and young children.

Royal Decree 490/1998 of 27 March 1998 approving the specific technical-health regulations for processed cereal-based foods and infant foods for infants and young children is hereby amended. in the following terms:

One. Paragraphs 7 and 8 are added to Article 3 "Elaboration and Composition", which shall be worded as follows:

" 7. The pesticides listed in Annex VII shall not be used for agricultural products intended for the production of cereal-based foods and for children's food. However, for control purposes:

(a) The pesticides listed in Table 1 of Annex VII shall be deemed not to have been used if their residues do not exceed the level of 0,003 mg/kg of the product ready for consumption or reconstituted in accordance with the instructions of the manufacturer. This level, which is considered as the threshold for quantification of analytical methods, will be reviewed regularly in the light of technical progress.

(b) The pesticides listed in Table 2 of Annex VII shall be deemed not to have been used if their residues do not exceed the level of 0,003 mg/kg of the product ready for consumption or reconstituted according to the instructions of the manufacturer. This level will be regularly reviewed in the light of environmental pollution data.

8. For the pesticides listed in Annex VIII, the maximum residue limits specified therein shall be applicable and shall apply to the product ready for consumption or reconstituted in accordance with the manufacturer's instructions. '

Two. Two new Annexes are added, Annex VII, 'Pesticides which may not be used for agricultural products intended for the production of cereal and food-based foods', and Annex VIII, ' Maximum specific limits for residues of pesticides or of metabolites of pesticides in cereal-based foods and infant foods ", which are included in the Annex to this royal decree.

Single transient arrangement. Marketing extension.

Food products which do not comply with this royal decree, but which comply with the rules in force prior to the date of its entry into force, may be marketed until 6 June. March 2005.

Final disposition first. Title Competition.

This royal decree is issued under the protection of Article 149.1.16 of the Constitution, which attributes to the State exclusive competence in the field of bases and general coordination of health, as well as in the field of external health, and in the provisions of Articles 38, 40.2 and 40.4 of Law 14/1986 of 25 April of 25 April, General of Health.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Dado en Madrid, a 26 de marzo de 2004.

JOHN CARLOS R.

Deputy Prime Minister and Minister of the Presidency,

JAVIER ARENAS BOCANEGRA

ANNEX

" ANNEX VII

Pesticides that may not be used in agricultural products intended for the production of cereal-based foods and baby foods

TABLE 1

Chemical name of the substance (definition of the waste)

Disulfoton (sum of disulfoton, disulfotonsulfoxide and disulfotonsulfone, expressed as disulfoton).

Fensulfotion (sum of fensulfotion, its oxygenated analogue and its sulfones, expressed as fensulfotion).

Fentin, expressed as cation triphenyltin.

Haloxyfop (sum of haloxyfop, its salts and esters, including conjugates, expressed as haloxyfop).

Heptacloro and trans-heptacloro epoxide, expressed as heptacloro.

Hexachlorobenzene.

Nitrofen.

Ometoate.

Terbufos (sum of terbufos, its sulfoxide and its sulfone, expressed as terbufos).

TABLE 2

Chemical name of the substance

Aldrin and dieldrin, expressed as dieldrin.

Endrin.

ANNEX VIII

Specific maximum limits for pesticide residues or pesticide metabolites in cereal-based foods and infant foods

	name of the substance	Maximum residue level (mg/kg)
0.006	0.006
Demeton-S-methyl/demeton-S-methylsulfona/oxidemeton-methyl (individually or com-binated, expressed as demeton-S-methyl)	0.006
0.008
Fipronil sum of fipronil and fipronil-desulfinyl, expressed as fipronil)	0.004
	Propineb/propylourea (sum of propineb and propyleourea)	0.006 "