Food Law News - EU - 2001


Standing Committee on Foodstuffs, 14-15 June 2001

PACKAGING - Discussions at the Standing Committee on Foodstuffs - Plastics and epoxy derivatives

(a) Exchange of views and possible opinion on a draft Commission Directive amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs.

The draft Commission Directive amends Directive 90/128/EEC on plastic materials and articles intended to come into contact with foodstuffs, to include into the Community positive list new substances, which have been evaluated by the Scientific Committee on Food. The Directive also modifies some restrictions or specifications for certain substances already listed based on a new opinion of the SCF and allows under certain conditions the use of scientifically recognised mathematical models for the estimation of the migration of a substance into foodstuffs. The verification of compliance with the requirements of the Directive is less complex, less costly and less time-consuming by the use of mathematical models than by experimental determination.

No comments were received following notification of the draft measures to the WTO (G/SPS/N/EEC/126)

Minor linguistic changes were introduced into the draft..

The Standing Committee expressed a favourable opinion by unanimity.

(b) Exchange of views and possible opinion on a draft Commission Directive.on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs.

The draft Commission Directive regulates the use of specific chemical substances designated as BADGE/BFDGE and NOGE, which are used in the manufacture of some special varnishes.

Several enquiries have shown that the varnished cans may release large quantities of BADGE/BFDGE and NOGE, mainly when these substances are used as additives in varnishes, as opposed to their use as monomers. It is therefore appropriate that restrictions on the use of these toxicologically significant substances are set.

In line with the opinions of the Scientific Committee on Food, the draft Directive establishes a provisional migration limit of 1 mg/kg of foodstuffs for BADGE and/or BFDGE and their derivatives. For NOGE the quantity admitted in the finished article is so low that, in practice, its use as additive is ruled out. The deadline of 31 December 2004 is proposed to take into account of the time necessary for industry to develop additional data requested by the Scientific Committee on Food, the time for the Scientific Committee on Food to evaluate these data and the time for the Commission to adopt the relevant measures.

No comments were received following notification of the draft measures to the WTO (G/SPS/N/EEC/127).

In relation to recital 10 of the draft Directive, the Danish delegation asked the Commission to confirm that Member States could apply Article 5 of the framework Directive 89/109/EEC (safeguard clause) as from the date of adoption of this Directive until 30 November 2004. The Commission representative confirmed that this was possible provided that the provisions of Article 5 of the Framework Directive were fulfilled.

The Italian delegation asked the Commission to verify with the Working Group of experts whether the term "monomers" in recital 9 of the draft Directive was appropriate for NOGE and BFDGE. It was agreed to follow-up this request and the opinion of the Working Group will be reported to the Standing Committee. The Standing Committee expressed a favourable opinion by unanimity.


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