14 Materials intended to come into contact
with food
| (25073)
15113/03
COM(03) 689
| Draft Regulation on materials and articles intended to come into contact with food.
|
| Legal base | Article 95 EC; co-decision; QMV
|
| Document originated | 17 November 2003
|
| Deposited in Parliament | 24 November 2003
|
| Department | Food Standards Agency
|
| Basis of consideration | EM of 8 December 2003
|
| Previous Committee Report | None
|
| To be discussed in Council | No date set
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
14.1 Council Directive 89/109/EEC[26]
establishes that, as a general principle, the migration of materials
which come into contact with food should be kept to a minimum
and not endanger human health, and that it should not affect the
composition, smell or taste of the food in question. The Directive
also provides for the establishment of "positive" lists
of substances which may be used in the manufacture of food contact
materials, identifies the groups of materials and articles to
be regulated by implementing measures, and sets out the procedures
and criteria to be followed in drafting and adopting such measures.
According to the Commission, a number of new issues have emerged
since that Directive was adopted, and it has sought to take these
into account in this proposal, which would repeal the Directive
and replace it with a new Regulation.
The current proposal
14.2 In putting forward its proposal, the Commission points out
that, although existing Community legislation aims to secure the
maximum inertness of food-packaging materials, new concepts involve
"active" packaging which is designed to interact with
the food in order to maintain or improve its condition during
storage and so prolong its shelf life. In addition, another innovative
type of packaging involves "intelligent" materials which
provide information about the condition of the food. The proposed
Regulation would provide the legal framework needed to take these
developments into account, by extending the controls —
which currently cover only plastics, regenerated cellulose film
and ceramics —
to include these new kinds of materials. In doing so, it would
specify the conditions under which they are used, including the
permitted changes in composition, smell and taste, and introduce
new labelling requirements aimed at clarifying which products
are intended as food packaging. The proposal would also introduce
provisions on traceability (in line with those applying more generally
to food under Regulation (EC) No. 178/2002),[27]
which would require all relevant businesses to have in place systems
to identify at every given stage of production suppliers of food
contact materials and those to whom such materials are supplied.
14.3 The Commission has also made some important
procedural changes. First, in proposing that the existing Directive
should be replaced by a Regulation, it says that a detailed examination
of the previous implementing measures suggested that these were
essentially technical, requiring frequent amendments to adapt
them to rapid technological progress; that they tended to contain
simple, repetitive provisions; and that they were mostly reproduced
verbatim by the Member States in their implementing legislation.
In view of this, the Commission believes that the use of regulations
in future would ensure uniform and timely application of the rules,
but that it should also be possible for a decision about the nature
of the action needed in any given case to be taken according to
its content. Secondly, it would improve the Community-wide system
for authorising substances for use in the manufacture of specified
materials and articles in contact with food. Finally, in order
to improve enforcement, it would establish national reference
laboratories.
The Government's view
14.4 In her Explanatory Memorandum of 8 December
2003, the Parliamentary Under-Secretary of State for Public Health
at the Department of Health (Miss Melanie Johnson) says that the
UK supports this proposal, which it believes should improve the
clarity and extent of control of chemical migration from packaging
to food, and help overcome the ambiguities which can arise from
the transposition of detailed rules by each Member State. She
also considers that it deals with emerging technologies in a balanced
manner, and that any costs to business in the UK should be small.
Conclusion
14.5 Although we think it right that the House
should be aware of this proposal, it does not appear to give rise
to any issues of principle or of practical difficulty for the
UK. We are therefore clearing it.
26 OJ No. L.40, 11.2.89, p.38. Back
27
OJ No. L.31, 1.2.02, p.1. Back
|
