BETA


2003/0272(COD) Materials and articles intended to come into contact with food

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ENVI THORS Astrid (icon: ELDR ELDR)
Committee Opinion JURI HARBOUR Malcolm (icon: PPE-DE PPE-DE)
Committee Opinion ITRE CORBEY Dorette (icon: PES PES)
Committee Opinion AGRI
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 095

Events

2004/11/13
   Final act published in Official Journal
Details

PURPOSE : to ensure the effective functioning of the internal market in relation to the placing on the market in the Community of materials and articles intended to come into contact directly or indirectly with food, whilst providing the basis for securing a high level of protection of human health and the interests of consumers.

LEGISLATIVE ACT : Regulation 1935/2004/EC of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC.

CONTENT : this Regulation will apply to all materials and articles, including active and intelligent food contact materials, which are intended to be brought into contact with food, are already in contact with food and were intended for that purpose or can reasonable be expected to be brought into contact with food. It does not apply to the covering or coating materials of certain foodstuffs such as cheese rinds, prepared meat products or fruits, which may be part of the food. Nor does it apply to fixed public or private water supply equipment.

As far as the "General Requirements" are concerned materials and articles coming into contact with food must not endanger human health, bring about an unacceptable change in the composition of food or bring about deterioration in the organoleptic characteristics of the food. Changes may only be brought about in the composition of the food on condition that the changes comply with Community provisions.

Certain procedures are foreseen for certain groups of materials and articles. This includes, inter alia, a list of substances authorized for use in the manufacturing of materials and articles, purity standards for substances, or provisions aimed at protecting human health against hazards arising from oral contact with materials and articles.

Other provisions outlined in the Regulation include national specific measures, the role of the European Food Safety Authority, general requirements for the authorization of substances, applications for the authorization of new substances, the Opinion of the Authority, Community authorization, the modification, suspension and revocation of authorization, labeling, the declaration of compliance, safeguard measures, public access, confidentiality, the sharing of existing data, inspection and control measures and lastly sanctions and repeals.

There is also a provision regarding traceability, which states that all materials and articles must be traceable at all stages in order to control the recall of defective products. Business operators must have a system in place to allow for the identification of the businesses from which materials are coming into contact with food. Lastly, materials and articles that have been lawfully placed on the market before 3 December 2003 may be marketed until the stocks are exhausted.

ENTRY INTO FORCE: 03/12/2004. Article 17 (traceability) will be applicable as from 27/10/2006.

2004/10/27
   CSL - Final act signed
2004/10/27
   EP - End of procedure in Parliament
2004/10/14
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2004/10/14
   CSL - Council Meeting
2004/04/28
   ESC - Economic and Social Committee: opinion, report
2004/03/31
   EP - Text adopted by Parliament, 1st reading/single reading
Details

The European Parliament adopted the report Astrid THORS (ELDR, FIN). A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The text is the result of a broad compromise between the Parliament and Council. It sets conditions which must be met by products and materials coming into direct or indirect contact with food which is to be put on the market. MEPs want specific provisions ensuring traceability of objects which remain in contact with food, notably to allow a more effective response if product withdrawal is necessary. This is one of the aims of proper labelling: from now on all materials and articles intended to be in contact with food must be labelled "suitable for food contact" or carry a special food contact symbol, unless its own name already makes that clear (e.g. 'coffee pot') or if by its nature such a use can be "reasonably" expected. MEPs want the information on the product to be worded in a language that can be easily understood by consumers. This must be their own language - plus possibly other EU languages - otherwise the product would not be officially authorised to go on sale. On the question of authorisation, MEPs have approved the current principle of positive lists of approved substances and materials, meaning that a material is not deemed to be approved merely because it has not been explicitly banned. Authorisations are the subject of specific rules, whether for a substance, a material, an object or a procedure. New procedures for placing materials on the market and evaluating them in terms of health safety are set out, including in particular procedures for recycled material. A Member State observing that a substance initially thought to be in conformity with the rules in fact presents a risk to public health will be able to suspend the authorisation for that product on its territory. Lastly, Parliament completed the text by insisting on the need to take the needs of developing countries into account.

2004/03/31
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted the report Astrid THORS (ELDR, FIN). A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The text is the result of a broad compromise between the Parliament and Council. It sets conditions which must be met by products and materials coming into direct or indirect contact with food which is to be put on the market. MEPs want specific provisions ensuring traceability of objects which remain in contact with food, notably to allow a more effective response if product withdrawal is necessary. This is one of the aims of proper labelling: from now on all materials and articles intended to be in contact with food must be labelled "suitable for food contact" or carry a special food contact symbol, unless its own name already makes that clear (e.g. 'coffee pot') or if by its nature such a use can be "reasonably" expected. MEPs want the information on the product to be worded in a language that can be easily understood by consumers. This must be their own language - plus possibly other EU languages - otherwise the product would not be officially authorised to go on sale. On the question of authorisation, MEPs have approved the current principle of positive lists of approved substances and materials, meaning that a material is not deemed to be approved merely because it has not been explicitly banned. Authorisations are the subject of specific rules, whether for a substance, a material, an object or a procedure. New procedures for placing materials on the market and evaluating them in terms of health safety are set out, including in particular procedures for recycled material. A Member State observing that a substance initially thought to be in conformity with the rules in fact presents a risk to public health will be able to suspend the authorisation for that product on its territory. Lastly, Parliament completed the text by insisting on the need to take the needs of developing countries into account.

Documents
2004/03/30
   EP - Debate in Parliament
2004/03/15
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2004/03/15
   EP - Vote in committee, 1st reading/single reading
Details

The committee adopted the report by Astrid THORS (ELDR, FIN) amending the proposal under the 1st reading of the codecision procedure. A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The committee also tabled amendments designed to clarify the authorisation procedure. It stated explicitly that the authorisation of a substance shall take place through the adoption of a specific measure and that the applicant has the right to be informed within 7 days if, despite a positive opinion by the EFSA, the Commission decides not to prepare a draft specific measure. In such cases, the Commission will also be required to provide the applicant with an explanation of the reasons for its decision. MEPs were also concerned to make it clear in the legislation that substances which mask the odour of food - and hence disguise the fact that the food is going bad - should not be considered as active materials and should not therefore be permitted. And, in a bid to avoid a bureaucratic nightmare, they stipulated that the labelling requirements set out in the regulation should not be obligatory for "any articles which, because of their characteristics, are clearly designed to come into contact with food". They argued that, without such an amendment, every single item of domestic ware, such as drinking glasses used in hotels, which are sold unpackaged would have to be marked with the symbols listed in Annex II. Lastly, the committee introduced a new article designed to ensure that the rules did not create trade barriers for food producers from developing countries who might not be able to find suppliers of packaging materials which conform to EU legislation. It proposed measures such as a phased introduction of the requirements for imported products and the sending of Community experts to developing countries to help set up traceability schemes. �

2004/03/15
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2004/03/10
   EP - Committee opinion
Documents
2004/03/02
   EP - Amendments tabled in committee
Documents
2004/02/05
   EP - Committee draft report
Documents
2004/01/22
   EP - HARBOUR Malcolm (PPE-DE) appointed as rapporteur in JURI
2003/12/02
   EP - CORBEY Dorette (PES) appointed as rapporteur in ITRE
2003/11/27
   EP - THORS Astrid (ELDR) appointed as rapporteur in ENVI
2003/11/20
   EP - Committee referral announced in Parliament, 1st reading/single reading
2003/11/17
   EC - Legislative proposal published
Details

PURPOSE : to provide a legal framework, which introduces the possibility to take into account new technological solutions to food packaging and sets some basic requirements for their use. CONTENT : the European Commission is proposing a revised Regulation on materials which come into contact with food. Among the proposed changes is a more modern approach to the principle that packaging materials should not interact with the food they contain. This will allow the introduction into the EU of "active" and "intelligent" packaging that, for example, prolongs shelf life or monitors and displays information about the freshness of food. The proposal will also set up traceability requirements so that materials coming into contact with food are identified at all stages of production and distribution. Food contact materials are all items intended to touch food. This includes packaging such as plastic wrapping, and glass bottles as well as objects like coffee machines and soup spoons. The revised Regulation also covers adhesives and printing inks. The purpose of this Regulation is to ensure the effective functioning of the internal market in relation to materials and articles intended to come into contact with foodstuffs, whilst providing the basis for securing a high level of protection of human health and the interests of consumers. The overall policy objective in terms of expected impacts is to: - secure a high level of protection of human health and the interests of the consumer, - ensure the free movement of materials and articles intended to come into contact with food, - take into account important technological developments in the area of food packaging, - ensure better traceability as well as labelling of materials and articles intended to come into contact with food, - improve the transparency of the authorisation process by specifying the various phases of the procedure, - give the possibility to the Commission to adopt for the implementing measures not only directives, but also decisions and regulations, as the latter are more appropriate for provisions, such as positive lists, - ensure better enforceability of the rules through the establishment of Community and national Reference Laboratories. As stated the proposal also deals with the issue of traceability which is an important part of current EU food legislation as it sets out a system to identify and trace all stages of food production. This is an important safeguard in the event of any possible contamination. The proposed Regulation applies the same principles to the production of food contact materials so businesses in the sector can identify where food contact materials and substances used in their manufacture have come from and where they have been supplied to. The new regulation was prepared following broad consultation with the Member States as well as professional and consumer organisations. It will create a more efficient legal framework and a more transparent procedure for authorising new substances.

Documents

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2003-11-20T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI body: EP responsible: True committee: ENVI date: 2003-11-27T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: ELDR name: THORS Astrid body: EP responsible: False committee: ITRE date: 2003-12-02T00:00:00 committee_full: Industry, External Trade, Research, Energy rapporteur: group: PSE name: CORBEY Dorette body: EP responsible: False committee: JURI date: 2004-01-22T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: HARBOUR Malcolm
  • body: EP committees: body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI body: EP responsible: True committee: ENVI date: 2003-11-27T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: ELDR name: THORS Astrid body: EP responsible: False committee: ITRE date: 2003-12-02T00:00:00 committee_full: Industry, External Trade, Research, Energy rapporteur: group: PSE name: CORBEY Dorette body: EP responsible: False committee: JURI date: 2004-01-22T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: HARBOUR Malcolm docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2004-147&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A5-0147/2004 date: 2004-03-15T00:00:00 type: Vote in committee, 1st reading/single reading
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  • date: 2004-03-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-235 type: Decision by Parliament, 1st reading/single reading title: T5-0235/2004 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2004-05-17T00:00:00 body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: X020
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  • date: 2004-10-14T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2004-10-27T00:00:00 body: CSL type: Final act signed
  • date: 2004-10-27T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2004-11-13T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32004R1935 title: Regulation 2004/1935 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2004:336:TOC title: OJ L 336 13.11.2004, p. 0004-0017
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  • date: 2004-02-05T00:00:00 docs: title: PE340.785 type: Committee draft report body: EP
  • date: 2004-03-02T00:00:00 docs: title: PE340.785/AM type: Amendments tabled in committee body: EP
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  • date: 2004-03-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2004-147&language=EN title: A5-0147/2004 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2004-03-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-235 title: T5-0235/2004 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2004:103E:SOM:EN:HTML title: OJ C 103 29.04.2004, p. 0449-0579 E summary: The European Parliament adopted the report Astrid THORS (ELDR, FIN). A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The text is the result of a broad compromise between the Parliament and Council. It sets conditions which must be met by products and materials coming into direct or indirect contact with food which is to be put on the market. MEPs want specific provisions ensuring traceability of objects which remain in contact with food, notably to allow a more effective response if product withdrawal is necessary. This is one of the aims of proper labelling: from now on all materials and articles intended to be in contact with food must be labelled "suitable for food contact" or carry a special food contact symbol, unless its own name already makes that clear (e.g. 'coffee pot') or if by its nature such a use can be "reasonably" expected. MEPs want the information on the product to be worded in a language that can be easily understood by consumers. This must be their own language - plus possibly other EU languages - otherwise the product would not be officially authorised to go on sale. On the question of authorisation, MEPs have approved the current principle of positive lists of approved substances and materials, meaning that a material is not deemed to be approved merely because it has not been explicitly banned. Authorisations are the subject of specific rules, whether for a substance, a material, an object or a procedure. New procedures for placing materials on the market and evaluating them in terms of health safety are set out, including in particular procedures for recycled material. A Member State observing that a substance initially thought to be in conformity with the rules in fact presents a risk to public health will be able to suspend the authorisation for that product on its territory. Lastly, Parliament completed the text by insisting on the need to take the needs of developing countries into account. type: Text adopted by Parliament, 1st reading/single reading body: EP
  • date: 2004-04-28T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0654)(documentyear:2004)(documentlanguage:EN) title: CES0654/2004 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2004:117:SOM:EN:HTML title: OJ C 117 30.04.2004, p. 0001-0004 type: Economic and Social Committee: opinion, report body: ESC
events
  • date: 2003-11-17T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2003/0689/COM_COM(2003)0689_EN.pdf title: COM(2003)0689 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2003&nu_doc=689 title: EUR-Lex summary: PURPOSE : to provide a legal framework, which introduces the possibility to take into account new technological solutions to food packaging and sets some basic requirements for their use. CONTENT : the European Commission is proposing a revised Regulation on materials which come into contact with food. Among the proposed changes is a more modern approach to the principle that packaging materials should not interact with the food they contain. This will allow the introduction into the EU of "active" and "intelligent" packaging that, for example, prolongs shelf life or monitors and displays information about the freshness of food. The proposal will also set up traceability requirements so that materials coming into contact with food are identified at all stages of production and distribution. Food contact materials are all items intended to touch food. This includes packaging such as plastic wrapping, and glass bottles as well as objects like coffee machines and soup spoons. The revised Regulation also covers adhesives and printing inks. The purpose of this Regulation is to ensure the effective functioning of the internal market in relation to materials and articles intended to come into contact with foodstuffs, whilst providing the basis for securing a high level of protection of human health and the interests of consumers. The overall policy objective in terms of expected impacts is to: - secure a high level of protection of human health and the interests of the consumer, - ensure the free movement of materials and articles intended to come into contact with food, - take into account important technological developments in the area of food packaging, - ensure better traceability as well as labelling of materials and articles intended to come into contact with food, - improve the transparency of the authorisation process by specifying the various phases of the procedure, - give the possibility to the Commission to adopt for the implementing measures not only directives, but also decisions and regulations, as the latter are more appropriate for provisions, such as positive lists, - ensure better enforceability of the rules through the establishment of Community and national Reference Laboratories. As stated the proposal also deals with the issue of traceability which is an important part of current EU food legislation as it sets out a system to identify and trace all stages of food production. This is an important safeguard in the event of any possible contamination. The proposed Regulation applies the same principles to the production of food contact materials so businesses in the sector can identify where food contact materials and substances used in their manufacture have come from and where they have been supplied to. The new regulation was prepared following broad consultation with the Member States as well as professional and consumer organisations. It will create a more efficient legal framework and a more transparent procedure for authorising new substances.
  • date: 2003-11-20T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2004-03-15T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the report by Astrid THORS (ELDR, FIN) amending the proposal under the 1st reading of the codecision procedure. A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The committee also tabled amendments designed to clarify the authorisation procedure. It stated explicitly that the authorisation of a substance shall take place through the adoption of a specific measure and that the applicant has the right to be informed within 7 days if, despite a positive opinion by the EFSA, the Commission decides not to prepare a draft specific measure. In such cases, the Commission will also be required to provide the applicant with an explanation of the reasons for its decision. MEPs were also concerned to make it clear in the legislation that substances which mask the odour of food - and hence disguise the fact that the food is going bad - should not be considered as active materials and should not therefore be permitted. And, in a bid to avoid a bureaucratic nightmare, they stipulated that the labelling requirements set out in the regulation should not be obligatory for "any articles which, because of their characteristics, are clearly designed to come into contact with food". They argued that, without such an amendment, every single item of domestic ware, such as drinking glasses used in hotels, which are sold unpackaged would have to be marked with the symbols listed in Annex II. Lastly, the committee introduced a new article designed to ensure that the rules did not create trade barriers for food producers from developing countries who might not be able to find suppliers of packaging materials which conform to EU legislation. It proposed measures such as a phased introduction of the requirements for imported products and the sending of Community experts to developing countries to help set up traceability schemes. �
  • date: 2004-03-15T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2004-147&language=EN title: A5-0147/2004
  • date: 2004-03-30T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20040330&type=CRE title: Debate in Parliament
  • date: 2004-03-31T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-235 title: T5-0235/2004 summary: The European Parliament adopted the report Astrid THORS (ELDR, FIN). A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The text is the result of a broad compromise between the Parliament and Council. It sets conditions which must be met by products and materials coming into direct or indirect contact with food which is to be put on the market. MEPs want specific provisions ensuring traceability of objects which remain in contact with food, notably to allow a more effective response if product withdrawal is necessary. This is one of the aims of proper labelling: from now on all materials and articles intended to be in contact with food must be labelled "suitable for food contact" or carry a special food contact symbol, unless its own name already makes that clear (e.g. 'coffee pot') or if by its nature such a use can be "reasonably" expected. MEPs want the information on the product to be worded in a language that can be easily understood by consumers. This must be their own language - plus possibly other EU languages - otherwise the product would not be officially authorised to go on sale. On the question of authorisation, MEPs have approved the current principle of positive lists of approved substances and materials, meaning that a material is not deemed to be approved merely because it has not been explicitly banned. Authorisations are the subject of specific rules, whether for a substance, a material, an object or a procedure. New procedures for placing materials on the market and evaluating them in terms of health safety are set out, including in particular procedures for recycled material. A Member State observing that a substance initially thought to be in conformity with the rules in fact presents a risk to public health will be able to suspend the authorisation for that product on its territory. Lastly, Parliament completed the text by insisting on the need to take the needs of developing countries into account.
  • date: 2004-10-14T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2004-10-27T00:00:00 type: Final act signed body: CSL
  • date: 2004-10-27T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2004-11-13T00:00:00 type: Final act published in Official Journal summary: PURPOSE : to ensure the effective functioning of the internal market in relation to the placing on the market in the Community of materials and articles intended to come into contact directly or indirectly with food, whilst providing the basis for securing a high level of protection of human health and the interests of consumers. LEGISLATIVE ACT : Regulation 1935/2004/EC of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC. CONTENT : this Regulation will apply to all materials and articles, including active and intelligent food contact materials, which are intended to be brought into contact with food, are already in contact with food and were intended for that purpose or can reasonable be expected to be brought into contact with food. It does not apply to the covering or coating materials of certain foodstuffs such as cheese rinds, prepared meat products or fruits, which may be part of the food. Nor does it apply to fixed public or private water supply equipment. As far as the "General Requirements" are concerned materials and articles coming into contact with food must not endanger human health, bring about an unacceptable change in the composition of food or bring about deterioration in the organoleptic characteristics of the food. Changes may only be brought about in the composition of the food on condition that the changes comply with Community provisions. Certain procedures are foreseen for certain groups of materials and articles. This includes, inter alia, a list of substances authorized for use in the manufacturing of materials and articles, purity standards for substances, or provisions aimed at protecting human health against hazards arising from oral contact with materials and articles. Other provisions outlined in the Regulation include national specific measures, the role of the European Food Safety Authority, general requirements for the authorization of substances, applications for the authorization of new substances, the Opinion of the Authority, Community authorization, the modification, suspension and revocation of authorization, labeling, the declaration of compliance, safeguard measures, public access, confidentiality, the sharing of existing data, inspection and control measures and lastly sanctions and repeals. There is also a provision regarding traceability, which states that all materials and articles must be traceable at all stages in order to control the recall of defective products. Business operators must have a system in place to allow for the identification of the businesses from which materials are coming into contact with food. Lastly, materials and articles that have been lawfully placed on the market before 3 December 2003 may be marketed until the stocks are exhausted. ENTRY INTO FORCE: 03/12/2004. Article 17 (traceability) will be applicable as from 27/10/2006. docs: title: Regulation 2004/1935 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32004R1935 title: OJ L 336 13.11.2004, p. 0004-0017 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2004:336:SOM:EN:HTML
other
  • body: CSL type: Council Meeting council: Former Council configuration
procedure/dossier_of_the_committee
Old
ENVI/5/20360
New
  • ENVI/5/20360
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32004R1935
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32004R1935
procedure/instrument
Old
Regulation
New
  • Regulation
  • Repealing Directives 80/590/EEC and 89/109/EEC See also 2015/2259(INI) Amended by 2018/0088(COD)
procedure/subject
Old
  • 3.10.10 Foodstuffs, foodstuffs legislation
  • 3.40.13 Food industry
  • 4.60.02 Consumer information, advertising, labelling
  • 4.60.04.04 Food safety
New
3.10.10
Foodstuffs, foodstuffs legislation
3.40.13
Food industry
4.60.02
Consumer information, advertising, labelling
4.60.04.04
Food safety
procedure/summary
  • Repealing Directives 80/590/EEC and 89/109/EEC
  • See also
activities/0/docs/0/text/0
Old
PURPOSE : to provide a legal framework, which introduces the possibility to take into account new technological solutions to food packaging and sets some basic requirements for their use. CONTENT : the European Commission is proposing a revised Regulation on materials which come into contact with food. Among the proposed changes is a more modern approach to the principle that packaging materials should not interact with the food they contain. This will allow the introduction into the EU of "active" and "intelligent" packaging that, for example, prolongs shelf life or monitors and displays information about the freshness of food. The proposal will also set up traceability requirements so that materials coming into contact with food are identified at all stages of production and distribution. Food contact materials are all items intended to touch food. This includes packaging such as plastic wrapping, and glass bottles as well as objects like coffee machines and soup spoons. The revised Regulation also covers adhesives and printing inks. The purpose of this Regulation is to ensure the effective functioning of the internal market in relation to materials and articles intended to come into contact with foodstuffs, whilst providing the basis for securing a high level of protection of human health and the interests of consumers. The overall policy objective in terms of expected impacts is to: - secure a high level of protection of human health and the interests of the consumer, - ensure the free movement of materials and articles intended to come into contact with food, - take into account important technological developments in the area of food packaging, - ensure better traceability as well as labelling of materials and articles intended to come into contact with food, - improve the transparency of the authorisation process by specifying the various phases of the procedure, - give the possibility to the Commission to adopt for the implementing measures not only directives, but also decisions and regulations, as the latter are more appropriate for provisions, such as positive lists, - ensure better enforceability of the rules through the establishment of Community and national Reference Laboratories. As stated the proposal also deals with the issue of traceability which is an important part of current EU food legislation as it sets out a system to identify and trace all stages of food production. This is an important safeguard in the event of any possible contamination. The proposed Regulation applies the same principles to the production of food contact materials so businesses in the sector can identify where food contact materials and substances used in their manufacture have come from and where they have been supplied to. The new Regulation was prepared following broad consultation with the Member States as well as professional and consumer organisations. It will create a more efficient legal framework and a more transparent procedure for authorising new substances.�
New

PURPOSE : to provide a legal framework, which introduces the possibility to take into account new technological solutions to food packaging and sets some basic requirements for their use.

CONTENT : the European Commission is proposing a revised Regulation on materials which come into contact with food. Among the proposed changes is a more modern approach to the principle that packaging materials should not interact with the food they contain. This will allow the introduction into the EU of "active" and "intelligent" packaging that, for example, prolongs shelf life or monitors and displays information about the freshness of food. The proposal will also set up traceability requirements so that materials coming into contact with food are identified at all stages of production and distribution. Food contact materials are all items intended to touch food. This includes packaging such as plastic wrapping, and glass bottles as well as objects like coffee machines and soup spoons. The revised Regulation also covers adhesives and printing inks. The purpose of this Regulation is to ensure the effective functioning of the internal market in relation to materials and articles intended to come into contact with foodstuffs, whilst providing the basis for securing a high level of protection of human health and the interests of consumers. The overall policy objective in terms of expected impacts is to: - secure a high level of protection of human health and the interests of the consumer, - ensure the free movement of materials and articles intended to come into contact with food, - take into account important technological developments in the area of food packaging, - ensure better traceability as well as labelling of materials and articles intended to come into contact with food, - improve the transparency of the authorisation process by specifying the various phases of the procedure, - give the possibility to the Commission to adopt for the implementing measures not only directives, but also decisions and regulations, as the latter are more appropriate for provisions, such as positive lists, - ensure better enforceability of the rules through the establishment of Community and national Reference Laboratories. As stated the proposal also deals with the issue of traceability which is an important part of current EU food legislation as it sets out a system to identify and trace all stages of food production. This is an important safeguard in the event of any possible contamination. The proposed Regulation applies the same principles to the production of food contact materials so businesses in the sector can identify where food contact materials and substances used in their manufacture have come from and where they have been supplied to. The new regulation was prepared following broad consultation with the Member States as well as professional and consumer organisations. It will create a more efficient legal framework and a more transparent procedure for authorising new substances.

activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2003/0689/COM_COM(2003)0689_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2003/0689/COM_COM(2003)0689_EN.pdf
activities/2/text/0
Old
The committee adopted the report by Astrid THORS (ELDR, FIN) amending the proposal under the 1st reading of the codecision procedure. A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The committee also tabled amendments designed to clarify the authorisation procedure. It stated explicitly that the authorisation of a substance shall take place through the adoption of a specific measure and that the applicant has the right to be informed within 7 days if, despite a positive opinion by the EFSA, the Commission decides not to prepare a draft specific measure. In such cases, the Commission will also be required to provide the applicant with an explanation of the reasons for its decision. MEPs were also concerned to make it clear in the legislation that substances which mask the odour of food - and hence disguise the fact that the food is going bad - should not be considered as active materials and should not therefore be permitted. And, in a bid to avoid a bureaucratic nightmare, they stipulated that the labelling requirements set out in the regulation should not be obligatory for "any articles which, because of their characteristics, are clearly designed to come into contact with food". They argued that, without such an amendment, every single item of domestic ware, such as drinking glasses used in hotels, which are sold unpackaged would have to be marked with the symbols listed in Annex II. Lastly, the committee introduced a new article designed to ensure that the rules did not create trade barriers for food producers from developing countries who might not be able to find suppliers of packaging materials which conform to EU legislation. It proposed measures such as a phased introduction of the requirements for imported products and the sending of Community experts to developing countries to help set up traceability schemes. �
New

The committee adopted the report by Astrid THORS (ELDR, FIN) amending the proposal under the 1st reading of the codecision procedure. A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The committee also tabled amendments designed to clarify the authorisation procedure. It stated explicitly that the authorisation of a substance shall take place through the adoption of a specific measure and that the applicant has the right to be informed within 7 days if, despite a positive opinion by the EFSA, the Commission decides not to prepare a draft specific measure. In such cases, the Commission will also be required to provide the applicant with an explanation of the reasons for its decision. MEPs were also concerned to make it clear in the legislation that substances which mask the odour of food - and hence disguise the fact that the food is going bad - should not be considered as active materials and should not therefore be permitted. And, in a bid to avoid a bureaucratic nightmare, they stipulated that the labelling requirements set out in the regulation should not be obligatory for "any articles which, because of their characteristics, are clearly designed to come into contact with food". They argued that, without such an amendment, every single item of domestic ware, such as drinking glasses used in hotels, which are sold unpackaged would have to be marked with the symbols listed in Annex II. Lastly, the committee introduced a new article designed to ensure that the rules did not create trade barriers for food producers from developing countries who might not be able to find suppliers of packaging materials which conform to EU legislation. It proposed measures such as a phased introduction of the requirements for imported products and the sending of Community experts to developing countries to help set up traceability schemes. �

activities/4/docs/0/text/0
Old
The European Parliament adopted the report Astrid THORS (ELDR, FIN). A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The text is the result of a broad compromise between the Parliament and Council. It sets conditions which must be met by products and materials coming into direct or indirect contact with food which is to be put on the market. MEPs want specific provisions ensuring traceability of objects which remain in contact with food, notably to allow a more effective response if product withdrawal is necessary. This is one of the aims of proper labelling: from now on all materials and articles intended to be in contact with food must be labelled "suitable for food contact" or carry a special food contact symbol, unless its own name already makes that clear (e.g. 'coffee pot') or if by its nature such a use can be "reasonably" expected. MEPs want the information on the product to be worded in a language that can be easily understood by consumers. This must be their own language - plus possibly other EU languages - otherwise the product would not be officially authorised to go on sale. On the question of authorisation, MEPs have approved the current principle of positive lists of approved substances and materials, meaning that a material is not deemed to be approved merely because it has not been explicitly banned. Authorisations are the subject of specific rules, whether for a substance, a material, an object or a procedure. New procedures for placing materials on the market and evaluating them in terms of health safety are set out, including in particular procedures for recycled material. A Member State observing that a substance initially thought to be in conformity with the rules in fact presents a risk to public health will be able to suspend the authorisation for that product on its territory. Lastly, Parliament completed the text by insisting on the need to take the needs of developing countries into account.�
New

The European Parliament adopted the report Astrid THORS (ELDR, FIN). A number of the amendments were aimed at aligning the draft legislation with other pieces of legislation in the field of food safety, e.g. the directives on additives and labelling and the 2002 regulation establishing the European Food Safety Authority (EFSA). The text is the result of a broad compromise between the Parliament and Council. It sets conditions which must be met by products and materials coming into direct or indirect contact with food which is to be put on the market. MEPs want specific provisions ensuring traceability of objects which remain in contact with food, notably to allow a more effective response if product withdrawal is necessary. This is one of the aims of proper labelling: from now on all materials and articles intended to be in contact with food must be labelled "suitable for food contact" or carry a special food contact symbol, unless its own name already makes that clear (e.g. 'coffee pot') or if by its nature such a use can be "reasonably" expected. MEPs want the information on the product to be worded in a language that can be easily understood by consumers. This must be their own language - plus possibly other EU languages - otherwise the product would not be officially authorised to go on sale. On the question of authorisation, MEPs have approved the current principle of positive lists of approved substances and materials, meaning that a material is not deemed to be approved merely because it has not been explicitly banned. Authorisations are the subject of specific rules, whether for a substance, a material, an object or a procedure. New procedures for placing materials on the market and evaluating them in terms of health safety are set out, including in particular procedures for recycled material. A Member State observing that a substance initially thought to be in conformity with the rules in fact presents a risk to public health will be able to suspend the authorisation for that product on its territory. Lastly, Parliament completed the text by insisting on the need to take the needs of developing countries into account.

activities/10/docs/1/url
Old
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2004:336:SOM:EN:HTML
New
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2004:336:TOC
links/European Commission/title
Old
PreLex
New
EUR-Lex
procedure/subject/0
3.10.10 Foodstuffs, foodstuffs legislation
procedure/subject/1
3.40.13 Food industry
procedure/summary
  • Repealing Directives 80/590/EEC and 89/109/EEC
  • See also
procedure/title
Old
Food safety: materials and articles intended to come into contact with food (repeal. Directive 89/109/EEC)
New
Materials and articles intended to come into contact with food
activities
  • date: 2003-11-17T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2003/0689/COM_COM(2003)0689_EN.pdf celexid: CELEX:52003PC0689:EN type: Legislative proposal published title: COM(2003)0689 type: Legislative proposal published body: EC commission:
  • date: 2003-11-20T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI body: EP responsible: True committee: ENVI date: 2003-11-27T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: ELDR name: THORS Astrid body: EP responsible: False committee: ITRE date: 2003-12-02T00:00:00 committee_full: Industry, External Trade, Research, Energy rapporteur: group: PSE name: CORBEY Dorette body: EP responsible: False committee: JURI date: 2004-01-22T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: HARBOUR Malcolm
  • body: EP committees: body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI body: EP responsible: True committee: ENVI date: 2003-11-27T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: ELDR name: THORS Astrid body: EP responsible: False committee: ITRE date: 2003-12-02T00:00:00 committee_full: Industry, External Trade, Research, Energy rapporteur: group: PSE name: CORBEY Dorette body: EP responsible: False committee: JURI date: 2004-01-22T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: HARBOUR Malcolm docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2004-147&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A5-0147/2004 date: 2004-03-15T00:00:00 type: Vote in committee, 1st reading/single reading
  • date: 2004-03-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20040330&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2004-03-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2004-235 type: Decision by Parliament, 1st reading/single reading title: T5-0235/2004 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2004-05-17T00:00:00 body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: X020
  • date: 2004-10-14T00:00:00 body: CSL type: Council Meeting council: Environment meeting_id: 2610
  • date: 2004-10-14T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2004-10-27T00:00:00 body: CSL type: Final act signed
  • date: 2004-10-27T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2004-11-13T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32004R1935 title: Regulation 2004/1935 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2004:336:SOM:EN:HTML title: OJ L 336 13.11.2004, p. 0004-0017
committees
  • body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI
  • body: EP responsible: True committee: ENVI date: 2003-11-27T00:00:00 committee_full: Environment, Public Health, Consumer Policy rapporteur: group: ELDR name: THORS Astrid
  • body: EP responsible: False committee: ITRE date: 2003-12-02T00:00:00 committee_full: Industry, External Trade, Research, Energy rapporteur: group: PSE name: CORBEY Dorette
  • body: EP responsible: False committee: JURI date: 2004-01-22T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: HARBOUR Malcolm
links
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
procedure
dossier_of_the_committee
ENVI/5/20360
reference
2003/0272(COD)
instrument
Regulation
legal_basis
EC Treaty (after Amsterdam) EC 095
stage_reached
Procedure completed
subtype
Legislation
title
Food safety: materials and articles intended to come into contact with food (repeal. Directive 89/109/EEC)
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject