G/SPS/N/DEU/12  
 
22 March 2021  
(21-2349) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  
NOTIFICATION  
1. Notifying Member:  GERMANY  
If applicable, name of local government involved:   
2. Agency responsible:  Federal Ministry of Food and Agriculture  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Materials and articles in contact with food (fcm) made from recycled 
paper and board  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Draft Twenty -second Ordinance amending the 
Consumer Goods  Ordinance . Language(s):  English and German . Number of pages:  16 
https://members.wto.org/crnattachments/2021/SPS/DEU/21_2072_00_e.pdf  
https://members.wto.org/crnattachments/2021/SPS/DEU/21_2072_00_x.pdf  
6. Description of content:  The Draft Twenty -second Ordinance amending the German 
Ordinance on Consumer Goods establishes provisions minimising the transfer of mineral 
oil aromatic hydrocarbons (MOAH) from materials and articles in contact with food (fcm) 
made from recycled paper and board. The Federal Institute for Risk Assessment (BfR) 
and the European Food Safety Authority (EFSA) raised concerns about intake of MOAH 
due to a possible carcinogenic potential. For the aforementioned fcm a functional barrier 
shall be obligatory unless a) the manufacturer of the fmc or the person responsible for 
the placing on the market of the fcm could ensure by other means that a transfer of MOAH 
into food does not occur or b) the food business operator using the fcm declares that a 
functional barrier is not required. In such cases, the food business operator hims elf has 
to ensure by appropriate means that MOAH will not be transferred into food (e.g. by using 
a separate inner bag blocking MOAH transfer; or due to the characteristics of the food; or 
the packaging/use conditions avoid MOAH transfer). A limit of detec tion for a "non -
transfer" of MOAH from such fcm of 0.5 mg MOAH/kg food will be applied. In case that 
testing of MOAH transfer from the recycled paper and board food contact materials and 
articles is carried out in food simulants, a detection limit of 0.15 mg MOAH/kg simulant 
applies (due to absence of significant negative matrix effects which are especially relevant 
as regards MOAH analytics in foodstuffs). The measure offers the possibility of continuous 
use of recycled paper and board in fcm while ensurin g safety.  
The possibility to issue exceptions to the rules stated in this Ordinance can be applied 
upon request (based on Article 68 of the German Food and Feed Act, LFGB).  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protecti on, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   G/SPS/N/DEU/12  
 
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  8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:    
10. Proposed date of adoption (dd/mm/yy) : Not yet fixed.  
Proposed date of publication (dd/mm/yy) : Not yet fixed.  
11. Proposed date of entry into force: [  ] Six months from date of publication , 
and/or  (dd/mm/yy) : The Ordinance will enter into force the day after publication (date 
of publication unknown at present); the provisions will be applicable after three years 
after publication; in addition a subsequent two years sales period will be provided.  
[X] Trade faci litating measure  The possibility to issue exceptions to the rules stated 
in this Ordinance can be applied upon request (based on Article 68 of the German 
Food and Feed Act, LFGB).  
12. Final date for comments: [X]  Sixty days from the date of circulation of  the 
notification and/or (dd/mm/yy) : 21 May 2021  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address 
(if available) of other body:   
European Commission  
DG Health and Food Safety, Unit D2 - Multilateral international relations  
Rue Froissart 101  
B 1049 Brussels  
Tel: +(32 2) 29 54263  
Fax: +(32 2) 29 98090  
E-mail: sps@ec.europa.eu  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
European Commission  
DG Health and Food Safety, Unit D2 - Multilateral international relations  
Rue Froissart 101  
B 1049 Brussels  
Tel: +(32 2) 29 54263  
Fax: +(32 2) 29 98090  
E-mail: sps@ec.europa.eu