G/SPS/N/DEU/11  
 
1 August 2016  
(16-4089)  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; IC S numbers should be provided in 
addition, where applicable): Materials and articles in contact with food 
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-first Ordinance amending the Ordinance 
on Consumer Goods  Language(s): German and English  Number of pages: 109 
and 107, respectively 
http://members.wto.org/crnattachments/2016/SPS/DEU/16_3004_00_e.pdf  
http://members.wto.org/crnattachments/2016/SPS/DEU/16_3004_00_x.pdf  
6. Description of content: The Draft Twenty-first Ordi nance amending the German 
Ordinance on Consumer Goods establishes provisions for printed food contact materials. 
A positive list of evaluated substances permi tted to be used in printing inks for food 
contact materials will be introduced to avoid any negative effects on human health 
relating to dangerous substances migrating from printed food contact materials into 
foodstuffs in unacceptable amounts. The positive list will be continuously extended if appropriate toxicological data are made available to the competent authority based on a 
positive outcome of the risk assessment of these data (even during the notification 
process). Under specific conditions, other substances not listed in the positive list can be used for food contact materials of which the printed part will not be in direct contact with food; especially migration of these non-eval uated substances into food shall not be 
detectable (i.e. detection limit 0.01 mg/kg). 
Printed food contact materials legally placed on the market in accordance with the 
German provisions applicable before the date of entry into force of this Ordinance can be 
placed on the market until end of stocks. 
In addition, the possibility to issue exceptions to the rules stated in this Ordinance can 
be authorised upon request (based on Article 68 of the German Food and Feed Act, 
LFGB). 
7. Objective and rationale: [X] food safety, [ ] animal health, [ ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [ ] protect territory from 
other damage from pests.   
8. Is there a relevant international st andard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g. title or serial  n u m b e r  o f  C o d e x  
standard or related text)   G/SPS/N/DEU/11 
 
- 2 - 
 
  [ ] 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: 
Council of Europe Resolution AP(2005)2 on packaging inks applied to the non-food contact surface of food packaging materials and articles intended to come into contact with food (EnglOrdinance of the Swiss Confederation Federal Department of Home 
Affairs (EDHA) of 7 March 2008 Amending the Ordinance of the EDHA of 
23 November 2005 on Consumer Goods (SR 817.023.21) (available in German and French) 
10. Proposed date of adoption (dd/mm/yy) : Not yet fixed; expected 1 quarter 2017. 
Proposed date of publication (dd/mm/yy) : Not yet fixed; expected 1 quarter 2017. 
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; the 
provisions will be applicable 24 months after publication; for food contact materials of 
which direct contact of the printed part is not specifically intended but foreseeable under normal conditions of use (e.g. napkins) the provisions will be applicable 48 months after publication. 
[ ] Trade facilitating measure   
12. Final date for comments: [X] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 30 September 2016 
Agency or authority designated to hand le 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 Consumers, 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 Notifi cation Authority, [X] National Enquiry 
Point. Address, fax number and e-mail address (if available) of other body:   
European Commission  
DG Health and Consumers, 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