. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/368 
13 January 2010 
 (10-0126) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION 
 
1. Notifying Member:  EUROPEAN UNION
 
If applicable, name of local government involved:    
2. Agency responsible:  European Commission, Health & Consumers Directorate-General 
Directorate Directorate E - Safety of the food chain 
3. Products covered (provide tariff item numbe r(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 including catering containers and 
materials and articles in contact with dri nking water covered by TARIC positions 3919, 
3920, 3923, 3924. ICS number: 67.250 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[ ] All trading partners   
[X] Specific regions or countries:  EU member States and third countries exporting 
these products to the European Union  
5. Title of the notified document:  Draft Commission Decision concerning the non-inclusion 
of 2,4,4’-trichloro-2’-hydroxydiphenyl ether in the Union list of additives which may be 
used in the manufacture of plastic materials a nd articles intended to come into contact with 
foodstuffs under Directive 2002/72/EC  Language:  English  Number of pages:  3 
http://members.wto.org/crnattach ments/2010/sps/EEC/10_0029_00_e.pdf  
6. Description of content:  2,4,4’-trichloro-2’-hydroxydiphenyl ether is not authorized to be 
used as an additive in the manufacture of plas tic materials and articles intended to come 
into contact with foodstuff at Union leve l.  The company who submitted the scientific 
dossier for authorization of the substance informed the European Commission about its 
decision to stop selling the substance as suitable for food contact material plastics.  It is therefore necessary to adopt this draft decision concerning the non-inclusion of this 
substance in the Union list of authorized additives for use in food contact materials. 
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.    G/SPS/N/EEC/368 
Page 2  
 
  8. Is there a relevant international stan dard?  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:  European 
Commission Document SANCO 2009 10750 (available in English).  When adopted it will 
be published at the Official Journal available at:  http://eur-lex.europa.eu . 
Further to Document SANCO 2009 10750, informa tion relevant to this proposal can be 
found on the website of DG Health and Consumers at: 
http://ec.europa.eu/food/food/chemi calsafety/foodcontact/index_en.htm  
10. Proposed date of adoption (dd/mm/yy) :  March 2010 
Proposed date of publication (dd/mm/yy) :  March 2010 
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) :  Day of publication 
[X] Trade facilitating measure To facilitate trade whilst ensuring consumer safety.  
12. Final date for comments:  [X] Sixty days  from the date of circulation of the 
notification and/or (dd/mm/yy) :  14 March 2010 
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:  sps@ec.europa.eu 
13. Texts available from:  [X] National Notification Authority, [X] National Enquiry 
Point.  Address, fax number and e-mail address (if available) of other body:  
sps@ec.europa.eu