COMMISSION DIRECTIVE 95/3/EC of 14 February 1995 amending Directive 90/128/EEC relating to plastics materials and articles intended to come into contact with foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and in particular Article 3 thereof,
After consulting the Scientific Committee for Food,
Whereas the Community measures envisaged by this Directive are not only necessary but also indispensable for the attainment of the objectives of the internal market; whereas those objectives cannot be achieved by Member States individually; whereas, furthermore, their attainment at Community level is already provided for by Directive 89/109/EEC;
Whereas Commission Directive 90/128/EEC (2), as last amended by Directive 93/9/EEC (3), and in particular Article 3 (4) thereof, provides for the revision of Annex II and particularly Section B;
Whereas, on the basis of the information available, certain substances provisionally admitted at national level may be included in the Community list;
Whereas certain substances provisionally admitted at national level may continue to be permitted for a further specified period, since the data requested by the Scientific Committee for Food are not yet available although the requisite studies are in progress or are planned;
Whereas other substances have been requested for use following the adoption of Directive 90/128/EEC, and the technical data supplied permit their inclusion in the Community list;
Whereas, for certain substances, the restrictions already set out should be amended according to the information available;
Whereas it is necessary to extend this list to additives in order to obtain a more complete harmonization of this sector;
Whereas the number of substances to be included in a complete list of additives is so large that it is necessary to proceed step by step, although the final step will be a complete list of additives (positive list);
Whereas the list which appears in this Directive is an initial, incomplete list which, therefore, does not contain all the substances which are currently accepted in one or more Member States and then these substances can continue to be regulated by national laws pending a decision on inclusion in the Community list;
Whereas certain substances may require specific rules concerning purity criteria which are not yet included in this Directive, and therefore this aspect continues to be governed by national laws pending a decision at Community level;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 90/128/EEC is amended as follows:
1. The following Article 3a is inserted:
'Article 3a
An incomplete list of additives which may be used for the manufacture of plastics materials and articles is set out in Annex III.'
2. Annex II is amended as shown in Annex I to this Directive.
3. Annex II to this Directive is added as Annex III.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 April 1996. They shall immediately inform the Commission thereof.
Member States shall:
- permit, as from 1 April 1996, the trade in and use of plastic materials and articles intended to come into contact with foodstuffs complying with this Directive;
- prohibit, as from 1 April 1998, the trade in and use of plastic materials and articles intended to come into contact with foodstuffs and which do not comply with this Directive.
2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 3
This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.
Done at Brussels, 14 February 1995.