No C 108/72 Official  Journal  of the  European  Communities 15. 5. 75 
ANNEX 
to the Opinion  of the Economic  and  Social  Committee 
The following  passage  in the Opinion  of the  Section  for Agriculture  was  withdrawn  following 
an amendment  adopted  unanimously  in the  course  of the  proceedings: 
Paragraph  2.13  (h)  (last  sentence): 
'It considers  that  a reduction  in unauthorized  chaptalization  should  be made  possible, 
in particular  by controlling  the  movement  of sugar  or by the  addition  of an indicator,  but 
without  causing  difficulties  for  Community  regions  where  this  practice  is warranted  and 
authorized  by law.' 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws  of the 
Member  States  relating  to materials  and  articles  intended  to come  into  contact  with 
foodstuffs 
The text  referred  to the  Committee  was  published  in Official  Journal  of the European 
Communities,  No  C 121  of 11 October  1974,  pages  27 to 30. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20 August  1974,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  under  Article  100  of the  Treaty  establishing  the  European 
Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 128th  plenary  session, 
held in Brussels  on 26 and  27 February  1975. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  referral  on 21 August  1974 
by the  Council  of the  European  Communities  of 
the proposal  for a Council  Directive  on the approxi-
mation  of the  laws  of the  Member  States  relating 
to materials  and  articles  intended  to come  into 
contact  with  foodstuffs; 
Having  regard  to the  Treaty  establishing  the Euro-
pean  Economic  Community,  and  in particular 
Article  100  thereof; 
Having  regard  to the  decision  taken  by its Bureau 
on 8 October  1974,  instructing  the  Section  for 
Protection  of the  Environment,  Public  Health  and 
Consumer  Affairs  to draw  up an Opinion  and  a 
report  on the  matter; Having  regard  to the  Opinion  adopted  by  the 
Section  for  Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs  on 11 February  1975 
and having  regard  to Mrs  Evans'  report; 
Having  regard  to the discussions  at its 128th  plenary 
session  of 26 and  27 February  1975,  sitting  of 27 
February, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the  proposal  for a Direc-
tive,  subject  to the  following  comments: 
15. 5. 75 Official  Journal  of the  European  Communities No C 108/73 
1. General  comments 
1.1. The  scope  of the Directive 
1.1.1.  It  is proposed  that  the  Directive  should 
apply  to all materials  and  articles  which  come  or 
are intended  to come  into  contact  with  food.  The 
scope  is very  wide,  embracing  as it does  all stages  of 
food  manufacture,  processing  and  marketing. 
1.1.2.  According  to the present  wording,  the pro-
posal  covers  all articles  and  materials  used  in any 
phase  of the entire  process  of production  and  dis-
tribution  up to the private  consumer. 
1.1.3.  The  proposal  should  state  expressly  that 
its provisions  apply  solely  to those  parts  of materials 
and articles  which  actually  come  into  contact  with 
foodstuffs. 
1.1.4.  The  proposal  should  include  a definition  of 
'foodstuffs'. 
1.1.5.  Without  a definition  of 'foodstuffs',  it is 
impossible  to pinpoint  the  production  stage  after 
which  a product  can  be considered  to be 'food'; 
it is also  impossible  to demarcate  the scope  of the 
present  proposal  accurately. 
1.1.6.  The  Committee  also  wonders  whether,  first 
and foremost,  specific  directives  should  not be used 
to deal  with  food  packaging,  that  is to say the stage 
when  food  is in contact  with  packaging,  with  a 
resultant  risk  of contamination  liable  to endanger 
health. 
1.1.7.  The  Committee  also  feels  that  'piping  for 
the public  supply  of drinking  water',  and  other 
means  of transporting  food  which  has  still  to be 
packaged,  should  not be exempt  from  the rules  and 
checks  laid  down  in the  Directive. 
1.2. Stability  of the relevant  materials  and  articles, 
food purity 
1.2.1.  The  Committee  endorses  enforcement  of 
this rule,  that  is to say  prohibition  of the  use  of 
materials  and  articles  which  may  contaminate  food 
with  constituents  liable  to endanger  health  or bring 
about  undesirable  changes  in either  the composition 
or the  organoleptic  characteristics  of food.  It is 
however  difficult,  if not impossible,  to decide  objec-tively  the extent  to which  such  changes  can be consi-
dered  undesirable,  since  the  personal  tastes  of 
consumers  are  involved. 
1.2.2.  The  Committee  also  wonders  whether  it is 
possible  to specify  exactly  what  quantity  of consti-
tuents,  transferred  from  packaging  to food,  repre-
sents  a health  hazard. 
1.2.3.  The  problem  of the  migration  of consti-
tuents  from  packaging  into  food  is extremely 
complex  and  the  Committee  feels  that  where  it is 
considered  necessary  to lay down  in implementing 
directives  the overall  permissible  limits  of migration, 
such  limits  should  take  account  primarily  of the 
characteristics  of the foodstuffs  and  only  secondar-
ily, of the characteristics  of the materials  and  articles 
concerned. 
1.2.4.  The  Committee  therefore  proposes  that 
checks  should  be carried  out at all stages  of produc-
tion and  distribution,  taking  particular  account  of 
the length  of time  for which  the food  is in contact 
with  the possible  contaminant. 
1.3. Positive  labelling 
1.3.1.  The  Committee  approves  the  ban  on the 
marketing  of any  materials  and  articles  which  are 
to come  into  contact  with  foodstuffs  and which  do 
not bear  a conventional  symbol  or the words  'for 
food  use'. 
1.3.2.  The  phrase  in question  should  appear  in 
the national  language  or languages  of the  Member 
State  where  the  product  is sold  and  should,  like 
indication  of the manufacturer's  name  and  address, 
or his registered  trade  mark,  be compulsory. 
1.3.3.  The  Committee  considers  that,  in the inte-
rests  of consumer  protection  and  public  health,  the 
provisions  of the  Directive  must  be sufficiently 
rigorous  and  clear. 
1.3.4.  In  this  context  the  Committee  wonders 
whether  it would  not be preferable  to mark  certain 
materials  and  articles  covered  by specific  Directives, 
at the production  stage  rather  than  at the marketing 
stage,  as this  would  make  marking  cheaper  and 
No C 108/74 Official  Journal  of the European  Communities 15. 5. 75 
technically  much  simpler,  and  at the  same  time 
reduce  the  risk  of errors. 
1.4. Implementing  Directives 
1.4.1.  The  general  principles  of the Directive  will 
be applied  by  specific  Directives  to individual 
categories  of materials  and  articles,  for example, 
glass,  plastics,  pottery,  paper  and  cardboard. 
1.4.2.  The  present  proposal  limits  itself  to laying 
down,  for  some  of these  specific  Directives,  the 
'positive  list'  principle,  that  is to say the principle 
that,  in certain  cases,  use  may  be made  only  of 
duly authorized  substances,  in a form  which  does 
not endanger  human  health. 
1.4.3.  The  Committee  endorses  the  principle  of 
positive  lists,  which  are the most  efficient  way  of 
ensuring  optimum  consumer  protection. 
1.4.4.  The  Committee  also  considers  that  manu-
facturers  must  be encouraged  to make  increasing 
use of materials  and  substances  which  do not 
endanger  human  health  in the production  of packa-
ging and  which  do not  present  particularly  acute 
problems  in respect  of waste  disposal. 
1.4.5.  On  the  other  hand,  it should  be remem-
bered  that  any  major  changes  in production  tech-
niques  could  boost  costs  and  thus  selling  prices. 
Consequently,  the  Committee  feels  that  for  the 
transitional  period  specific  measures  should  be taken 
as regards  the  replacement  of the  most  costly 
industrial  plant. 
1.4.6.  In  general  terms,  the Committee  is of the 
opinion  that  an information  campaign  to encourage 
the use  of non-polluting  articles  and  materials 
should  be mounted  at all stages,  particularly  the 
production  stage.  Consumers  should  also  be in-
formed  about  the correct  use of the various  types  of 
packaging  and  in particular  their  compatibility  with 
food. 
1.4.7.  The  Committee  stresses  that  the economic 
and social  groups  should  be involved  in the adap-
tation  of specific  directives  to technical  progress. 
1.5. Safeguard  measures 
1.5.1.  In  certain  cases,  the Member  States  will  be 
able to authorize  the temporary  use of certain  sub-
stances  and  materials  which  are not on the list of 
approved  substances. 1.5.2.  The  Committee  considers  that  the  proce-
dures  laid  down  in the proposal  should  be tightened 
up, so that  if it is necessary  to revoke  temporary 
authorizations,  steps  can  be taken  without  delay. 
1.5.3.  The  Committee  points  out  that,  in the 
opposite  case,  where  Member  States  ban  the use of 
materials  or articles  representing  a potential  hazard 
to health,  such  bans  become  operative  immediately 
and stay  in force  pending  a decision  taken  under  the 
procedure  prescribed  in the Directive. 
1.5.4.  In  addition,  the  Committee  recommends 
that sampling  procedures  and  analysis  methods 
used to check  compliance  with  specific  Directives 
should  be harmonized  at Community  level,  in order 
to preclude  differences  between  Member  States. 
1.5.5.  The  control  methods  so far examined  by 
the Commission  refer  only  to materials  or articles 
intended  to come  into  contact  with  food.  The 
Committee  therefore  believes  that  the  specific 
Directives  should  state  that  an appropriate  control 
methodology  applies  also  to checks  on materials  or 
articles  actually  in contact  with  food. 
2. Specific  comments 
2.1. Article  1 
To clarify  the scope  of the Directive  the Committee 
proposed  that  Article  1 (1) be amended  to read  as 
follows: 
'1. This  Directive  shall  apply  to those  parts  of 
materials  and  objects  which  in the finished  state 
come,  or are intended  to come,  into  contact  with 
foodstuffs.  Such  materials  and  articles  are here-
inafter  called  "materials  and  articles".' 
Since  such  piping  can  constitute  a very  serious 
health  hazard,  the Committee  also  proposes  deletion 
of the last  sentence  of Article  1: 
'However,  this Directive  shall  not apply  to piping 
for the public  supply  of drinking  water.' 
2.2. Article  2 
In the  interests  of effective  consumer  protection, 
the second  paragraph  of Article  2 should  be clarified 
15. 5. 75 Official  Journal  of the  European  Communities No C 108/75 
by insertion  of the  following  phrase  after  'used': 
'... at any  stage  of the  processing  or marketing 
of foodstuffs.' 
2.3. Article  3 
For the  reasons  given  in the  'General  comments' 
the Committee  proposes  that  'undesirable'  be re-
placed  by  'adverse'  and  that  'deterioration'  be 
deleted.  Article  3 would  then  read: 
'Materials  and  articles  must  not,  under  their 
normal  or foreseeable  conditions  of use,  transfer 
their  constituents  to foodstuffs  in a quantity  liable 
either  to endanger  human  health  or to entail  an 
adverse  change  in the  composition  or organo-
leptic  characteristics  of the  said  foodstuffs.' 
2.4. Article  4 (3) 
The second  subparagraph  should  be amended  to 
read  as follows: 
'Each  Member  State  shall  forthwith  inform  the 
other  Member  States  and  the  Commission  of 
every  authorization  granted  under  the  preceding 
subparagraph,  and  shall,  at the same  time,  furnish 
evidence  in support  of such  authorization.' 
2.5. Article  6 (2) 
The Committee  proposes  that  this  paragraph  be 
reworded  to read  as follows: 
'These  items  may  be shown  on the accompanying 
documents  at all  production  and  distribution 
stages.  The  said  documents  must  be  made 
available  to the  supervisory  bodies  for checks  to 
ensure  consumer  protection.' 
2.6. Article  6 (3) 
It would  be desirable  to make  the  provisions  of 
Article  6 (3) mandatory,  so as to ensure  uniform 
application  throughout  the  Member  States. The Committee  therefore  proposes  that  the relevant 
paragraph  should  be amended  to read  as follows: 
'Member  States  shall  prohibit  retail  trade  in 
materials  and  articles  on their,  territory,  if the 
items  specified  in paragraph  1 (a) and  (b) are not 
shown  in their  national  language  or languages  on 
the labels  or packaging.' 
2.7. Article  11 (1),  first  subparagraph 
Preparation  of the  specific  Directives  by which  the 
present  Directive  is to be implemented,  will  be a 
long  and  complex  task  inter  alia  owing  to the  lack 
of a methodology  for testing  the  suitability  of the 
various  materials  which  come  into  contact  with 
the innumerable  types  of food  (the  current  methods 
seem  to relate  exclusively  to articles  intended  to 
come  into  contact  with  food,  and  not  to articles 
which  have  already  come  into  contact  with  food). 
In these  circumstances  implementation  of the outline 
Directive  must  be put back  at least  a year  in order 
to ensure  that  it does  not  come  into  force  before 
the elaboration  of the specific  rules  for the individual 
sectors,  which  according  to Article  6 condition  the 
outline  Directive. 
The Committee  therefore  proposes  that  Article  11 (1) 
first subparagraph  should  be amended  to read  as 
follows: 
'1. Member  States  shall  within  two  years  follow-
ing notification  of this  Directive  make  such 
amendments  to their  laws  as may  be necessary  in 
order  to comply  with  its provisions  and  shall 
forthwith  inform  the  Commission  thereof.  The 
laws  so amended  shall  apply  to materials  and 
articles  and foodstuffs  manufactured  in or imported 
into the Community  on or after  a date  three  years 
from  the notification  of this  Directive.' 
The second  subparagraph  remains  unchanged. 
Done  at Brussels,  27 February  1975. 
The Chairman 
of the  Economic  and  Social  Committee 
Henri  CANONGE