WRITTEN QUESTION E-2137/99

by Bart Staes (Verts/ALE) to the Commission

(24 November 1999)

Subject: Ban on BADGE and BFDGE used as paints for tins

The Belgian federation has recently withdrawn from sale tins of sardines and tuna because of the possibly harmful effect of the chemical paint used for coating the tins.

Analyses conducted by the consumer organisation Test-Aankoop show that 50 65 % of the food in the tins investigated had been polluted with the chemical substances BADGE (biphenol-A-dyglycidylether) and BFDGE (biphenol-F-dyglycidylether).

BADGE is used as the innermost coating in tins. BFDGE is related to BADGE but may not be used on substances which come into contract with food. Nevertheless, Test-Aankoop found traces of BFDGE in 65 % of the tins analysed.

Given that imports of tins of sardines and tuna are not confined to the Belgian federation:

1. Is the Commission aware of similar BADGE and/or BFDGE problems in the other Member States of the European Union? If so, what action has been taken to remove contaminated food from shops? If not, will the Commission request Member States to carry out careful checks on the presence of BADGE and/or BFDGE in tinned food?

2. Is the Commission drafting a directive banning BADGE and BFDGE as innermost coating for tins? If so, what is the main thrust of this directive? If not, is the Commission prepared to issue a ban on the use of BADGE and BFDGE as coating layers for tins containing food, in the light of the carcinogenic effect of the two substances?

Supplementary answer given by Mr Liikanen on behalf of the Commission

(25 January 2000)

1. (a) The Commission is aware that some tins release BADGE (=Bisphenol A diglycidyl ether) and/or BFDGE (=Bisphenol F diglycidyl ether) and/or their derivatives. Similar studies have been carried out at national level(1),(2),(3) and by the Commission's Joint Research Centre(4).

(b) The national authorities have the power to withdraw foodstuffs exceeding the legal limits from the market. The Commission does not.

(c) The Commission will ask all the Member States to carry out tests to check for the presence of all these substances in foodstuffs using the most appropriate methods. However, it should be noted that the Member States have been attentive to the problem of the migration of these substances from tins coated with varnish for several years now.

2. (a) At present the Commission does not plan to prohibit the use of BADGE as a component of the varnishes used for coating tins. The Commission has just adopted Commission Directive 1999/91/EC of 23 November 1999, amending Directive 90/128/EEC relating to plastic materials and articles intended to come into contact with foodstuffs(5), which lays down a specific migration limit for this substance, in accordance with the latest opinion of the Scientific Committee for Food (SCF)(6). This limit is also applied by the Member States to tins coated with a layer of varnish.

With regard to BFDGE, and more particularly NOGE (=Novolac glycidyl ethers) containing BFDGE, which can be used to replace BADGE in certain clearly defined applications, the Commission cannot yet specify its position. The SCF, which examined the information on BFDGE at its meeting on 1-2 December 1999, has not yet officially adopted the minutes of the meeting, which should include a preliminary statement on the toxicity of these substances. The Commission will examine the content of this statement as soon as possible and, after consulting the Member States, take any measures required.

(b) On the basis of the SCF's opinions on BADGE already published(10),(7),(8) and of the provisional version of the SCF's preliminary statement on BFDGE, which will soon be available on the Internet(9), the Commission cannot share the view held by the Honourable Member and the press that these two substances are carcinogencic.

(1) Ministry of Agriculture, Food and Fisheries (MAFF) UK, survey of BADGE epoxy monomer in canned food (May 1997), MAFF project number FS2707. In: W. Summerfield, A. Goodson, I. Cooper. Food Additives and Contaminants, 1998, 15, 818-830.

(2) PIRA project on migration of monomers and overall migration. In: P.A. Tice. Food Additives and Contaminants, 1998, 5 (suppl. 1), 373-380.

(3) MAFF Food Safety Information Bulletin, 89, October 1997.

(4) Simoneau, C., Theobald A. and Anklam E.. Ispra report: results of a European survey of BADGE in canned fish in oil. January 23, 1998.

(5) OJ L 310, 4.12.1999.

(6) Opinion of the Scientific Committee of 24 March 1999 on Food on Bisphenol A Diglycidyl Ether (BADGE), http://www.europa.eu.int/comm/dg24/health/sc/scf/out28_en.html.

(7) Clarification and explanation of the SCF's opinion of 7 June 1996 on BADGE. Forty fourth series of Reports, (in press) or http://www.europa.eu.int/comm/dg24/health/sc/oldcomm7/out05_en.html.

(8) Opinion on Bisphenol A diglycidyl ether (BADGE), June 1996. SCF (1997). Fortieth series of Reports, GT 07 97652, Commission of the European Communities, Luxembourg.

(9) See http://www.europa.eu.int/comm/dg24/health/sc/scf/.

(10) PIRA project on migration of monomers and overall migration. In: P.A. Tice. Food Additives and Contaminants, 1998, 5 (suppl. 1), 373-380.