Commission Directive 2004/13/EC of 29 January 2004 amending Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs (Text with EEA relevance)
Date: 2004-01-29
Institutions: European Commission
Subjects: European standard, analytical chemistry, food inspection, foodstuff, packaging product, plastics

L 27/46

EN

Official Journal of the European Union

30.1.2004

COMMISSION DIRECTIVE 2004/13/EC

of 29 January 2004

amending Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles
intended to come into contact with foodstuffs

(Text with EEA relevance)

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
Member States relating to materials and articles intended to
come into contact with foodstuffs (1), and in particular Article
3 thereof,

the laws of

After consulting the European Food Safety Authority,

Whereas:

(1)

(2)

(3)

(4)

Commission Directive 2002/16/EC of 20 February 2002
on the use of certain epoxy derivatives in materials and
articles intended to come into contact with foodstuffs (2)
lays down certain rules applicable to the use/presence of
2,2-bis(4-hydroxyphenyl)propane
bis(2,3-epoxypropyl)
ether
(‘BADGE’), bis(hydroxyphenyl) methane bis(2,3-
epoxypropyl) ethers (‘BFDGE’), novolac glycidyl ethers
(‘NOGE’), and some of their derivatives, in materials and
articles intended to come into contact with foodstuffs.

That Directive provides that the use and/or presence of
BADGE in the manufacture of those materials and arti-
cles may only be continued until 31 December 2004.

The Scientific Committee on Food (SCF) requested toxi-
cological data to permit the evaluation of BADGE within
certain deadlines. The SCF also requested that new toxi-
cological data be supplied to evaluate the potential carci-
nogenicity of
chlorinated derivatives which were
included in the quantitative restriction to be applied to
the migration of BADGE provided for in Annex I to
Directive 2002/16/EC.

On 4 December 2002,
the SCF noted the negative
results on the potential carcinogenicity of the chlori-
nated derivatives of BADGE and the low exposure of the
European consumer to BADGE as a consequence of the
considerable reduction of the content of BADGE found
in canned food in the recent enquiries carried out by the
Member States and by the Joint Research Centre of the
European Commission. Therefore, it is considered admis-
sible to extend the provisional authorisation of BADGE

for one year, pending the submission of the new toxico-
logical data and their evaluation by the European Food
Safety Authority.

Directive 2002/16/EC provides that the requirements of
that Directive concerning BADGE, BFDGE and NOGE do
not apply to materials and articles covered by surface
coatings, and adhesives, which are brought into contact
with foodstuffs before 1 March 2003. Those materials
and articles may continue to be placed on the market
provided that the date of filling appears on the materials
and articles. In the interest of an unequivocal interpreta-
tion of how the date of filling should be applied on
materials and articles, it is appropriate to provide that
this date may be replaced by the ‘best before’ date as
provided for by Directive 2000/13/EC of the European
Parliament and of the Council (3), or another indication
such as the lot number required by Council Directive
89/396/EEC (4) for the foodstuffs packed in such mate-
rials and articles. It is, though, necessary that a link is
established between such indication and the date of
filling so that the latter can be always identified.

Directive 2002/16/EC should therefore be amended
accordingly.

The measures provided for in this Directive are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

(5)

(6)

(7)

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 2002/16/EC is amended as follows:

1.

in Article 2, second paragraph,
2004’ is replaced by the date ‘31 December 2005’;

the date ‘31 December

2. Article 5 is replaced by the following:

‘Article 5

Articles 2, 3 and 4 shall not apply to the materials and
1.
articles referred to in points (b) and (c) of the second sub-
paragraph of Article 1(1) which are brought into contact
with foodstuffs before 1 March 2003.

(1) OJ L 40, 11.2.1989, p. 38.
(2) OJ L 51, 22.2.2002, p. 27.

(3) OJ L 109, 6.5.2000, p. 29.
(4) OJ L 186, 30.6.1989, p. 21.

30.1.2004

EN

Official Journal of the European Union

L 27/47

Those materials and articles may be placed on the market
provided that the date of filling appears on the materials
and articles. However, the date of filling may be replaced by
another indication, provided that this indication permits the
identification of the date of filling. Upon request, the date of
filling shall be made available to the competent authorities
and any person enforcing the requirements of this Directive.

Paragraph 1 shall apply without prejudice to the

2.
requirements of Directive 2000/13/EC.’.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 2

Article 4

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 29 January 2005 at latest. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this Direc-
tive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

This Directive is addressed to the Member States.

Done at Brussels, 29 January 2004.

For the Commission

David BYRNE

Member of the Commission