Commission Regulation (EC) No 597/2008 of 24 June 2008 amending Regulation (EC) No 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods (Text with EEA relevance)
Date: 2008-06-24
Institutions: European Commission
Subjects: food contamination, food industry, food safety, foodstuffs legislation, health risk, plasticiser

L 164/12

EN

Official Journal of the European Union

25.6.2008

COMMISSION REGULATION (EC) No 597/2008

of 24 June 2008

amending Regulation (EC) No 372/2007 laying down transitional migration limits for plasticisers in
gaskets in lids intended to come into contact with foods

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1935/2004 of
the
European Parliament and of the Council of 27 October 2004
on materials and articles intended to come into contact with
food and repealing Directives 80/590/EEC and 89/109/EEC (1),
and in particular Article 5(1) thereof,

Whereas:

(1)

simulants

to be used for

constituents of plastic materials

Commission Directive 2007/19/EC of 2 April 2007
amending Directive 2002/72/EC relating to plastic
materials and articles intended to come into contact
with food and Council Directive 85/572/EEC laying
testing
down the list of
migration of
and
articles intended to come into contact with foodstuffs (2)
clarifies that gaskets in lids fall under the scope of
Commission Directive 2002/72/EC of 6 August 2002
relating to plastic materials and articles intended to
come into contact with foodstuffs (3). It stipulates that
Member States have to adopt measures by 1 May 2008
they
that allow free circulation of gaskets in lids if
comply with the specific migration limits (SMLs) set
down in Directive 2002/72/EC as amended. Point (b)
of the third subparagraph of Article 3(1) of Directive
2007/19/EC provides
to
prohibit the manufacture and imports of non-compliant
gaskets in lids as from 1 July 2008.

that Member

States

are

(3)

(4)

Directive 2007/19/EC for a transitional period pending
the implementation of that Directive. It sets down transi-
tional SMLs for the sum of plasticisers used in gaskets in
lids, so that the free circulation of those products is not
endangered, the lids and foods that pose a significant risk
are immediately excluded from the market and, at the
same time,
industry has sufficient time to finalise the
development of gaskets that comply with the SMLs laid
down in Directive 2002/72/EC as amended by Directive
2007/19/EC. That transitional period was set to last until
30 June 2008.

In December 2007 the Commission was informed by the
food and lid industry that by July 2008 not enough lids
tested for compliance with Directive 2002/72/EC will be
available on the market for the food industry to package
critical foods such as food in oil, pestos and fatty sauces.
Certain solutions are developed which do not work for
all products. Other solutions are not produced in all lid
sizes. For a number of solutions long-term storage seal
tightness and migration behaviour are not yet available.

are

lids

subject

Lids compliant with Directive 2007/19/EC will only start
being available as from July 2008 and testing by the food
industry of possible lid solutions will take place as from
that date. Taking into account that fatty food products
to seasonal
packaged with those
production and that food producers need some time to
test and choose the suitable solution for their products, it
is necessary to provide for a further transitional period
during which lids compliant with Regulation (EC) No
372/2007 may be used to package food by way of dero-
gation from point
the third subparagraph of
Article 3(1) of Directive 2007/19/EC. In line with point
(d) of
third subparagraph the transitional period
should end on 30 April 2009.

(b) of

that

(2)

Commission Regulation (EC) No 372/2007 (4) regulates
the placing on the market of gaskets in lids referred to in
point (b) of the third subparagraph of Article 3(1) of

(5)

Regulation (EC) No 372/2007 should therefore be
amended accordingly.

(1) OJ L 338, 13.11.2004, p. 4.
(2) OJ L 91, 31.3.2007, p. 17. Corrected by OJ L 97, 12.4.2007, p. 50.
(3) OJ L 220, 15.8.2002, p. 18. Directive as last amended by Directive

(6)

2008/39/EC (OJ L 63, 7.3.2008, p. 6).

(4) OJ L 97, 12.4.2007, p. 9.

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

opinion

the

the

of

25.6.2008

EN

Official Journal of the European Union

L 164/13

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 372/2007 is amended as follows:

gaskets in these lids, that together are composed of two or
more layers of different types of materials, may be placed on
the market
they comply with the
restrictions and specifications indicated in the Annex to
this Regulation.’

in the Community if

1. Article 1 is replaced by the following:

‘Article 1

By way of derogation from point (b) of the third subpara-
lids
graph of Article 3(1) of Directive 2007/19/EC,
forming
containing plastic

layers or plastic

coatings,

2. In Article 2 the date ‘30 June 2008’ is replaced by ‘30 April

2009’.

Article 2

This Regulation shall enter into force on 1 July 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 June 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission