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

COUNCIL DIRECTIVE
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
(89/109/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article  l00a thereof,
Having regard to the Proposal from the Commission,
In cooperation with the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the  Member States relating to materials and articles intended to come into contact with foodstuffs (3),  as last amended by the act of Accession of Spain and Portugal (4), has been substantially amended  on a number of occasions; whereas on making the new amendments to the said Directive, the  opportunity should be taken to consolidate the provisions of the existing relevant texts with a  view to ensuring legal clarity;
Whereas Directive 76/893/EEC was adopted on the grounds that the differences that existed at that  time between the national laws relating to the aforesaid materials and articles impeded the free  movement thereof, could create unequal conditions of competition and could thereby directly affect  the establishment or functioning of the common market;
Whereas those laws had to be approximated if free movement was to be achieved for the aforesaid  materials and articles, taking account primarily of human health requirements but also, within the  limits required for the protection of health, of economic and technological needs;
Whereas the chosen method was to lay down, in the first place, in a framework directive, general  principles on the basis of which legal differences between certain groups of materials and articles  had been and could subsequently be
eliminated by means of specific directives; whereas this method  has proved itself and should therefore be retained;
Whereas covering or coating substances, all or part of which form part of foodstuffs, could not  be considered to be simply in contact with these foodstuffs: whereas, in that case, account had to  be taken of possible direct consumption by consumers; whereas the rules laid down in this Directive  are therefore inappropriate in such circumstances;
Whereas the principle underlying this Directive should be that any material or article intended to  come into contact or which is intentionally in contact either directly or indirectly with  foodstuffs, must be sufficiently stable not to transfer substances to the foodstuffs in quantities  which could endanger human health or bring about an unacceptable change in the composition of the  foodstuffs or a deterioration in the organoleptic properties thereof;
Whereas, in order to achieve this objective, it may prove necessary to lay down various types of  limitations, alone or in combination; whereas it is appropriate to retain in specific directives  those limitations which are most appropriate to the desired objective, having regard to the  technological characteristics peculiar to each group of materials and articles;
Whereas, in order to allow the informed use of the materials and articles, appropriate labelling  should be provided for; whereas the methods used for such labelling may vary according to the  user;
Whereas this Directive does not apply to the labelling of products which, by reason of their  behaviour in the presence of foodstuffs, must not be designed to come into contact or be in contact  with them;
Whereas the drafting of specific directives implementing the basic principles and of amendments  thereto constitute technical implementing measures; whereas, in order to simplify and expedite the  procedure, the adoption of these measures should be entrusted to the Commission;
Whereas the Scientific Committee for Food, set up by Commission Decision 74/234/EEC (5), should be  asked for its opinion before provisions liable to affect public health are adopted under specific  directives;
Whereas it is desirable that in all cases where the Council empowers the Commission to implement  rules relating to foodstuffs, provision should be made for a procedure establishing close  cooperation between the Member States and the Commission within the Standing Committee on  Foodstuffs set up by Council Decision 69/414/EEC (1)