Regulation 2011/284 - Specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware from or consigned from China and Hong Kong, China

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1.

Current status

This regulation has been published on March 23, 2011 and entered into force on April 12, 2011.

2.

Key information

official title

Commission Regulation (EU) No 284/2011 of 22 March 2011 laying down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong Special Administrative Region, China
 
Legal instrument Regulation
Number legal act Regulation 2011/284
CELEX number i 32011R0284

3.

Key dates

Document 22-03-2011
Publication in Official Journal 23-03-2011; Special edition in Croatian: Chapter 15 Volume 013,OJ L 77, 23.3.2011
Effect 12-04-2011; Entry into force Date pub. +20 See Art 10
01-07-2011; Application See Art 10
End of validity 31-12-9999

4.

Legislative text

23.3.2011   

EN

Official Journal of the European Union

L 77/25

 

COMMISSION REGULATION (EU) No 284/2011

of 22 March 2011

laying down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People’s Republic of China and Hong Kong Special Administrative Region, China

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 48(1) thereof,

Whereas:

 

(1)

Commission Directive 2002/72/EC (2) lays down specific provisions relating to plastic materials and articles intended to come into contact with foodstuffs, including compositional requirements, and restrictions and specifications for substances that may be used therein.

 

(2)

Several notifications and alerts have been received by the Rapid Alert System for Food and Feed pursuant to Article 50 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) concerning food contact materials imported into the Union from the People’s Republic of China (hereinafter ‘China’) and Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter ‘Hong Kong’), releasing into food or food simulant amounts of chemicals that are not in compliance with the Union legislation.

 

(3)

These notifications and alerts primarily concern polyamide and melamine plastic kitchenware that does not comply with the requirements concerning the release of primary aromatic amines and formaldehyde into food as laid down in Part A of Annex V and Section A of Annex II to Directive 2002/72/EC respectively.

 

(4)

Primary aromatic amines (hereinafter ‘PAA’) are a family of compounds, some of which are carcinogenic, while others of these compounds are suspected carcinogens. PAA may arise in materials intended for food contact as a result of the presence of impurities or breakdown products.

 

(5)

Polyamide kitchenware originating in or consigned from China and Hong Kong has been reported to release high level of PAA into food.

 

(6)

Directive 2002/72/EC authorises the use of formaldehyde in the manufacture of plastics, provided that these plastics do not release into food more than 15 mg/kg of formaldehyde (specific migration limit (SML) expressed as total formaldehyde and hexamethylenetetramine).

 

(7)

Melamine kitchenware originating in or consigned from China and Hong Kong has been reported to release into food levels of formaldehyde that are higher than those authorised.

 

(8)

In the past few years, in order to increase knowledge of the requirements set out in Union legislation concerning food contact materials imported into the Union, the Commission has taken several initiatives, including training sessions for Chinese control authorities and the industry concerned.

 

(9)

Despite those initiatives, the missions of the Food and Veterinary Office to China and Hong Kong in 2009 identified serious deficiencies in the official control system regarding plastic food contact materials intended for importation into the Union and large quantities of controlled polyamide and melamine plastic kitchenware originating in or consigned from China and Hong Kong still do not fulfil the requirements of Union legislation.

 

(10)

Regulation (EC) No 1935/2004 of the European Parliament and of the Council (4) lays down specific provisions relating to the materials and articles intended to come into contact directly or indirectly with food,...


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This text has been adopted from EUR-Lex.

 

5.

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