No. C 328/8 Official Journal of the European Communities 22. 12. 86
Opinion on the proposal for a Council Directive on the approximation of the laws of
the Member States relating to materials and articles intended to come into contact with
' foodstuffs (!)
(86/C 328/03)
On 29 April 1986 the Council decided to consult the Economic and Social Committee,
under Article 198 of the Treaty establishing the European Economic Community, on the
abovementioned proposal.
The preparatory work was referred to the Section for Protection of the Environment, Public
Health and Consumer Affairs. This appointed Mr Poul Antonsen as rapporteur.
The Section adopted its opinion on 1 and 2 September 1986.
At its 239th plenary session (meeting of 17 September 1986) the Economic and Social
Committee adopted the following opinion unanimously:
1. General comments
1.1. The Committee approves the Commission's pro-
posal subject to the following comments.
1.2. The Committee has reservations regarding the
proposed 'Advisory Committee Procedure', but this
subject is dealt with in its opinion on 'Completion of
the Internal Market: Community Legislation on Food-
stuffs'.
2. Specific Comments
2.1. Article 2
The Committee welcomes the emphasis put by the
Commission on public health, and stresses the need to
treat public health as a matter of the utmost importance.
2.2. Article 2
There seems to be a discrepancy between the English
(bring about an unacceptable change in the composition
of the foodstuffs or a deterioration in the organoleptic
characteristics thereof) and German versions of the
second indent. The discrepancy is also found in the
present Directive 76/893/EEC.
2.3. Article 2
The word 'unacceptable' is imprecise, its meaning
should be specified.
(!) OJ No C 124, 23. 5. 1986, p. 10.
2.4. Article 3
The Committee feels it should be made clear that rules
on composition can be applied, as well as rules on
migration. Care should be taken to ensure that Ar-
ticle 3 is not administered in such a way as to constitute
a trade barrier.
2.5. Article 5
The Committee draws attention to the need for label-
ling to take account of the requirements of the blind
and weak-sighted.
2.6. Article 9
The Committee feels that this article should specify a
time limit, consistent with those set in Article 10, for
repeal of Directive 76/893/EEC.
2.7. Annex I
The Committee proposes that the Commission add
'covering materials made of paraffin or microcrystalline
wax' as these are not considered to be plastics for the
purposes of Article 1 of Directive 82/711/EEC.
2.8. Annex 11.2
The Committee finds that the expression 'suitable' is
not clear and does not give any indication of what
toxicological testing would be needed in a given case.
(The Commission has, however, at the Section meeting
referred to reports of the Scientific Committee for Food,
Third series, 1977: Toxicological evaluation of a sub-
stance for materials and articles intended to come into
contact with foodstuffs.)
Done at Brussels, 17 September 1986.
The Chairman
of the Economic and Social Committee
Gerd MUHR
Full & Egal Universal Law Academy