Article 1
Directive 2002/72/EC is amended as follows:
1. Article 1 is amended as follows:
  1. paragraph 2 is replaced by the following:
2.
This Directive shall apply to the following materials and articles which, in the finished product state, are intended to come into contact or are brought into contact with foodstuffs and are intended for that purpose (hereafter referred to as
“
plastic materials and articles
” ):
a
materials and articles and parts thereof consisting exclusively of plastics;
b
plastic multi-layer materials and articles;
c
plastic layers or plastic coatings, forming gaskets in lids that together are composed of two or more layers of different types of materials.
  2. paragraph 4 is replaced by the following:
4.
Without prejudice to paragraph 2(c), this Directive shall not apply to materials and articles composed of two or more layers, one or more of which does not consist exclusively of plastics, even if the one intended to come into direct contact with foodstuffs does consist exclusively of plastics.
2. The following Article 1a is inserted:
Article 1a
For the purpose of this Directive the following definitions shall apply:
  1. “
plastic multi-layer material or article
”
means a plastic material or article composed of two or more layers of materials, each consisting exclusively of plastics, which are bound together by means of adhesives or by other means;
  2. “
plastic functional barrier
”
means a barrier consisting of one or more layers of plastics which ensures that the finished material or article complies with Article 3 of Regulation (EC) No 1935/2004 of the European Parliament and of the Council
and with this Directive;
  3. “
non-fatty foods
”
means foods for which in migration testing simulants other than simulant D are laid down in Directive 85/572/EEC.
3. Article 2 is replaced by the following:
Article 2
1
Plastic materials and articles shall not transfer their constituents to foodstuffs in quantities exceeding 60 milligrams of the constituents released per kilogram of foodstuff or food simulant (mg/kg) (overall migration limit).
However, this limit shall be 10 milligrams per square decimetre of surface area of material or article (mg/dm
2
) in the case of the following:
a
articles which are containers or are comparable to containers or which can be filled, with a capacity of less than 500 millilitres (ml) or more than 10 litres (l);
b
sheet, film or other material or articles which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of such material or article and the quantity of food in contact therewith.
2
For plastic materials and articles intended to be brought into contact with or already in contact with food intended for infants and young children, as defined by Commission Directives 91/321/EEC
and 96/5/EC
, the overall migration limit shall always be 60 mg/kg.
4. In Article 4(2), the date of
‘
1 July 2006
’
is replaced by
‘
1 May 2008
’ .
5. The following Articles 4c, 4d and 4e are inserted:
Article 4c
For the use of additives for the manufacture of plastic layers or plastic coatings in lids referred to in Article 1(2)(c), the following rules shall apply:
  1. for the additives listed in Annex III, the restrictions and/or specifications on their use set out in that Annex shall apply, without prejudice to Article 4(2);
  2. by way of derogation from Article 4(1) and Article 4a(1) and (5), additives not listed in Annex III may continue to be used, until further review, subject to national law;
  3. by way of derogation from Article 4b Member States may continue to authorise additives for the manufacture of plastic layers or plastic coatings in lids referred to in Article 1(2)(c) at national level.
Article 4d
For the use of additives exclusively acting as polymerisation production aids which are not intended to remain in the finished article (hereinafter PPAs), for the manufacture of plastic materials and articles, the following rules shall apply:
  1. for the PPAs listed in Annex III, the restrictions and/or specifications on their use set out in Annex III shall apply, without prejudice to Article 4(2);
  2. by way of derogation from Article 4(1) and Article 4a(1) and (5), the PPAs not listed in Annex III may continue to be used, until further review, subject to national law;
  3. by way of derogation from Article 4b, Member States may continue to authorise PPAs at national level.
Article 4e
The use of azodicarbonamide, Ref. No 36640 (CAS No 000123-77-3) in the manufacture of plastic materials and articles is prohibited.
6. In Article 5a paragraph 2 is replaced by the following:
2.
At the marketing stages other than the retail stages, plastic materials and articles which are intended to be placed in contact with foodstuffs and which contain additives referred to in paragraph 1 shall be accompanied by a written declaration containing the information referred to in Article 9.
7. In Article 7 the following paragraph is added:
For plastic materials and articles intended to be brought into contact with or already in contact with food for infants and young children, as defined by Directives 91/321/EEC and 96/5/EC, the SMLs shall always be applied as mg/kg.
8. The following Article 7a is inserted:
Article 7a
1
In a plastic multi-layer material or article, the composition of each plastic layer shall comply with this Directive.
2
By way of derogation from paragraph 1, a layer which is not in direct contact with food and is separated from the food by a plastic functional barrier, may, provided that the finished material or article complies with the specific and overall migration limits specified in this Directive:
a
not comply with the restrictions and specifications set in this Directive,
b
be manufactured with substances other than those included in this Directive or in the national lists concerning the plastic materials and articles intended to come into contact with food.
3
The migration of the substances referred to in paragraph 2(b) into food or simulant shall not exceed 0,01 mg/kg, measured with statistical certainty by a method of analysis in accordance with Article 11 of Regulation (EC) No 882/2004 of the European Parliament and of the Council
. This limit shall always be expressed as concentration in foods or simulants. It shall apply to a group of compounds, if they are structurally and toxicologically related, in particular isomers or compounds with the same relevant functional group, and shall include possible set-off transfer.
4
The substances referred to in paragraph 2(b) shall not belong to either of the following categories:
a
substances classified as proved or suspect
“
carcinogenic
”, “
mutagenic
”
or
“
toxic to reproduction
”
substances in Annex I to Council Directive 67/548/EEC
;
b
substances classified under the self-responsibility criteria as
‘
carcinogenic
’ , ‘
mutagenic
’
or
‘
toxic to reproduction
’
according to the rules of Annex VI to Directive 67/548/EEC.
9. In Article 8 the following paragraph 5 is added:
5.
Notwithstanding paragraph 1, for phthalates (Ref. No 74640, 74880, 74560, 75100, 75105) referred to in Annex III Section B, the verification of the SML shall only be performed in food simulants. However, verification of the SML may be performed in food where the food has not already been in contact with the material or article and is pre-tested for the phthalate and the level is not statistically significant or greater than or equal to the limit of quantification.
10. Article 9 is replaced by the following:
Article 9
1
At the marketing stages other than the retail stage, plastic materials and articles as well as the substances intended for the manufacturing of those materials and articles, shall be accompanied by a written declaration in accordance with Article 16 of Regulation (EC) No 1935/2004.
2
The declaration referred to in paragraph 1 shall be issued by the business operator and shall contain the information laid down in Annex VIa.
3
Appropriate documentation to demonstrate that the materials and articles as well as the substances intended for the manufacturing of those materials and articles comply with the requirements of this Directive shall be made available by the business operator to the national competent authorities on request. That documentation shall contain the conditions and results of testing, calculations, other analysis, and evidence on the safety or reasoning demonstrating compliance.
11. Annexes I, II and III are amended in accordance with Annexes I, II and III to this Directive.
12. The text in Annex IV to this Directive is inserted as Annex IVa.
13. Annexes V and VI are amended in accordance with Annexes V and VI to this Directive.
14. The text in Annex VII to this Directive is inserted as Annex VIa.
OJ L 338, 13.11.2004, p. 4 . ’
OJ L 175, 4.7.1991, p. 35 .
OJ L 49, 28.2.1996, p. 17 . ’
OJ L 165, 30.4.2004, p. 1
, as corrected by
OJ L 191, 28.5.2004, p. 1
.
OJ 196, 16.8.1967, p. 1 . ’
Substituted by Corrigendum to Commission Directive 2007/19/EC of 30 March 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 down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs (Official Journal of the European Union L 91 of 31 March 2007).