EC Evaluates Performance of FCM Legislation: What You Need to Know and How to Respond – Update from The ACTA Group

EC Evaluates Performance of FCM Legislation: What You Need to Know and How to Respond

As Brexit is eclipsing nearly all other developments in Europe these days, we write to alert you to another important development underway in the European Union (EU).  As discussed in detail below, the European Commission (EC) has initiated a process to evaluate and likely revise the EU framework addressing the regulation of food contact materials (FCM).  Regulation (EC) No 1935/2004 (Regulation) provides this framework and has done so since its adoption in October 2004 with varying degrees of success given the divergence of national standards sprinkled throughout the EU.  The framework provides for special rules on active and intelligent materials; powers to enact additional EU measures for specific materials; a procedure to perform safety assessments of substances used to manufacture FCMs involving the European Food Safety Authority (EFSA); rules on labeling, including an indication for use, either by language or the appropriate symbol; and compliance documentation and traceability.  The EC has wisely (and bravely given the complexity of the process) concluded there is a need to evaluate how the current Regulation has performed in relation to its original objectives, which were (1) to facilitate the free movement of FCMs and articles within the European Economic Community (EEC); and (2) to expand the scope of the previous legislation (Directives 80/590/EEC and 89/109/EEC) to include new types of materials and articles such as active ingredients and intelligent food contact materials, “for reasons of clarity and legal certainty,”  all while protecting public health and the interests of consumers.

Please see the full memorandum for more information on the Joint Research Center baseline study, the EC’s roadmap for the evaluation of FCMs and stakeholder workshop held in September 2018, the stakeholder consultation, and a commentary.

Read the full memorandum online by clicking here. 

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