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23.3.2011 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,
(5)
Polyamide kitchenware originating in or consigned from
China and Hong Kong has been reported to release high
level of PAA into food.
Having regard to the Treaty on the Functioning of the European
Union,
(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
Having regard to Regulation (EC) No 882/2004 of the European
of formaldehyde (specific migration limit (SML)
Parliament and of the Council of 29 April 2004 on official
expressed as total formaldehyde and hexamethylenetet
controls performed to ensure the verification of compliance
ramine).
with feed and food law, animal health and animal welfare
rules ( 1 ), and in particular Article 48(1) thereof,
(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
Whereas:
authorised.
(1) Commission
Directive
2002/72/EC
(
(8) In
the
past
few
years,
in
order
to
increase
knowledge
of

2 ) lays down specific
provisions relating to plastic materials and articles
the requirements set out in Union legislation concerning
intended to come into contact with foodstuffs,
food contact materials imported into the Union, the
including compositional requirements, and restrictions
Commission has taken several initiatives, including
and specifications for substances that may be used
training sessions for Chinese control authorities and the
therein.
industry concerned.
(9) Despite
those
initiatives,
the
missions
of
the
Food
and
(2) Several
notifications
and
alerts
have
been
received
by
the
Veterinary Office to China and Hong Kong in 2009
Rapid Alert System for Food and Feed pursuant to
identified serious deficiencies in the official control
Article 50 of Regulation (EC) No 178/2002 of the
system regarding plastic food contact materials intended
European Parliament and of the Council ( 3 ) concerning
for importation into the Union and large quantities of
food contact materials imported into the Union from
controlled polyamide and melamine plastic kitchenware
the People’s Republic of China (hereinafter ‘China’) and
originating in or consigned from China and Hong Kong
Hong Kong Special Administrative Region of the People’s
still do not fulfil the requirements of Union legislation.
Republic of China (hereinafter ‘Hong Kong’), releasing
into food or food simulant amounts of chemicals that
are not in compliance with the 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
(3) These
notifications
and
alerts
primarily
concern
with food, including certain general and specific
polyamide and melamine plastic kitchenware that does
requirements that these materials and articles should
not comply with the requirements concerning the release
fulfil. Pursuant to Article 24 thereof, Member States
of primary aromatic amines and formaldehyde into food
shall carry out official controls in order to enforce
as laid down in Part A of Annex V and Section A of
compliance with that Regulation in accordance with the
Annex II to Directive 2002/72/EC respectively.
relevant provisions of Union law relating to official food
and feed controls. Those provisions are laid down in
Regulation (EC) No 882/2004.
(4) Primary
aromatic
amines
(hereinafter
‘PAA’)
are
a
family
of compounds, some of which are carcinogenic, while
others of these compounds are suspected carcinogens.
(11) More
specifically,
Article
48(1)
of
Regulation
(EC)
No
PAA may arise in materials intended for food contact
882/2004 provides that in so far as Union legislation
as a result of the presence of impurities or breakdown
does not lay down the conditions and detailed
products.
procedures to be respected when importing goods from
third countries, they may, if necessary, be laid down by
the Commission.
( 1 ) OJ L 165, 30.4.2004, p. 1.
( 2 ) OJ L 220, 15.8.2002, p. 18.
( 3 ) OJ L 31, 1.2.2002, p. 1.
( 4 ) OJ L 338, 13.11.2004, p. 4.

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L 77/26
EN
Official Journal of the European Union
23.3.2011
(12) Article
48(2)
of
Regulation
(EC)
No
882/2004
provides
(19) A
procedure
for
recording
the
information
obtained
from
for the possibility to impose specific import conditions
these controls should be established. This information
on particular products coming from certain third
should be submitted regularly to the Commission.
countries, taking into account the risks associated with
these products.
(20) The
provisions
of
this
Regulation
should
be
periodically
reviewed, taking into account the information received
(13) In
order
to
minimise
the
health
risks
that
may
arise
from
from the Member States.
polyamide and melamine plastic kitchenware originating
in or consigned from China or Hong Kong, each
consignment of such products should be accompanied
(21) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
by appropriate documentation, including analytical
Committee on the Food Chain and Animal Health,
results showing that it meets the requirements

concerning the release of PAA and formaldehyde
respectively, as laid down in Directive 2002/72/EC.
HAS ADOPTED THIS REGULATION:
(14) In order to ensure a more efficient organisation of the
Article 1
controls of polyamide and melamine plastic kitchenware
Subject matter
originating in or consigned from China or Hong Kong,
the importers or their representatives should give prior
This Regulation lays down specific conditions and detailed
notification of the arrival and of the nature of the
procedures for the import of polyamide and of melamine
consignments. Likewise, Member States should have the
plastic kitchenware originating in or consigned from the
possibility to designate specific first points of intro
People’s Republic of China (hereinafter ‘China’) and Hong
duction through which consignments of these articles
Kong Special Administrative Region of the People’s Republic
may enter the Union. This information should be
of China (hereinafter ‘Hong Kong’).
publicly available.
Article 2
(15) In
order
to
ensure
a
degree
of
uniformity
at
the
Union
Definitions
level with regard to the controls of polyamide and
melamine plastic kitchenware originating in or
For the purpose of this Regulation the following definitions
consigned from China or Hong Kong, the procedure
shall apply:
for the official controls, as defined in Article 2 of Regu
lation (EC) No 882/2004, should be defined in this Regu
lation. These controls should include documentary,
(a) ‘plastic kitchenware’ means plastic materials as described in
identity and physical checks.
paragraphs 1 and 2 of Article 1 of Directive 2002/72/EC
and falling within CN code ex 3924 10 00;
(16) In
the
event
of
non-compliance
being
identified
during
(b) ‘consignment’ means a quantity of polyamide or melamine
the physical checks, Member States should immediately
plastic kitchenware, covered by the same document(s),
inform the Commission through the Rapid Alert System
conveyed by the same means of transport and coming
for Food and Feed.
from the same third country;
(17) Member
States
should
have
the
possibility,
in
specific
(c) ‘competent authorities’ means the competent authorities of
cases, to authorise the onward transportation of
the Member States designated in accordance with Article 4
consignments of polyamide and melamine plastic
of Regulation (EC) No 882/2004;
kitchenware originating in or consigned from China or
Hong Kong from the first point of introduction, provided
arrangements are made with the competent authority at
(d) ‘first point of introduction’ means the point of entry of a
the point of destination to ensure the traceability of the
consignment into the Union;
consignments pending the results of the physical checks,
in order to allow the competent authority to deal with
the process of importing such consignments effectively
(e) ‘documentary check’ means the checking of the documents
and efficiently.
referred to in Article 3 of this Regulation;
(f) ‘identity check’ means a visual inspection to ensure that the
(18) The release into free circulation of polyamide and
documents accompanying the consignment tally with the
melamine plastic kitchenware originating in or
contents of the consignment;
consigned from China or Hong Kong should take place
only once all the checks have been completed and the
results are known. For that purpose the result of the
(g) ‘physical check’ means the sampling for analysis and
controls should be made available to the customs
laboratory testing and any other check necessary to verify
authorities before the goods can be released for free
compliance with the requirements concerning the release of
circulation.
PAA and formaldehyde laid down in Directive 2002/72/EC.

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EN
23.3.2011 Official
Journal
of
the
European
Union L
77/27
Article 3
The Commission shall display on its website; for information
purposes, the links to the national lists of specific first points of
Import conditions
introduction.
1. Polyamide
and
melamine
plastic
kitchenware
originating
in or consigned from China and Hong Kong shall be imported
into the Member States only if the importer submits to the
Article 6
competent authority for each consignment a declaration, duly
completed, confirming that it meets the requirements
Controls at the first point of introduction
concerning the release of primary aromatic amines and formal
1. The
competent
authority
at
the
first
point
of
introduction
dehyde laid down in Part A of Annex V and in Section A of
shall carry out:
Annex II to Directive 2002/72/EC respectively.
(a) documentary checks on all consignments within two
2. A
model
of
the
declaration
referred
to
in
paragraph
1
is
working days from the time of their arrival;
set out in the Annex to this Regulation. The declaration shall be
drawn up in the official language, or in one of the official
languages, of the Member State in which the consignment is
imported.
(b) identity and physical checks, including laboratory analysis of
10 % of consignments, and in such a way that it is not
possible for the importers or their representatives to
3. The
declaration
referred
to
in
paragraph
1
shall
be
accom
predict whether any particular consignment will be
panied by a laboratory report providing:
subjected to such checks; the results of physical checks
must be available as soon as technically possible.
(a) as regards polyamide kitchenware, analytical results demon
strating that they do not release into foods or food
2. If
the
laboratory
analysis
referred
to
in
point
(b)
of
simulants primary aromatic amines in a detectable
paragraph 1 identifies non-compliance, the competent
quantity. The detection limit applies to the sum of
authorities shall immediately inform the Commission of the
primary aromatic amines. For the purpose of the analysis
results through the Rapid Alert System for Food and Feed
the detection limit for primary aromatic amines is set at
established by Article 50 of Regulation (EC) No 178/2002.
0,01 mg/kg food or food simulants;
Article 7
(b) as regards melamine kitchenware, analytical results demon
Onward transportation
strating that they do not release into foods or food
simulants formaldehyde in a quantity exceeding 15 mg/kg
The competent authority at the first point of introduction may
food.
authorise the onward transportation of the consignments ori-
ginating in or consigned from China and Hong Kong, pending
the results of the checks referred to in point (b) of Article 6(1).
4. The
competent
authority
shall
indicate
in
the
declaration
set out in the Annex to this Regulation, whether the goods are
acceptable or not for release into free circulation, depending on
If the competent authority grants the authorisation referred to
whether they fulfil the terms and conditions provided for in
in the first paragraph, it shall notify the competent authority at
Directive 2002/72/EC as set out in paragraph 1.
the point of destination and shall supply a copy of the
declaration set out in the Annex, duly completed as provided
in Article 3 and the results of the checks referred to in point (b)
Article 4
of Article 6(1), as soon as the latter are available.
Prior notification of consignments
Importers or their representatives shall notify the competent
The Member States shall ensure that appropriate arrangements
authority at the first point of introduction at least two
are put in place to ensure that the consignments remain under
working days in advance of the estimated date and time of
the continuous control of the competent authorities and cannot
physical arrival of consignments originating in or consigned
be tampered with in any way pending the results of the checks
from China and Hong Kong.
mentioned in point (b) of Article 6(1).
Article 5
Article 8
Notification of the first point of introduction
Release for free circulation
Where the Member States decide to designate specific first
The release for free circulation of polyamide and melamine
points of introduction for consignments originating in or
plastic kitchenware originating in or consigned from China
consigned from China and Hong Kong, they shall publish on
and Hong Kong is subject to the presentation to the customs
the Internet an up-to-date list of these points and communicate
authorities of the declaration set out in the Annex duly
the Internet address to the Commission.
completed as provided for in Article 3.

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L 77/28
EN
Official Journal of the European Union
23.3.2011
Article 9
2. Member
States
shall
submit
to
the
Commission
a
report
including the information referred to in paragraph 1, quarterly
Reporting to the Commission
by the end of the month following each quarter.
1.
When checks referred to in Article 6(1) are performed, the
competent authorities shall keep records of the following
information:
Article 10
(a) details of each consignment checked, including:
Entry into force
(i) the size in terms of number of articles;
This Regulation shall enter into force on the 20th day following
(ii) the country of origin;
its publication in the Official Journal of the European Union.
(b) the number of consignments subject to sampling and
analysis;
(c) the results of the controls referred to in Article 6.
This Regulation shall apply from 1 July 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States in
accordance with the Treaties.
Done at Brussels, 22 March 2011.
For the Commission
The President
José Manuel BARROSO

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EN
23.3.2011 Official
Journal
of
the
European
Union L
77/29
ANNEX
Declaration to be provided for every consignment of polyamide and melamine plastic kitchenware originating in
or consigned from the People’s Republic of China and Hong Kong Special Administrative Region, China

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