Import of plastic kitchenware from China

 

SUMMARY OF:

Regulation (EU) 284/2011 — conditions and procedures for the import of plastic kitchenware from China and Hong Kong

WHAT IS THE AIM OF THE REGULATION?

It sets out specific conditions and procedures for the import into the EU of the macromolecule polyamide and melamine plastic kitchenware originating or in consignment from China or Hong Kong.

KEY POINTS

Import conditions

• The competent authority at the first point of introduction into the EU must carry out documentary checks on all consignments and identity and physical checks on 10% of consignments. Only then may the goods be released onto the market.
• To demonstrate compliance and to facilitate the checks, an importer must submit a declaration for each consignment to the competent national authority. This confirms that the consignment meets requirements concerning the release of the organic compounds primary aromatic amines and formaldehyde. The declaration must include a laboratory report showing that:
  • polyamide kitchenware does not release primary aromatic amines into foods or food simulants in a detectable quantity (the detection limit must be 0.01 mg/kg);
  • melamine kitchenware does not release formaldehyde into foods or food simulants in a quantity exceeding 15 mg/kg.
• The authority must complete the physical checks as soon as technically feasible; from then on transportation is allowed but only when certain conditions are met.
• The authority must indicate in the declaration whether the goods are acceptable or not for free circulation within the EU.
• If the laboratory analysis reveals that a consignment does not comply with the import conditions, the European Commission must be immediately informed through the Rapid Alert System for Food and Feed.
• Regulation (EU) No 10/2011 also applies to this kitchenware.

Notification

• Importers must notify the authority at the first point of entry into the EU at least 2 working days in advance of the estimated date and time of the physical arrival of their consignments.
• If an EU country designates specific first points of entry, an up-to-date list must be published online and the internet address must be sent to the Commission.
• A link to national lists of first points of entry is displayed on the Commission website for information purposes.

Reporting

• Competent authorities must record:
  • the country of origin of the consignment,
  • the number of articles in each consignment,
  • the number of consignments checked,
  • the results of the checks performed.
• A report with this information must be sent to the Commission on a quarterly basis.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 July 2011.

BACKGROUND

For more information, see:

• Food contact materials — Legislation (European Commission).

MAIN DOCUMENT

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 (OJ L 77, 23.3.2011, pp. 25-29)

RELATED DOCUMENTS

Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (official controls regulation) (OJ L 95, 7.4.2017, pp. 1-142)

See consolidated version

Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food (OJ L 12, 15.1.2011, pp. 1-89)

Successive amendments to Regulation (EC) No 10/2011 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC

See consolidated version.

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 (OJ L 165, 30.4.2004, pp. 1–141). Text republished in corrigendum (OJ L 191, 28.5.2004, pp. 1–52)

See consolidated version.

EU guidelines for the import of polyamide and melamine kitchenware from China and Hong Kong

Technical guidelines concerning polyamide and melamine kitchenware including sampling and analytical methods

last update 11.11.2017