The Netherlands Proposes Updates to its Packaging and Utensils Regulation

The Netherlands has notified to the European Commission (EC) about a draft amendment to the Packaging and Utensils Regulation. The draft amendment:

• Incorporates new substances that may be used in the manufacture of non-harmonized food-contact materials in the Netherlands (based on risk assessment conducted by the G4 Committee of National Institute for Public Health and the Environment (RIVM))
• Proposes new specification/restrictions for certain substances that have been authorized previously
• Proposes to delete the mutual recognition clause in the Packaging and Utensils Regulation since a similar clause was added to the Food and Commodities Act (commonly known as “the Warenwet”) in 2015 that applies to all of the individual regulations (including the Packaging and Utensils Regulation) that are based on the Food and Commodities Act. The mutual recognition clause requires that imported products comply with requirement ensuring a level of protection that is at least equivalent to that Maintained by the Dutch national requirements.  

The initial standstill period is scheduled to expire on August 10, 2016, during which time the Dutch authorities may not take any steps to adopt the draft text.  However, the standstill period may be extended by further three months if the EC or a Member State objects to the draft text.