Metals and alloys used in materials and articles intended to come into contact with foodstuffs

Amendment of the Commodities Act Regulation on packaging and consumer products in connection with theDecision of the Benelux Committee of Ministers on metal and alloy materials and articles intended to come intocontact with foodstuffs

Article I of the draft Regulation may contain technical requirements. The Commodities Act Regulation onpackaging and consumer products is amended in connection with the implementation of the Decision of theBenelux Committee of Ministers on metal and alloy materials and articles intended to come into contact withfoodstuffs (M (2022) 12) (hereinafter: Benelux Decision). In the Netherlands, legal requirements were alreadyin place for these food contact materials. The draft Regulation ensures that, where necessary, therequirements are brought into line with the Benelux Decision.

For the sake of completeness, it is noted that Article 13d of the Commodities Act contains a mutual recognitionclause. The mutual recognition principle entails that an EU Member State shall not ban in its own territory thesale of goods that have been legally brought onto the market in another EU Member State on the grounds thatthe goods do not meet its own national regulations. It is important, however, that the legitimate public interestsguaranteed by the national requirements in force are sufficiently protected.