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

• CELEX: Regulation (EU) No 284/2011
• Articles: 11

Article 1 Subject matter

This Regulation lays down specific conditions and detailed procedures for the import of polyamide and of melamine plastic kitchenware originating in or consigned from the People’s Republic of China (hereinafter ‘China’) and Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter ‘Hong Kong’).

Article 2 Definitions

For the purpose of this Regulation the following definitions shall apply:

(a)

‘plastic kitchenware’ means plastic materials as described in paragraphs 1 and 2 of Article 1 of Directive 2002/72/EC and falling within CN code ex 3924 10 00 ;

(b)

‘consignment’ means a quantity of polyamide or melamine plastic kitchenware, covered by the same document(s), conveyed by the same means of transport and coming from the same third country;

(c)

‘competent authorities’ means the competent authorities of the Member States designated in accordance with Article 4 of Regulation (EC) No 882/2004;

(d)

‘first point of introduction’ means the point of entry of a consignment into the Union;

(e)

‘documentary check’ means the checking of the documents referred to in Article 3 of this Regulation;

(f)

‘identity check’ means a visual inspection to ensure that the documents accompanying the consignment tally with the contents of the consignment;

(g)

‘physical check’ means the sampling for analysis and laboratory testing and any other check necessary to verify compliance with the requirements concerning the release of PAA and formaldehyde laid down in Directive 2002/72/EC.

Article 3 Import conditions

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 competent authority for each consignment a declaration, duly completed, confirming that it meets the requirements concerning the release of primary aromatic amines and formaldehyde laid down in Part A of Annex V and in Section A of Annex II to Directive 2002/72/EC respectively.

2.   A model of the declaration referred to in paragraph 1 is 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.

3.   The declaration referred to in paragraph 1 shall be accompanied by a laboratory report providing:

(a)

as regards polyamide kitchenware, analytical results demonstrating that they do not release into foods or food simulants primary aromatic amines in a detectable quantity. The detection limit applies to the sum of primary aromatic amines. For the purpose of the analysis the detection limit for primary aromatic amines is set at 0,01 mg/kg food or food simulants;

(b)

as regards melamine kitchenware, analytical results demonstrating that they do not release into foods or food simulants formaldehyde in a quantity exceeding 15 mg/kg food.

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 whether they fulfil the terms and conditions provided for in Directive 2002/72/EC as set out in paragraph 1.

Article 4 Prior notification of consignments

Importers or their representatives shall notify the competent authority at the first point of introduction at least two working days in advance of the estimated date and time of physical arrival of consignments originating in or consigned from China and Hong Kong.

Article 5 Notification of the first point of introduction

Where the Member States decide to designate specific first points of introduction for consignments originating in or consigned from China and Hong Kong, they shall publish on the Internet an up-to-date list of these points and communicate the Internet address to the Commission.

The Commission shall display on its website; for information purposes, the links to the national lists of specific first points of introduction.

Article 6 Controls at the first point of introduction

1.   The competent authority at the first point of introduction shall carry out:

(a)

documentary checks on all consignments within two working days from the time of their arrival;

(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 predict whether any particular consignment will be subjected to such checks; the results of physical checks must be available as soon as technically possible.

2.   If the laboratory analysis referred to in point (b) of paragraph 1 identifies non-compliance, the competent authorities shall immediately inform the Commission of the results through the Rapid Alert System for Food and Feed established by Article 50 of Regulation (EC) No 178/2002.

Article 7 Onward transportation

The competent authority at the first point of introduction may authorise the onward transportation of the consignments originating in or consigned from China and Hong Kong, pending the results of the checks referred to in point (b) of Article 6(1).

If the competent authority grants the authorisation referred to in the first paragraph, it shall notify the competent authority at 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) of Article 6(1), as soon as the latter are available.

The Member States shall ensure that appropriate arrangements are put in place to ensure that the consignments remain under the continuous control of the competent authorities and cannot be tampered with in any way pending the results of the checks mentioned in point (b) of Article 6(1).

Article 8 Release for free circulation

The release for free circulation of polyamide and melamine plastic kitchenware originating in or consigned from China and Hong Kong is subject to the presentation to the customs authorities of the declaration set out in the Annex duly completed as provided for in Article 3.

Article 9 Reporting to the Commission

1.   When checks referred to in Article 6(1) are performed, the competent authorities shall keep records of the following information:

(a)

details of each consignment checked, including:

(i)

the size in terms of number of articles;

(ii)

the country of origin;

(b)

the number of consignments subject to sampling and analysis;

(c)

the results of the controls referred to in Article 6.

2.   Member States shall submit to the Commission a report including the information referred to in paragraph 1, quarterly by the end of the month following each quarter.

Article 10 Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

This Regulation shall apply from 1 July 2011.

Schedules & Appendices

ANNEX

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

Text of image

Name and full address (including telephone or e-mail address) of the natural or legal person issuing this declaration

Name and full address (including telephone or e-mail address) of the business operator(s) which manufacture(s) the plastic kitchenware of the consignment

Name and full address (including telephone or e-mail address) of the business operator which is responsible for the first introduction in the Union of the consignment

Identification code of the consignment:

Type and number of articles in the consignment:

This consignment contains plastic kitchenware made of:

polyamide

Analytical tests have been carried out demonstrating that the articles do not release PAA in a detectable quantity

The detection limit of the method used is …

The results of these tests as well as the description of the method of analysis used are attached to this document

melamine

Analytical tests have been carried out demonstrating that the articles do not release formaldehyde in a quantity exceeding the SML of 15 mg/kg

The results of these tests as well as the description of the method of analysis used are attached to this document

List of documents annexed confirming that the consignment meets the requirements concerning the release of primary aromatic amines or formaldehyde laid down in Directive 2002/72/EC:

The undersigned, as importer in the Union of the consignment, confirms that such consignment meets the requirements concerning the release of primary aromatic amines or formaldehyde laid down in Directive 2002/72/EC

Place and date

Name of signatory

Signature

Full address (including telephone and e-mail address)

Declaration of the competent authority on the consignment:

Acceptable for release into free circulation:

Conforms

Does not conform

Place and date

Name of signatory

Signature

Full address (including telephone and e-mail address)