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路过的84-500-EEC接触食品的陶瓷制品(欧盟)

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Council Directive 84/500/EEC of 15 October 1984
on the approximation of the laws of the Member States relating to ceramic articles
intended to come into contact with foodstuffs




Official Journal L 277 , 20/10/1984 P
. 0012 - 0016

Finnish special edition: Chapter 13 Volume 13 P
. 0207

Spanish special edition: Chapter 13 Volume 18 P
. 0006

Swedish special edition: Chapter 13 Volume 13 P
. 0207

Portuguese special edition Chapter 13 Volume 18 P
. 0006



COUNCIL DIRECTIVE of 15 October 1984

on the approximation of the laws of the Member States relating to ceramic articles intended to come into
contact with foodstuffs

(84/500/EEC)


THE COUNCIL OF THE EUROPEAN COMMUNITIES,


Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of
the Member States relating to materials and articles intended to come into contact with foodstuffs (1), and
in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),


Whereas
Article
2
of
Directive
76/893/EEC
provides
that
materials
and
articles
must
not
transfer
their
constituents to foodstuffs in quantities which could endanger human health;

Whereas Article
3
of
the
same
Directive
provides
that
the
Council,
under
the
procedure
provided
for
in
Article 100 of the Treaty, shall adopt by means of Directives special provisions applicable to certain groups
of materials and articles (specific Directives);

Whereas in most of the Member States ceramic articles intended to come into contact with foodstuffs are
subject
to
mandatory
provisions
for
protecting
human
health
which
lay
down
limits
for
the
extractable
quantities of lead and cadmium;

Whereas
these
provisions
vary
from
one
Member
State
to
another,
thus
creating
obstacles
to
the
establishment and functioning of the common market;

Whereas these obstacles may be eliminated if the placing of ceramic articles on the Community market is
made subject to uniform rules; whereas it is therefore necessary to harmonize the limit values and the test
and analysis methods for such articles;

Whereas the appropriate instrument for attaining this objective is a specific Directive within the meaning of
Article 3 of Directive 76/893/EEC the general provisions of which also become applicable in this particular
case;

Whereas the adaptation to technical progress of certain checking and analysis measures provided for in the
Directive
is
an
implementing
measure
the
adoption
of
which
should
be
entrusted
to
the
Commission
in
order to simplify and expedite the procedure;

Whereas,
in
all
cases
where
the
Council
grants
the
Commission
powers
to
implement
provisions
concerning materials and articles intended to come into

contact with foodstuffs, a procedure should be established to ensure close cooperation between the Member
States and the Commission in the Standing Committee for Foodstuffs set up by the Council Decision of 13
November 1969,

HAS ADOPTED THIS DIRECTIVE:


Article 1


1. This Directive is a specific Directive within the meaning of Article 3 of Directive 76/893/EEC.

2. This Directive concerns the possible migration of lead and cadmium from ceramic articles which, in their
finished state, are intended to come into contact with foodstuffs, or which are in contact with foodstuffs,

- Page 1 -
and are intended for that purpose.

3.
'Ceramic
articles'
means
articles
manufactured
from
a
mixture
of
inorganic
materials
with
a
generally
high argillaceous or silicate content to which small quantities of organic materials may have been added.
These articles
are
first
shaped
and
the
shape
thus
obtained
is
permanently
fixed
by
firing.
They
may
be
glazed, enamelled and/or decorated.


Article 2


1.
The
quantities
of
lead
and
cadmium
transferred
from
ceramic
articles
shall
not
exceed
the
limits
laid
down below.

2. The quantities of lead and cadmium transferred from ceramic articles shall be determined by means of a
test, the conditions of which are specified in Annex I, using the method of analysis described in Annex II.

3.
Where
a
ceramic
article
consists
of
a
vessel
fitted
with
a
ceramic
lid,
the
lead
and/or
cadmium
limit
which may not be exceeded (mg/dm2 or mg/litre) shall be that which applies to the vessel alone.

The vessel alone and the inner surface of the lid shall be tested separately and under the same conditions.

The sum of the two lead and/or cadmium extraction levels thus obtained shall be related as appropriate to
the surface area or the volume of the vessel alone.

4. A ceramic article shall be recognized as satisfying the requirements of this Directive if the quantities of
lead and/or cadmium extracted during the test carried out under the conditions laid down in Annexes I and
II do not exceed the following limits:

1.2.3 // // Pb // Cd // - Category 1: // // // Articles which cannot be filled and articles which can be filled, the
internal depth of which, measured from the lowest point to the horizontal plane passing through the upper
rim, does not exceed 25 mm // 0,8 mg/dm2 // 0,07 mg/dm2 // - Category 2: // // // All other articles which
can be filled // 4,0 mg/l // 0,3 mg/l // - Category 3: // // // Cooking ware; packaging and storage vessels
having a capacity of more than three litres // 1,5 mg/l // 0,1 mg/l

5. However, where a ceramic article does not exceed the above quantities by more than 50 %, that article
shall
nevertheless
be
recognized
as
satisfying
the
requirements
of
this
Directive
if
at
least
three
other
articles with the same shape, dimensions, decoration and glaze are subjected to a test carried out under the
conditions laid down in Annexes I and II and the average quantities of lead and/or cadmium extracted from
those articles do not exceed the limits set, with none of those articles exceeding those limits by more than
50 %.


Article 3


The
amendments
to
be
made
to
the
Annexes
in
the
light
of
developments
in
scientific
and
technical
knowledge,
with
the
exception
of
sections
1
and
2
of Annex
I,
shall
be
adopted
in
accordance
with
the
procedure laid down in Article 10 of Directive 76/893/EEC.


Article 4


1. Within three years of notification (1) of this Directive, the Council shall determine in accordance with
the procedure laid down in Article 100 of the Treaty:

(a) the limitations to be imposed on those areas of ceramic articles with which the mouth is intended to
come into contact;

(b) the methods for checking that the limitations provided for in (a) are complied with.

2.
Within
the
same
period,
the
Commission
shall,
on
the
basis
of
toxicological
and
technological
data,
re-examine the limits laid down in Article 2, with a view to reducing them, and the lighting conditions for
the test specified in Annex I, and shall, if appropriate, submit to the Council proposals for amendments to
the Directive.


Article 5


1. The Member States shall, if necessary, amend their national laws to comply with this Directive so that:

-
three
years
after
the
notification
of
this
Directive,
trade
in
ceramic
articles
which
comply
with
its
provisions is permitted,

- five years after the notification of this Directive, the placing on the market of ceramic articles which do
not comply with its provisions is prohibited.


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