- Practical Guide -
Page 21 of 153
2001, at unanimity it was decided to insert these guidelines as well as those regarding the
"covering prepared meat products" in Practical Guide (see Annex I to Section 2 of this
This directive does not concern fixed public or private water supply systems. However, 'fixed
system' in this context means 'physically continuous'. Thus, if at some point water is
discharged into a tank, the water supply ceases to be fixed from the tank and will be subject
to this directive (see in this Chapter Section 3 - 2.3 Comments).
Finally, it has to be noted that other rules could apply, concomitantly or not, to materials and
articles intended to come into contact with foodstuffs as a consequence of regulations on
specific foods (drinking water, milk products etc.) or other aspects (e.g. hygienic aspects). A
few examples of such other rules are in the Directives on drinking water, vegetables, fruits,
or milk (packaging provisions). In this case, no contradiction should exist between the rules
and the highest level of protection for the consumer has to be considered.
Aim of the Directive (Art. 2)
Council Directive 89/109/EEC on the approximation of the laws of the Member States
relating to materials and articles intended to come into contact with foodstuffs is regarded as
the Framework Directive and aims at the protection of human health and the safeguard of the
purity of the foodstuffs.
This Directive repeals the old frame Directive 76/893/EEC, all references to which are to be
read as references to the new Framework Directive; a correlation table for the articles of both
Directives can be found in Annex III of the Directive 89/109/EEC.
Materials and articles must be manufactured in compliance with good manufacturing practice so that, under their normal or
foreseeable conditions of use, they do not transfer their constituents to foodstuffs in quantities, which could:
Endanger human health,
Bring about an unacceptable change in the composition of the foodstuffs or a deterioration in the organoleptic
The wording of Art. 2 implies not only that any danger for human health shall be avoided,
but also that a substantial ("unacceptable") contamination of foodstuffs due to massive
migration of substances is forbidden, even if the substances released were demonstrated to be
The choice of the word "unacceptable" (change in the composition) was justified by some
circumstances where a change in the composition is accepted or even wanted by the
consumer (e.g. fermentation of the wine in wooden tanks for the preparation of "Cognac").
"Good Manufacturing Practice' and the extent of migration control are further dealt with in
this Section at 10.2; organoleptic characteristics are treated in 10.4.