Resolution CM/Res(2013)9
on metals and alloys used in food contact materials and articles

(Adopted by the Committee of Ministers on 11 June 2013
at the 1173rd meeting of the Ministers’ Deputies)

The Committee of Ministers, in its composition restricted to the representatives of the States parties to the Convention on the Elaboration of a European Pharmacopoeia^[1] (“the Convention”),

Recalling the Declaration and Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), Chapter III – “Building a more humane and inclusive Europe”, Article 1. “Ensuring social cohesion”, laying down in particular protection of health as a social human right and an essential condition for social cohesion and economic stability;

Recalling Resolution Res(59)23 of 16 November 1959 extending the activities of the Council of Europe in the Social and Public Health field on the basis of a Partial Agreement, and Resolutions Res(96)34 and Res(96)35 of 2 October 1996 revising the rules of the Partial Agreement;

Having regard to the decisions of the Committee of Ministers of 2 July 2008 (CM/Del/Dec(2008)1031) to dissolve the Partial Agreement in the Social and Public Health Field and to transfer activities related to cosmetics and food packaging to the European Directorate for the Quality of Medicines and HealthCare (EDQM) as of 1 January 2009, thereby rendering the EDQM responsible for developing harmonised approaches to ensure product quality and safety in the areas of cosmetic products and packaging materials for food and pharmaceutical products;

Having regard to the terms of reference of the Consumer Health Protection Committee (Partial Agreement) (CD‑P-SC), as approved by the Committee of Ministers on 11 March 2009 (CM/Del/Dec(2009)1050) and renewed on 21 September 2011 (CM/Del/Dec(2011)1121);

Considering the efforts made over several years (under the former Council of Europe Partial Agreement in the Social and Public Health Field) to harmonise national provisions in the public health field and, in particular, in the sector of food contact materials;

Considering the health risk posed to humans by metals and alloys that are used in food contact materials and articles because of the release of metal ions into foodstuffs;

Taking into account Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food, Regulation (EC) No. 2023/2006 on good manufacturing practice for materials and articles intended to come into contact with food and Regulation (EC) No. 852/2004 on the hygiene of foodstuffs, which although not binding for all of the States Parties to the Convention, should nevertheless be applied by all;

Taking into account that the Guidelines on Metals and Alloys first published by the Council of Europe on 3 February 2001 and revised on 13 February 2002 have provided useful information and support to professionals in the food contact material industry, national authorities and other stakeholders that are involved in ensuring compliance with the provisions of the aforementioned Regulation (EC) No. 1935/2004 and in particular, its general requirements laid down in Article 3 (1);

Considering that, in the absence of specific requirements at the European level for metals and alloys used in food contact materials and articles, a Technical Guide has been produced by the Committee of Experts on Packaging Materials for Food and Pharmaceutical Products (P-SC-EMB) that supersedes the aforementioned guidelines;

Taking note that this Technical Guide will be regularly updated by the P-SC-EMB and approved by the Consumer Health Protection Committee (CD-P-SC, Steering Committee under the responsibility of the Committee of Ministers) and published under the aegis of the European Directorate for the Quality of Medicines and HealthCare (EDQM);

Being of the opinion that each member State, faced with the need for provisions in this field, will benefit from harmonised provisions at the European level,

Recommends to the governments of member States Parties to the Convention that they adopt legislative and other measures aimed at reducing the health risks arising from consumer exposure to certain metal ions released into food from the contact with metals and alloys during manufacture, storage, distribution and use according to the principles and guidelines set out in the Technical Guide on Metals and Alloys used in food contact materials and articles. These recommendations shall not prevent governments from maintaining or adopting national measures that implement stricter rules and regulations.