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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/2/12

25 March 2011

Dear Sirs,

Commercial Information Circular No. 191/2011

European Union (EU)* : 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

The European Commission (the Commission) has adopted a Regulation 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 (Mainland of China) and Hong Kong Special Administrative Region, China (Hong Kong). Details are set out in Commission Regulation (EU) No 284/2011 (the Regulation), which can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:077:0025:0029:EN:PDF

DETAILS

2. The Commission has received several notifications and alerts through the Rapid Alert System for Food and Feed concerning food contact materials imported into EU from the Mainland of China and Hong Kong. These notifications and alerts primarily concern polyamide and melamine plastic kitchenware that does not comply with the requirements concerning the release of primary aromatic amines and formaldehyde into food as laid down in Part A of Annex V and Section A of Annex II to Directive 2002/72/EC. In order to minimise the health risks, the Commission decided to impose specific import conditions on polyamide and melamine plastic kitchenware originating in or consigned from Mainland China and Hong Kong according to Regulation (EC) No 882/2004. 
 

3. In essence, the following additional measures will apply to polyamide and melamine plastic kitchenware exported from Hong Kong or the Mainland of China to any Member States of the European Union (EU) :

  • Each consignment must be attested with a declaration, accompanied by a laboratory report, confirming their compliance with the relevant EU requirements concerning the release of primary aromatic amines and formaldehyde as laid down in Part A of Annex V and in Section A of Annex II to Directive 2002/72/EC. The model of the declaration is set out in the Annex of the Regulation and the laboratory report shall include information as set out in point 3 of Article 3 of the Regulation. (Article 3 refers); 
     

  • Prior notification of not less than two working days before the arrival of the FCM consignments should be given to the importing port (Article 4 refers);
     

  • Some EU Member States may designate specific first points of introduction for these consignments and publish on the Internet an up-to-date list of these points. (Article 5 refers);
     

  • The competent authority at the importing end will conduct documentary checks on all consignments within two working days from the time of their arrival (Article 6 refers); and
     

  • The competent authority will also conduct identity and physical checks, including laboratory analysis of 10% of the consignments (Article 6 refers).

4. The competent authority at the first point of introduction may authorize the onward transportation of consignments pending the results of the checks but it shall notify the competent authority at the point of destination and shall supply a copy of the duly completed declaration and the results of the checks as soon as they are available. The release for free circulation of the consignments is subject to the presentation to the customs authorities of the duly completed declaration as set out in the Annex of the Regulation. The Regulation shall apply from 1 July 2011. 

ENQUIRIES

5. For advice on laboratories which can provide testing services to fulfill the EU's requirements, please contact Hong Kong Accreditation Service (HKAS) by sending email to them at hkas@itc.gov.hk, or you may refer to their website at http://www.itc.gov.hk/en/quality/hkas/hoklas/laboratory_name.htm for more information.
 

6. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5556.

Yours faithfully,




(Miss Anita WONG)

for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.




　

Note ：

  • (1) While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.
  • (2)The biweekly newsletter "Business Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. The newsletter is available for free e-subscription and can be accessed through
    http://www.tdctrade.com/alert/eualert.htm.