No L 40/38 Official Journal of the European Communities 11.2. 89 COUNCIL DIRECTIVE of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (89/109/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament (), Having regard to the opinion of the Economic and Social Committee (2), Whereas 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 (3), as last amended by the act of Accession of Spain-and Portugal (4), has been substantially amended on a number of occasions; whereas on making the new amendments to the said Directive, the opportunity should be taken to consolidate the provisions of the existing relevant texts with a view to ensuring legal clarity; Whereas Directive 76/893/EEC was adopted on the grounds that the differences that existed at that time between the national laws relating to the aforesaid materials and articles -impeded the free movement thereof, could create unequal conditions of competition and could thereby directly affect -the establishment or functioning of the common . market; Whereas those laws had to be approximated if free movement was to be achieved for the aforesaid materials and articles, taking account primarily of human health requirements but also, within the limits required for the protection” of health, of economic and technological needs; Whereas the chosen method was to lay down, in the first place, in a framework directive, general principles-on the basis of which legal differences between certain groups of materials and articles had been and-could subsequently be (") Of No C 99, 13. 4. 1987, p. 65 and O] No C 12, 16. 1. 1989. (2) OJ No C 328, 22. 12. 1986, p. 5. (}) O] No L 340, 9. 12. 1976, p. 19. (*) O] No L 302, 15. 11. 1985, p. 216. eliminated by means of specific directives; whereas this method has proved itself and should therefore be retained; Whereas covering or coating substances, all or part of which form part of foodstuffs, could not be considered to be simply in contact with these foodstuffs; whereas, in that case, account had to be taken of possible direct consumption by consumers; whereas the rules laid down in this Directive are therefore inappropriate in such circumstances; Whereas ‘the principle underlying this Directive should be that any material or article intended to come into contact or which is intentionally in contact either directly or indirectly with foodstuffs, must be sufficiently stable not to transfer substances to the foodstuffs in quantities which could endanger human health or bring about an unacceptable change in the composition of the foodstuffs or a deterioration in the organoleptic properties thereof; Whereas, in order to achieve this objective, it may prove necessary to lay down various types of limitations, alone or in - combination; whereas it is appropriate to retain in specific directives those limitations which are most appropriate to the desired = objective, having regard to the technological characteristics peculiar to each group of materials and- articles; Whereas, in order to allow the informed use of the materials and articles, appropriate labelling should be provided for; whereas the methods used for such labelling :may vary according to the user; Whereas this Directive does not apply to the labelling of products which, by reason of their behaviour in the presence of foodstuffs, must not be designed to come into contact or be in contact with them; Whereas the drafting of specific-directives implementing the basic principles -and of amendments thereto constitute technical implementing measures; . whereas, in order to simplify and expedite the procedure, the adoption of these measures should be entrusted to the Commission; Whereas the Scientific ‘Committee for Food, set up by Commission Decision 74/234/EEC (%), should be asked for its opinion before provisions liable to affect public health are adopted under specific directives; (*) OJ No L 136, 20. 5. 1974, p. 1.