1. Dario Dainelli, 12.04.20005 Article 14.4.c: SR proposal Business operators shall keep, for a period ending not before the expected shelf life of the material or article, appropriate documentation necessary to suitably demonstrate that the products, subject of compliance declaration, satisfy the rules applicable to them. This compliance supporting documentation shall: (…) (c)be made available to the concerned business operators on request and be delivered without any unjustified delay under appropriate confidentiality agreements provided there is a documented risk of non-compliance with article 3 of Regulation 1935/2004/EC or a justified suspicion of non compliance.

2. Dario Dainelli, 12.04.20005 Article 14.3.c: SR proposal Business operators shall keep, for a period ending not before the expected shelf life of the material or article, appropriate documentation necessary to suitably demonstrate that the products, subject of compliance declaration, satisfy the rules applicable to them. This compliance supporting documentation shall: (…) (c)be made available to the concerned business operators on request and be delivered without any unjustified delay under appropriate confidentiality agreements provided there is a documented risk of non-compliance with article 3 of Regulation 1935/2004/EC or a justified suspicion of non compliance. Means that manufacturers are obliged to disclose information to users ; exchange of relevant information, i.e. users obtain the information necessary to solve specific problems.

3. Dario Dainelli, 12.04.20005 Article 14.3.c: SR proposal Business operators shall keep, for a period ending not before the expected shelf life of the material or article, appropriate documentation necessary to suitably demonstrate that the products, subject of compliance declaration, satisfy the rules applicable to them. This compliance supporting documentation shall: (…) (c)be made available to the concerned business operators on request and be delivered without any unjustified delay under appropriate confidentiality agreements provided there is a documented risk of non-compliance with article 3 of Regulation 1935/2004/EC or a justified suspicion of non compliance. Delay always caused by lack of information on use of the packaging materials: manufacturers are against undiscriminate disclosure of information.

4. Dario Dainelli, 12.04.20005 Article 14.3.c: SR proposal Business operators shall keep, for a period ending not before the expected shelf life of the material or article, appropriate documentation necessary to suitably demonstrate that the products, subject of compliance declaration, satisfy the rules applicable to them. This compliance supporting documentation shall: (…) (c)be made available to the concerned business operators on request and be delivered without any unjustified delay under appropriate confidentiality agreements provided there is a documented risk of non-compliance with article 3 of Regulation 1935/2004/EC or a justified suspicion of non compliance. Confidentiality agreements may not be the only system for exchange of information (what happens if there isn’t agreement on the terms of the confidentiality?). More flexibility has to be allowed, i.e.market practices, confidentiality agreements or third parties, as appropriate, shall be used.

5. Dario Dainelli, 12.04.20005 Article 14.3.c: SR proposal Business operators shall keep, for a period ending not before the expected shelf life of the material or article, appropriate documentation necessary to suitably demonstrate that the products, subject of compliance declaration, satisfy the rules applicable to them. This compliance supporting documentation shall: (…) (c)be made available to the concerned business operators on request and be delivered without any unjustified delay under appropriate confidentiality agreements provided there is a documented risk of non-compliance with article 3 of Regulation 1935/2004/EC or a justified suspicion of non compliance. Who decides whether the suspicion is justified? Trade secrects worth 10 4 € investment disclosed on the basis of “suspicion of non compliance”?

6. Dario Dainelli, 12.04.20005 Protection of confidential information Regulation 1935/2004/EC, Art. 20 Regulation 1049/2001 - Article 4 Exceptions (…) 2. The institutions shall refuse access to a document where disclosure would undermine the protection of: (…) commercial interests of a natural or legal person, including intellectual property,(…)

7. Dario Dainelli, 12.04.20005 Industry reservations on Article 14.4.c Disclosure of confidential information puts R&D investments at stake; Unacceptable as allows potential distortions in fair competition; “Declaration of Compliance” shall become the tool enabling each stakeholder in the food contact chain to comply with legal duties.

8. Dario Dainelli, 12.04.20005 Terms for disclosure of information Documented incident Documented risk of non-compliance Science-based Exchange of relevant information Market practices, confidentiality agreements, third parties Arbiter to resolve disputes

9. Dario Dainelli, 12.04.20005 Only in case of documented incidents or documented of risk of non- compliance with article 3 of Regulation 2004/1935 and based on scientific data, business operators shall exchange relevant information contained in the supporting documentation with other business operators. This information shall be exchanged between the parties in primis through common market practices or alternatively under confidentiality agreement or through an independent third party, chosen by the parties. In case of disagreement on the type and on the quantity of the relevant information, the parties will appoint an arbiter for the resolution of the dispute. Art. 14.4.c – EuPC proposal

10. Dario Dainelli, 12.04.20005 Any provision on disclosure of information should be reasonable, agreed and workable, otherwise Will hardly be applied; Can only cause frustration and dissatisfaction in all parties; Will be detrimental to transparency and goodwill; Will cause more problems than resolving them.

11. Dario Dainelli, 12.04.20005 committed to collaborate with customers and authorities for solving all problems related to real or perceived risks; ready to provide information to address the above, but firmly opposing to undiscriminate disclosure of confidential information. Food Contact Materials manufacturers are

12. Dario Dainelli, 12.04.20005 conclusions Agreement was achieved to form a joint group (that will also include CIAA) with the objective of determining –The type of information that has to be exchanged in the value chain; –The mechanisms that have to be put in place to respond the needs of all stakeholders.