The EK Declaration

The EK Declaration
The EK Declaration is based on the guidelines in “Matkontaktforskriften” from Mattilsynet – The Norwegian Food Control Authority. These guidelines are based on regulations from EU within the same area. In accordance with the guidelines, written documentation for all types of food contact materials is needed to show that the packaging and the materials used are suitable for food contact. The requirements for the EK Declaration is based on the documentation requirements from The Norwegian Food Control Authority.

Documentation is the foundation for the EK Declaration
The Packaging Convention (Emballasjekonvensjonen – EK) require documentation about the raw materials, the production of the packaging, migration limits and traceability. All plastic raw materials must be in accordance with lists in EU regulations and/or other national lists. Analyses are required if the lists specify limits or other restrictions. A documentation summary and other declarations are necessary to ensure that the information and documentation applies to the packaging in question. Documentation about raw material can be up to two years old, if no new regulations have been introduced within the last year.

All materials are required to comply with Regulation (EC) No 1935/2004 and Regulation (EC) No 2023/2006. Additionally, there are several specific regulations for different materials:

Plastic: Regulation (EU) No 10/2011 with amendments (1282/2011, 1183/2012, 202/2014, 2015/174, 2016/1416, 2017/752, 2018/79, 2018/213, 2018/831, 2019/37, 2019/1338, 2020/1245). Any Dual Use Additives used must be identified by E-number or CAS number.

Paper/board: BfR recommendation XXXVI from Germany is one of the guidelines one may use.

Printing inks: EuPIA Guidelines and/or Swiss ordinance for Printing Ink, and some parts of Regulation (EU) No 10/2011 with amendments.

Colorants/masterbatches: Usually BfR recommendation IX from Germany is used.

A Declaration of Compliance from suppliers and/or sub suppliers for the different materials is used to verify compliance with the relevant regulations. Other relevant documents are supporting documentation, analytical reports, calculations, and documentation summaries.

If you have any questions about the EK Declaration, regulations, documentation, or requirements, feel free to Contact the EK secretariat.

Complete documentation from independent institutions
If the applicant of an EK Declaration has used an independent institution or lab to control its documentation, a new control of the documentation by the EK secretariat might not be necessary. The EK secretariat may want to study the documentation to verify that all the relevant EU regulations and other requirements are fulfilled, as testing labs usually analyze what they have been told to test only.

Requirements and Validity
The company applying for an EK Declaration must be a member of the Packaging Convention and paid the membership fee before the EK Declaration is issued.

The EK secretariat register and stamps the EK Declaration when all necessary documentation has been checked and verified. The EK Declaration is valid for two (2) years before it must be renewed.

Costs
The time needed for the EK secretariat to control the documentation in the process of issuing an EK Declaration is invoiced to the Declaration’s owner directly. The cost varies from case to case depending on how much time is needed for the documentation control. Normally the cost is between 7 000 NOK and 15 000 NOK, with an average of 9 000 NOK. A complicated case with many different materials and documents will be more expensive, normally between 10 000 NOK and 20 000 NOK.

The page Costs describes the costs in more detail.