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(9)
Directive 2002/16/EC provides that its requirements
concerning BADGE, BFDGE and NOGE do not apply
to materials and articles brought into contact with food
before 1 March 2003. Those materials and articles may
continue to be placed on the market provided that the
date of filling appears on them. This date may be
replaced by the
`best before' date as provided for by
Directive 2000/13/EC of the European Parliament and
of the Council of 20 March 2000 on the approximation
of the laws of the Member States relating to the labelling,
presentation and advertising of food (
1
) or another indi-
cation, such as the lot number required by Council
Directive 89/396/EEC of 14 June 1989 on indications
or marks identifying the lot to which a foodstuff
belongs (
2
) for the food packed in such materials and
articles, provided a link is established between this indi-
cation and the date of filling so that the latter can always
be identified.
(10)
Directive 2002/16/EC should therefore be repealed.
(11)
The measures provided for in this Regulation are in
accordance
with
the
opinion
of
the
Standing
Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Scope
1.
This Regulation shall apply to materials and articles,
including active and intelligent food contact materials and
articles, as referred to in Article 1(2) of Regulation (EC)
No 1935/2004, which are manufactured with or contain one
or more of the following substances:
(a) 2,2-bis(4-hydroxyphenyl)propane bis(2,3-epoxypropyl) ether,
hereinafter referred to as
`BADGE' (CAS No 001675-54-3),
and some of its derivatives;
(b) bis(hydroxyphenyl)methane bis(2,3-epoxypropyl)ethers, here-
inafter referred to as
`BFDGE' (CAS No 039817-09-9);
(c) other novolac glycidyl ethers, hereinafter referred to as
`NOGE'.
2.
For the purposes of this Regulation,
`materials and articles'
are:
(a) materials and articles made of any type of plastics;
(b) materials and articles covered by surface coatings; and
(c) adhesives.
3.
This Regulation shall not apply to containers or storage
tanks having a capacity greater than 10 000 litres or to
pipelines belonging to or connected with them, covered by
special coatings called
`heavy-duty coatings'.
Article 2
BADGE
Materials and articles shall not release the substances listed in
Annex I in a quantity exceeding the limits laid down in that
Annex.
Article 3
BFDGE
The use and/or presence of BFDGE in the manufacture of
materials and articles are prohibited.
Article 4
NOGE
The use and/or presence of NOGE in the manufacture of
materials and articles are prohibited.
Article 5
Written declaration
At the marketing stages other than the retail stages, materials
and articles containing BADGE and its derivatives shall be
accompanied by a written declaration in accordance with
Article 16 of Regulation (EC) No 1935/2004.
Appropriate documentation shall be available to demonstrate
such compliance. That documentation shall be made available
to the competent authorities on demand.
Article 6
Transitional provisions
1.
Articles 2, 3 and 4 shall not apply to materials and articles
referred to in Article 1(2)(b) and (c) which are brought into
contact with food before 1 March 2003.
2.
Articles 3 and 4 shall not apply to materials and articles
which are in compliance with Directive 2002/16/EC and which
are brought into contact with food before 1 January 2005.
EN
19.11.2005
Official Journal of the European Union
L 302/29
(
1
) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive
2003/89/EC (OJ L 308, 25.11.2003, p. 15).
(
2
) OJ L 186, 30.6.1989, p. 21. Directive as last amended by Directive
91/11/EEC (OJ L 65, 11.3.1992, p. 32).