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In addition, adequate labelling or information should sup-
port users in the safe and correct use of active materials
and articles in compliance with the food legislation, includ-
ing the provisions on food labelling.
(7)
Active and intelligent food contact materials and articles
should not change the composition or the organoleptic
properties of food or give information about the condition
of the food that could mislead consumers. For example,
active food contact materials and articles should not release
or absorb substances such as aldehydes or amines in order
to mask an incipient spoilage of the food. Such changes
which could manipulate signs of spoilage could mislead
the consumer and they should therefore not be allowed.
Similarly, active food contact materials and articles which
produce colour changes to the food that give the wrong
information concerning the condition of the food could
mislead the consumer and therefore should not be allowed
either.
(8)
Any material or article intended to come into contact with
food which is placed on the market should comply with
the requirements of this Regulation. Nevertheless, materi-
als and articles supplied as antiques should be excluded as
they are available in restricted quantities and their contact
with food is therefore limited.
(9)
Covering or coating materials forming part of the food and
possibly being consumed with it should not fall within the
scope of this Regulation. On the other hand, this Regula-
tion should apply to covering or coating materials which
cover cheese rinds, prepared meat products or fruit but
which do not form part of food and are not intended to be
consumed together with such food.
(10)
It is necessary to lay down various types of restrictions and
conditions for the use of the materials and articles covered
by this Regulation and the substances used in their manu-
facture. It is appropriate to establish those restrictions and
conditions in specific measures having regard to the tech-
nological characteristics specific to each group of materi-
als and articles.
(11)
Pursuant to Regulation (EC) No 178/2002 of the Euro-
pean Parliament and of the Council of 28 January 2002
laying down the general principles and requirements of
food law, establishing the European Food Safety Authority
and laying down procedures in matters of food safety (
1
),
the European Food Safety Authority (the Authority) should
be consulted before provisions liable to affect public health
are adopted under specific measures.
(12)
When specific measures include a list of substances autho-
rised within the Community for use in the manufacture of
materials and articles intended to come into contact with
food, those substances should undergo a safety assessment
prior to their authorisation. The safety assessment and
authorisation of those substances should be without preju-
dice to the relevant requirements of the Community legis-
lation concerning the registration, evaluation, authorisa-
tion and restriction of chemicals.
(13)
Differences between national laws, regulations and admin-
istrative provisions concerning the safety assessment and
authorisation of substances used in the manufacture of
materials and articles intended to come into contact with
food may hinder the free movement of those materials and
articles, creating conditions of unequal and unfair compe-
tition. An authorisation procedure should therefore be
established at Community level. In order to ensure harmo-
nised safety assessment of those substances, the Authority
should carry out such assessments.
(14)
The safety assessment of substances should be followed by
a risk management decision as to whether those substances
should be entered on a Community list of authorised
substances.
(15)
It is appropriate to provide for the possibility of an admin-
istrative review of specific acts or omissions on the part of
the Authority under this Regulation. This review should
be without prejudice to the role of the Authority as an
independent scientific point of reference in risk assessment.
(16)
Labelling supports users in the correct use of the materials
and articles. Methods used for such labelling may vary
according to the user.
(17)
Commission Directive 80/590/EEC (
2
) introduced a sym-
bol that may accompany materials and articles intended to
come into contact with foodstuffs. This symbol should, for
reasons of simplicity, be incorporated in this Regulation.
(18)
The traceability of materials and articles intended to come
into contact with food should be ensured at all stages in
order to facilitate control, the recall of defective products,
consumer information and the attribution of responsibil-
ity. Business operators should at least be able to identify
the businesses from which, and to which, the materials and
articles are supplied.
(
1
) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No
1642/2003 (OJ L 245, 29.9.2003, p. 4).
(
2
) Commission Directive 80/590/EEC of 9 June 1980 determining the
symbol that may accompany materials and articles intended to come
into contact with foodstuffs (OJ L 151, 19.6.1980, p. 21). Directive as
last amended by the 2003 Act of Accession
13.11.2004
EN
Official Journal of the European Union
L 338/5