background image
(19)
In the control of the compliance of the materials and
articles with this Regulation, it is appropriate to take into
account the special needs of developing countries, and
in particular of the least developed countries. The Commis-
sion has been committed by Regulation (EC) No 882/2004
of the European Parliament and of the Council of
29 April 2004 on official controls performed to ensure the
verification of compliance with feed and food law, animal
health and animal welfare rules (
1
) to support develop-
ing countries with regard to food safety, including the
safety of the materials and articles in contact with food.
Special provisions have therefore been established in that
Regulation which should be applicable also to the food
contact materials and articles.
(20)
It is necessary to establish procedures for the adoption of
safeguard measures in situations where a material or article
is likely to constitute a serious risk to human health.
(21)
Regulation (EC) No 1049/2001 of the European Parlia-
ment and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commis-
sion documents (
2
) applies to documents held by the
Authority.
(22)
It is appropriate to protect the investment made by inno-
vators in gathering the information and data supporting an
application made under this Regulation. In order to avoid
unnecessary repetition of studies and in particular animal
testing, however, sharing of data should be permitted pro-
vided there is agreement between the interested parties.
(23)
Community and national reference laboratories should be
designated to contribute to a high quality and uniformity
of analytical results. This objective will be achieved within
the framework of Regulation (EC) No 882/2004.
(24)
The use of recycled materials and articles should be
favoured in the Community for environmental reasons,
provided that strict requirements are established to ensure
food safety and consumer protection. Such requirements
should be established taking also into account the techno-
logical characteristics of the different groups of materials
and articles mentioned in Annex I. Priority should be given
to the harmonisation of rules on recycled plastic material
and articles as their use is increasing and national laws and
provisions are lacking or are divergent. Therefore, a draft
of a specific measure on recycled plastic materials and
articles should be made available to the public as soon as
possible in order to clarify the legal situation in the
Community.
(25)
The measures necessary for the implementation of this
Regulation and amendments to Annexes I and II hereto
should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (
3
).
(26)
Member States should lay down rules on sanctions appli-
cable to infringements of the provisions of this Regulation
and ensure that they are implemented. Such sanctions
must be effective, proportionate and dissuasive.
(27)
It is necessary for business operators to have sufficient time
to adapt to some of the requirements established by this
Regulation.
(28)
Since the objectives of this Regulation cannot be suffi-
ciently achieved by the Member States because of the dif-
ferences between the national laws and provisions and can
therefore be better achieved at Community level, the Com-
munity may adopt measures, in accordance with the prin-
ciple of subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality, as set out
in that Article, this Regulation does not go beyond what is
necessary in order to achieve those objectives.
(29)
Directives 80/590/EEC and 89/109/EEC should therefore
be repealed,
HAVE ADOPTED THIS REGULATION:
Article 1
Purpose and subject matter
1.
The purpose of this Regulation is to ensure the effective
functioning of the internal market in relation to the placing on the
market in the Community of materials and articles intended to
come into contact directly or indirectly with food, whilst provid-
ing the basis for securing a high level of protection of human
health and the interests of consumers.
(
1
) OJ L 165, 30.4.2004, p. 1. Regulation as corrected in OJ L 191,
28.5.2004, p. 1.
(
2
) OJ L 145, 31.5.2001, p. 43.
(
3
) OJ L 184, 17.7.1999, p. 23
L 338/6
EN
Official Journal of the European Union
13.11.2004