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Pending the adoption of additional rules in a specific mea-
sure on active and intelligent materials and articles, substances
deliberately incorporated into active materials and articles to be
released into the food or the environment surrounding the food
shall be authorised and used in accordance with the relevant
Community provisions applicable to food, and shall comply with
the provisions of this Regulation and its implementing measures.
These substances shall be considered as ingredients within the
meaning of Article 6(4)(a) of Directive 2000/13/EC (
Active materials and articles shall not bring about changes
in the composition or organoleptic characteristics of food, for
instance by masking the spoilage of food, which could mislead
Intelligent materials and articles shall not give information
about the condition of the food which could mislead consumers.
Active and intelligent materials and articles already brought
into contact with food shall be adequately labelled to allow iden-
tification by the consumer of non-edible parts.
Active and intelligent materials and articles shall be
adequately labelled to indicate that the materials or articles are
active and/or intelligent.
Article 5
Specific measures for groups of materials and articles
For the groups of materials and articles listed in Annex I
and, where appropriate, combinations of those materials and
articles or recycled materials and articles used in the manufacture
of those materials and articles, specific measures may be adopted
or amended in accordance with the procedure referred to in
Article 23(2).
Those specific measures may include:
(a) a list of substances authorised for use in the manufacturing
of materials and articles;
(b) list(s) of authorised substances incorporated in active or intel-
ligent food contact materials and articles, or list(s) of active
or intelligent materials and articles and, when necessary, spe-
cial conditions of use for these substances and/or the mate-
rials and articles in which they are incorporated;
(c) purity standards for substances referred to in (a);
(d) special conditions of use for substances referred to in (a)
and/or the materials and articles in which they are used;
(e) specific limits on the migration of certain constituents or
groups of constituents into or on to food, taking due account
of other possible sources of exposure to those constituents;
(f) an overall limit on the migration of constituents into or on
to food;
(g) provisions aimed at protecting human health against hazards
arising from oral contact with materials and articles;
(h) other rules to ensure compliance with Articles 3 and 4;
(i) basic rules for checking compliance with points (a) to (h);
(j) rules concerning the collection of samples and the methods
of analysis to check compliance with points (a) to (h);
(k) specific provisions for ensuring the traceability of materials
and articles including provisions regarding the duration for
retention of records or provisions to allow, if necessary, for
derogations from the requirements of Article 17;
(l) additional provisions of labelling for active and intelligent
materials and articles;
(m) provisions requiring the Commission to establish and main-
tain a publicly available Community Register (Register) of
authorised substances, processes, or materials or articles;
) Directive 2000/13/EC of the European Parliament and of the Council
of 20 March 2000 on the approximation of the laws of the Mem-
ber States relating to the labelling, presentation and advertising of
foodstuffs (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).
L 338/8
Official Journal of the European Union