S.I. No. 93/1994:

EUROPEAN COMMUNITIES (MATERIALS AND ARTICLES INTENDED TO COME INTO CONTACT WITH FOODSTUFFS) (AMENDMENT) (NO. 2) REGULATIONS, 1994

EUROPEAN COMMUNITIES (MATERIALS AND ARTICLES INTENDED TO COME INTO CONTACT WITH FOODSTUFFS) (AMENDMENT) (NO. 2) REGULATIONS, 1994

I, RUAIRÍ QUINN, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Commission Directive No. 93/8/EEC¹ of 15 March, 1993, Commission Directive 93/9/EEC² of 15 March, 1993, Commission Directive 93/10/EEC³ of 15 March, 1993, Commission Directive 93/11/EEC⁴ of 15 March, 1993 and Commission Directive 93/111/EC⁵ of 10 December, 1993, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) (No. 2) (Amendment) Regulations, 1994.

(2) These Regulations together with the European Communities (Materials and Articles Intended to come into contact with Foodstuffs) Regulations, 1991 ( S.I. No. 307 of 1991 ) and the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) (Amendment) Regulations, 1993 ( S.I. No. 295 of 1993 ) may be cited together as the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations, 1991 to 1994.

(3) These Regulations shall come into operation on the 20th day of May, 1994.

(4) The European Communities (Materials and Articles Intended to come into Contact with Foodstuffs)

¹ O.J. No. L90/22, 14.04.93

² O.J. No. L90/26, 14.04.93

³ O.J. No. L93/27, 17.04.93

⁴ O.J. No. L93/37, 17.04.93

⁵ O.J. No. L310/41, 14.12.93

(Amendment) Regulations, 1994, ( S.I. No. 7 of 1994 ) are hereby revoked.

2. In these Regulations--

"the Principal Regulations" means the European Communities (Materials and Articles Intended to come into Contact with Foodstuffs) Regulations, 1991 ( S.I. No. 307 of 1991 ).

3. (1) Regulation 2 of the Principal Regulations is hereby amended--

( a ) by the substitution of the following definition for the definition of "Commission Directives' therein--

"'Commission Directives' means Commission Directive 80/590/EEC¹,

Commission Directive 80/766/EEC², Commission Directive 86/388/EEC³,

Commission Directive 90/128/EEC⁴, Commission Directive 92/39/EEC⁵,

Commission Directive 92/15/EEC⁶, Commission Directive 93/8/EEC⁷,

Commission Directive 93/9/EEC⁸, Commission Directive 93/10/EEC⁹,

Commission Directive 93/11/EEC¹⁰, and Commission Directive 93/111/EC¹¹;",

( b ) by the substitution of the following definition for the definition of "Specific Directives" therein--

"'Specific Directives' means Council Directive 78/142/EEC¹², Council Directive 82/711/EEC¹³, Council Directive 85/572/EEC¹⁴, Commission Directive 90/128/EEC¹⁵ and Commission Directive 93/11/EEC¹⁶;".

¹ O.J. No. L15½1, 19.06.80

² O.J. No. L21¾2, 16.08.80

³ O.J. No. L338/32, 14.08.86

⁴ O.J. No. L75/19, 21.03.90

⁵ O.J. No. L168/21, 23.06.92

⁶ O.J. No. L102/44, 16.04.92

⁷ O.J. No. L90/22, 14.04.93

⁸ O.J. No. L90/26, 14.04.93

⁹ O.J. No. L93/27, 17.04.93

¹⁰ O.J. No. L93/37, 17.04.93

¹¹ O.J. No. L310/41, 14.12.93

¹² O.J. No. L44/15, 15.02.78

¹³ O.J. No. L297/26, 23.10.82

¹⁴ O.J. No. L372/14, 31.12.85

¹⁵ O.J. No. L75/19, 21.03.90

¹⁶ O.J. No. L93/37, 17.04.93

(2) Regulation 7 of the Principal Regulations is hereby amended--

( a ) by the deletion in paragraph (1) of "Annex I to Council Directive 83/229/EEC" and the substitution of "Article 6 of Commission Directive 93/10/EEC and Annex III thereto";

( b ) by the deletion in clause (i) of paragraph (3) of "Annex II to Council Directive 83/229/EEC" and the substitution of "Annex III to Commission Directive 93/10/EEC";

( c ) by the addition of the following paragraph--

"(6) From 1 July, 1994 a person shall not engage in trade in or in use of regenerated cellulose film which does not conform to Article 5 (1) of Commission Directive 93/10/EEC as amended by Article 1 of Commission Directive 93/111/EC.".

(3) Regulation 9 of the Principal Regulations is hereby amended--

( a ) by the deletion in clause (i) of paragraph (7) of "(overall migration limit)" and the substitution of "overall migration limit as laid down in Article 1.1 of Commission Directive 93/8/EEC";

( b ) by the deletion of clause (ii) of paragraph (7) and the substitution of "in quantities exceeding the specific migration limits set out in the list in Annex II to Commission Directive 90/128/EEC as amended by Article 1.2 of Commission Directive 93/9/EEC";

( c ) by the insertion in paragraph (10) after "82/711/EEC" of "as amended by Article 1.1. of Commission Directive 93/8/EEC";

( d ) by the substitution for paragraph (14) of the following paragraph--

"(14) From 1 April, 1996 a person shall not engage in trade in or in use of plastic materials and articles unless they comply with the provisions of this Regulation.".

(4) The Principal Regulations are hereby amended by the addition of the following Regulation after Regulation 9--

teats and soothers made of rubber or elastomers which release N-nitrosamines and N-nitrosatable substances the migration of which may endanger human health as determined by means of a test, the conditions of which are specified in Annex I to Commission Directive 93/11/EEC, and detected by a validated method which complies with the criteria laid down in Annex II to that Directive and which can detect the quantities specified in Article 2 thereof.

(3) A person shall not engage in trade in or in use of teats and soothers made of rubber or elastomers unless they comply with the provisions of this Regulation.".

GIVEN under my Official Seal, this 20th day of April, 1994.

RUAIRÍ QUINN,

Minister for Enterprise and

Employment.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to Commission Directives 93/8/EEC, 93/9/EEC, 93/10/EEC, 93/11/EEC and 93/111/EC on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs and also for the administration and enforcement of the Regulations.