S.I. No. 566/2006 - European Communities (Plastics and Other Materials) (Contact with Food) (Amendment) Regulations 2006

S.I. No. 566 of 2006

EUROPEAN COMMUNITIES (PLASTICS AND OTHER MATERIALS) (CONTACT WITH FOOD) (AMENDMENT) REGULATIONS 2006

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Council Directive No. 78/142/EEC of 30 January 1978¹ , Commission Directive No. 80/766/EEC of 8 July 1980² and Commission Directive No. 81/432/EEC of 29 April 1981³ , Council Directive No. 84/500/EEC of 15 October 2004⁴ as amended by Commission Directive No. 2005/31/EC of 29 April 2005⁵ , Commission Directive No. 93/10/EEC of 15 March 1993⁶ as amended by Commission Directive 93/111/EC of 10 December 1993⁷ and Commission Directive No. 2004/14/EC of 29 January 2004⁸ , Commission Directive No. 93/11/EEC of 5 March 1993⁹ , Council Directive 2002/72/EC of 6 August 2002¹⁰ as amended by Commission Directive 2004/1/EC of 6 January 2004¹¹ , Commission Directive No. 2004/19/EC of 1 March 2004¹² and, from 19 November 2006, Commission Directive 2005/79/EC of 18 November 2005¹³ and full effect to Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of 27 October 2004¹⁴ and Commission Regulation (EC) No. 1895/2005 of 18 November 2005¹⁵ , hereby make the following regulations—

1.  These Regulations may be cited as the European Communities (Plastics and other materials) (Contact with food) (Amendment) Regulations 2006.

2.  The European Communities (Plastics and other materials) (Contact with food) Regulations 2006 ( S.I. No. 139 of 2006 ) are amended—

(a)  in Regulation 2(1),—

(i)  by the insertion, after the definition of “supply”, of—

“ ‘teats and soothers Directive’ means Commission Directive 93/11/EEC of 5 March 1993;”,

(ii)  by the substitution in the definition of “vinyl chloride Directive” for “88/766/EEC”, of “80/766/EEC”,

(b)  in Regulation 2(2), by the insertion after “plastics Directive” of “teats and soothers Directive”,

(c)  in Regulation 5(1), by the substitution for “19 November 2005” of “19 November 2007”,

(d)  by the substitution, for Regulation 5(3), of—

“(3)  A test for migration shall be carried out in accordance with Article 8 of the plastics Directive.”,

(e)  by the insertion, after Regulation 5, of—

“Teats and soothers

5A. A person shall not manufacture, import, export, sell or supply a teat or soother that does not comply with the teats and soothers Directive.”,

(f)  in Regulation 7(3), by the substitution for “paragraph 4”, of “paragraph (2)”, and

(g)  in Regulation 13(1)(d), by the insertion after “5,” of “5A,”.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations amend the European Communities (Plastics and other materials) (Contact with food) Regulations 2006, S.I. No. 139 of 2006 .

¹ O.J. No. L 44 of 15.9.1978, p.15.

² O.J. No. L 213 of 16.8.1980, p.42.

³ O.J. No. L. 167 of 24.6.1981, p. 6.

⁴ O.J. No. L 277 of 20.10.1984, p.12.

⁵ O.J. No. L 110 of 30.4.2005, p.36.

⁶ O.J. No. L 93 of 17.4.1993, p.27.

⁷ O.J. No. L 310 of 14.12.1993, p.41.

⁸ O.J. No. L 27 of 30.1.2004, p.48.

⁹ O.J. No. L 93 of 17.4.1993, p.37.

¹⁰ O.J. No. L 220 of 15.8.2002, p.18.

¹¹ O.J. No. L 7 of 13.1.2004, p.45.

¹² O.J. No. L 71 of 10.3.2004, p.8.

¹³ O.J. No. L 302 of 19.11.2005, p.35.

¹⁴ O.J. No. L 338 of 13.11.2004, p.4.

¹⁵ O.J. No. L 302 of 19.11.2005, p.28.