28.3.2008 Official Journal of the European Union L 86/9 COMMISSION REGULATION (EC) No 282/2008 of 27 March 2008 on recycled plastic materials and articles intended to come into contact with foods and amending Regulation (EC) No 20232006 (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC ('), and in particular Article 5(1) thereof, After consulting the European Food Safety Authority (‘the Authority’), Whereas: Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (2 promotes the recovery and incin- eration at waste incineration plants with energy recovery and recycling of packaging waste. Regulation (EC) No 1935/2004 sets out the general prin- ciples for eliminating the differences between the laws of Member States as regards materials and articles in contact with food and provides in Article 5(1) for the adoption of specific measures for groups of materials and articles. That Regulation identifies that harmonisation of rules on recycled plastic materials and articles should be given priority. Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles intended to come into contact with foodstuffs (°) sets out rules for () O] L 338, 13.11.2004, p. 4. (® OJ L 365, 31.12.1994, p. 10. Directive as last amended by Directive 2005/20/EC (O] L 70, 16.3.2005, p. 17). () OJ L 220, 15.8.2002, p. 18. Directive as last amended by Directive 2007/19/EC (O] L 91, 31.3.2007, p. 17). (6) plastic materials and articles which are intended to come into contact with foodstuffs. Plastic packaging waste may contain residues from previous use, contaminants from misuse and contaminants ~ from  non-authorised  substances. Therefore it is necessary to lay down special requirements to ensure that materials and articles produced from recycled plastics and intended for food contact respect the requirements of Article 3 of Regulation (EC) No 1935/2004. Commission Regulation (EC) No 2023/2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food (* lays down rules on good manufacturing practice for groups of materials and articles intended to come into contact with food listed in Annex I to Regu- lation (EC) No 1935/2004 and combinations of those materials and articles or recycled materials and articles used in those materials and articles. Plastic waste can be treated mechanically to produce recycled materials and articles or it can be broken down to monomers and oligomers by chemical depoly- merisation. Monomers and oligomers resulting from chemical depolymerisation should not be treated differently from monomers manufactured by chemical synthesis. Therefore, they are covered by the authorisa- tion of monomers and additives in Directive 2002/72/EC and they should comply with the specifications and purity criteria established therein. Therefore, they should not be covered by this Regulation. Offcuts and scraps from the production of plastic food contact materials, that has not been in contact with food or otherwise contaminated and is re-melted on the premises into new products or sold to a third party as part of a quality control system in compliance with the rules for good manufacturing practice laid down in Regu- lation (EC) No 2023/2006 would be considered as suitable for food contact applications and should not fall under the scope of this Regulation. All other offcuts and scraps from the production of plastic food contact materials should fall within the scope of the present Regulation. () O] L 384, 29.12.2006, p. 75.