L 302/28 Official Journal of the European Union 19.11.2005 COMMISSION REGULATION (EC) No 1895/2005 of 18 November 2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food (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 (1), and in particular Article 5(1) thereof, After consulting the European Food Safety Authority, Whereas: To avoid risks to human health and barriers to the free movement of goods, Commission Directive 2002/16/EC of 20 February 2002 on the use of certain epoxy deri- vatives in materials and articles intended to come into contact with food (2), lays down specific migration limits for  2,2-bis(4-hydroxyphenyl)propane  bis(2,3-epoxy- propyl) ether (BADGE ie. Bisphenol-A DiGlycidyl Ether), bis(hydroxyphenyl)methane  bis(2,3-epoxypro- pylethers (BFDGE' ie. Bisphenol-F DiGlycidyl Ether) and novolac glycidyl ethers (NOGE) and some of their derivatives. Directive 2002/16/EC provides that the use andfor the presence of BFDGE and NOGE may only be continued until 31 December 2004. For BADGE the transitional period was extended until 31 December 2005 pending the expected submission of new toxicological data and their evaluation by the European Food Safety Authority (the Authority). The toxicological data required for BADGE have been transmitted. The Authority concluded that BADGE, BADGEH,0 and BADGE.2H,0 do not raise concern about carcinogenicity and genotoxicity in vivo and that () OJ L 338, 13.11.2004, p. 4. () OJ L 51 of 22.2.2002, p. 27. Regulation as amended by Directive 2004/13[EC (O] L 27, 30.1.2004, p. 46). a Tolerable Daily Intake of 0,15 mg/kg body weight can be established for BADGE, BADGEH,0 and BADGE.2H,0. Therefore a higher specific migration limit SML(T) can be established for BADGE BADGE.H,0 and BADGE.2H,0. As regards the BADGE chlorohydrins, in view of the lack of data on genotoxicity in vivo, the Authority considers that the current specific migration limit of 1 mg/kg of food or food simulants remains appropriate. Trade in and use of materials and articles containing BADGE in accordance with this Regulation shall therefore be permitted throughout the Community as from 1 January 2006. The toxicological data required for NOGE and BFDGE have not been transmitted on time to permit their evaluation by the Authority and to continue their use. Therefore the use andfor presence BFDGE and NOGE is no longer permitted as from 1 January 2005 in accordance with Directive 2002/16/EC. However the exhaustion of existing stocks should be permitted. For large containers, the use andfor presence of BADGE, NOGE and BFDGE are permitted. The high volume/ surface area ratio, the repeated use over their long lifetime which reduces migration and the fact that contact with food usually occurs at ambient temperature suggests that it is not necessary to set a migration limit for BADGE, NOGE and BFDGE used in such containers. Pursuant to Article 16 of Regulation (EC) No 1935/2004 materials and articles covered by specific measures are to be accompanied by a written declaration stating that they comply with the rules applicable to them. That requirement has not yet been included in Directive 2002/16[EC. Therefore it is necessary to introduce this obligation and to provide for a transitional period. Having regard to the amendments required and in the interest of clarity, Directive 2002/16/EC should be replaced by a new Regulation.