3. In the case of —
(a)a plastic material or article that does not comply with the restrictions and specifications for phthalates under Ref. Nos. 74560, 74640, 74880, 75100 or 75105 in Annex III, or
(b)a lid containing a gasket that does not comply with the restrictions and specifications for Ref. No. 36640 (azodicarbonamide) in Annex III
(other than one mentioned in paragraphs 1 or 2) and which was manufactured or imported into the European Community before 1st July 2008, the material or article in question meets the required standard if it meets the required standard as it was immediately before the implementation in Wales on 1st May 2008 of Commission Directive 2007/19/EC(1).
(1)
OJ No. L91, 31.3.2007, p.17.