THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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)(n) thereof,
Whereas:
(1)
Recital 20 of Commission Regulation (EC) No 282/2008 states that decisions to authorise plastic recycling processes should be adopted in accordance with the regulatory procedure described in Article 23(2) of Regulation (EC) No 1935/2004.
(2)
Article 6 of Regulation (EC) No 282/2008 which is concerned with such decisions refers in its paragraph 1 to Article 11(3) of Regulation (EC) No 1935/2004.
(3)
When Regulation (EC) No 282/2008 was adopted, both Articles 11(3) and 23(2) of Regulation (EC) No 1935/2004 referred to the regulatory procedure established in Article 5 of Council Decision 1999/468/EC.
(4)
Article 11(3) of Regulation (EC) No 1935/2004 was amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council to introduce the regulatory procedure with scrutiny established in Article 5a of Decision 1999/468/EC by referring to a newly inserted Article 23(4) in Regulation (EC) No 1935/2004.
(5)
Given that the authorisation of a plastic recycling process is an act of individual scope designed to implement Article 5(1)(n) of Regulation (EC) No 1935/2004 and that precise criteria governing the authorisation are set out in Article 4 of Regulation (EC) No 282/2008, the regulatory procedure to which Article 23(2) of Regulation (EC) No 1935/2004 refers, should apply. However, the regulatory procedure does not exist any more since Decision 1999/468/EC has been replaced by Regulation (EU) No 182/2011 of the European Parliament and of the Council. Under Regulation (EU) No 182/2011, the examination procedure is the appropriate procedure for authorisation of plastic recycling processes.
(6)
The reference to the adoption procedure in Regulation (EC) No 282/2008 should be adapted.
(7)
Regulation (EC) No 282/2008 should therefore be amended accordingly.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION: