16. For paragraph 4(b) of Part I (basic rules) of Schedule 4 (overall and specific migration testing using food simulants) there shall be substituted –
“(b)omit the migration, the substitute or the alternative tests where –
(i)there is conclusive proof that the migration limits cannot be exceeded in any foreseeable conditions of use of the material or article, or
(ii)the conditions for non-compulsory testing set out in Article 8.2 and 8.3 of the Directive are met.”.