<s>[INST] The next text is a question of a member of the European parliament:"In the answer to my question E-1655/04, the Commission states, ‘The Commission confirms that tooth whitening products placed on the market for the principal purpose of lightning (sic) discoloured teeth, whether or not they contain peroxide and regardless of concentration, cannot be considered medical devices since they do not meet the definition of “medical device” contained in Council Directive 93/42/EEC of 14 June 1993 concerning medical devices’.  To follow up, does the Commission have any competence to rule upon whether particular products are or are not medical devices, or does this role lie with the notified bodies and competent authorities of the Member States? Should this power be exercised in relation to individual products or broad categories of products, as the Commission’s response appears to suggest?  Further, is the Commission aware that some Member States' courts have concluded that tooth whitening products may meet the definition of ‘medical device’, following detailed analysis of particular products and the testimony of expert witnesses?  Has the Commission carried out similar detailed analyses of products? If so, does the Commission consider that it is better equipped than courts of law to determine whether or not a product fits a legal definition?  The Commission reply also noted that the Commission has asked Member States to provide information on the marketing of tooth whitening products with a hydrogen peroxide concentration of more than 0.1% and that the Commission ‘awaits a general overview by autumn’. Given this, does the Commission not consider it presumptive to ‘confirm’ that tooth whitening products are not and cannot be medical devices, even though the Commission is not in possession of complete, relevant information?"
Analyze carefully the text and assign it to the most relevant policy area among those listed below. Do not explain your answer and return only a number.
Policy area numbers: 1 = Macroeconomics
2 = Civil Rights, Minority Issues and Civil Liberties
3 = Health
4 = Agriculture and Fisheries
5 = Labour, employment and pensions
6 = Education
7 = Environment
8 = Energy
9 = Immigration
10 = Transportation
12 = Law and Crime
13 = Social welfare
14 = Regional and Urban issues and Planning
15 = Banking, finance and domestic commerce issues
16 = Defence
17 = Space, science, technology, and communications issues
18 = Foreign trade
19 = International affairs and foreign aid
20 = Governance and government
21 = Public Lands, Water Management and Territorial Issues
23 = Culture and media
[/INST]. Answer = [3]. </s>
In the answer to my question E-1655/04, the Commission states, ‘The Commission confirms that tooth whitening products placed on the market for the principal purpose of lightning (sic) discoloured teeth, whether or not they contain peroxide and regardless of concentration, cannot be considered medical devices since they do not meet the definition of “medical device” contained in Council Directive 93/42/EEC of 14 June 1993 concerning medical devices’.  To follow up, does the Commission have any competence to rule upon whether particular products are or are not medical devices, or does this role lie with the notified bodies and competent authorities of the Member States? Should this power be exercised in relation to individual products or broad categories of products, as the Commission’s response appears to suggest?  Further, is the Commission aware that some Member States' courts have concluded that tooth whitening products may meet the definition of ‘medical device’, following detailed analysis of particular products and the testimony of expert witnesses?  Has the Commission carried out similar detailed analyses of products? If so, does the Commission consider that it is better equipped than courts of law to determine whether or not a product fits a legal definition?  The Commission reply also noted that the Commission has asked Member States to provide information on the marketing of tooth whitening products with a hydrogen peroxide concentration of more than 0.1% and that the Commission ‘awaits a general overview by autumn’. Given this, does the Commission not consider it presumptive to ‘confirm’ that tooth whitening products are not and cannot be medical devices, even though the Commission is not in possession of complete, relevant information?