SECTION 1Authorised substances
Article 5Union list of authorised substances
1.Only the substances included in the Union list of authorised substances (hereinafter referred to as the Union list) set out in Annex I may be intentionally used in the manufacture of plastic layers in plastic materials and articles.
2.The Union list shall contain:
(a)monomers or other starting substances;
(b)additives excluding colorants;
(c)polymer production aids excluding solvents;
(d)macromolecules obtained from microbial fermentation.
3.The Union list may be amended in accordance with the procedure established by Articles 8 to 12 of Regulation (EC) No 1935/2004.
Article 6Derogations for substances not included in the Union list
1.By way of derogation from Article 5, substances other than those included in the Union list may be used as polymer production aids in the manufacture of plastic layers in plastic materials and articles subject to national law.
2.By way of derogation from Article 5, colorants and solvents may be used in the manufacture of plastic layers in plastic materials and articles subject to national law.
3.The following substances not included in the Union list are authorised subject to the rules set out in Articles 8, 9, 10, 11 and 12:
(a)salts (including double salts and acid salts) of aluminium, ammonium, barium, calcium, cobalt, copper, iron, lithium, magnesium, manganese, potassium, sodium, and zinc of authorised acids, phenols or alcohols;
(b)mixtures obtained by mixing authorised substances without a chemical reaction of the components;
(c)when used as additives, natural or synthetic polymeric substances of a molecular weight of at least 1 000 Da, except macromolecules obtained from microbial fermentation, complying with the requirements of this Regulation, if they are capable of functioning as the main structural component of final materials or articles;
(d)when used as monomer or other starting substance, pre-polymers and natural or synthetic macromolecular substances, as well as their mixtures, except macromolecules obtained from microbial fermentation, if the monomers or starting substances required to synthesise them are included in the Union list.
4.The following substances not included in the Union list may be present in the plastic layers of plastic materials or articles:
(a)non-intentionally added substances;
(b)aids to polymerisation.
5.By derogation from Article 5, additives not included in the Union list may continue to be used subject to national law after 1 January 2010 until a decision is taken to include or not to include them in the Union list provided they are included in the provisional list referred to in Article 7.
Article 7Establishment and management of the provisional list
1.The provisional list of additives that are under evaluation by the European Food Safety Authority (hereinafter referred to as the Authority) that was made public by the Commission in 2008 shall be regularly updated.
2.An additive shall be removed from the provisional list:
(a)when it is included in the Union list set out in Annex I; or
(b)when a decision is taken by the Commission not to include it in the Union list; or
(c)if during the examination of the data, the Authority calls for supplementary information and that information is not submitted within the time limits specified by the Authority.