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- Practical Guide -
Page 22 of 153
4.
Specific Directives (Art. 3)
Article 3
1.
The groups of materials and articles listed in Annex I and, where appropriate, combinations of these materials and articles
shall be subject to specific Directives.
..............
Annex I
Plastics, including varnish and coatings
Regenerated cellulose
Elastomer and rubber
Paper and board
Ceramics
Glass
Metals and alloys
Wood, including cork
Textile products
Paraffin waxes and micro-crystalline waxes
This Annex can be seen as a 'positive list of domains' for which the Commission has received
an explicit mandate from the Council, whereby the latter is entitled to take legislating
initiatives whenever appropriate. In this procedure, the Commission acts in accordance with
the rules and general criteria set out by the Council and laid down in Annex II of this
Directive. This list implies no limitation of action for the Commission in other fields than
those listed above.
3.
The specific Directives may include:
(a) A list of the substances the use of which is authorised to the exclusion of all others (positive list);
Examples
-
Lists (Section A and B) of Directive 2002/72/EC [A29] relating to plastic materials and
articles intended to come into contact with foodstuffs.
-
List of approved substances for use in regenerated cellulose films (Directive 93/10/EEC
[A18].
On the other hand, the Directive on ceramics does not contain any positive list (see Annex II,
point 3 of Dir. 89/109/EEC [A11]).
See in this Section, paragraph 5, EU positive lists and other regulatory instruments on
the proper significance of the positive lists.
(b) Purity standards for such substances;
Example:
The Directive 2002/72/EC [A29] states that the substances used in the manufacture of these
materials and articles must be of 'good technical quality'. The interpretation of 'good
technical quality' is difficult and can be given only case by case. Criteria must be specified
for individual substances.
(c) Special conditions of use for these substances and/or the materials and articles in which they are used;