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- Practical Guide -
Page 24 of 153
(i)
Detailed rules concerning sample taking and the methods of analysis required checking compliance with the
provisions of points (a) to (g).
Examples:
Ceramics: the methods of analysis have been defined in the Annex II of Directive
84/500/EEC [A8].
Directive 81/432/EEC [A5] lays down the Community methods for the analysis of vinyl
chloride.
The Commission mandated CEN to establish validated methods of analysis (see Chapter
III
).
5.
EU positive lists and other regulatory instruments
Lists of substances authorised in materials and articles in contact with foodstuffs may exist at
three levels:
5.1 In EU Directives.
Inclusion (or rejection) of substances in a positive list at EU level is the final stage of the
process of harmonising national legislation and protection of public health. Consumers are
then assured that authorised substances are in agreement with the best currently available
knowledge on risk assessment. Manufacturers, resellers, marketers are given guarantees that
no other restrictions than those mentioned in the positive lists will be imposed on the
materials they would like to place on the market.
5.2 In national positive lists.
Member States may maintain their national positive lists in fields where harmonisation by the
EU legislation has not taken place yet. Since the EU list has been derived from the national
lists and must be transposed in national law, no contradiction should exist between EU
harmonisation and implementation of national lists. If a material complying with a national
positive list is rejected by a country into which the material is exported, either because a
substance used is not authorised in the importing country or a more severe restriction exists,
the problem should be examined in the light of the Framework Directive. The country
refusing the importation should justify the measures taken (prohibition of the substance or
more severe restriction) by health concerns. The opinion on the substance expressed by the
SCF will usually decide.
5.3 In provisional EU lists.
Synoptic document contained in JRC website is a working document made by the
Commission services, which contains the substances authorised or used in the Member
States. It is not a legal binding text but only an informative document. Beside any substance
the opinion of the SCF is reported. The restrictions suggested by the SCF can orientate the
Member States and the industry in managing these substances.
The inclusion of a new substance in the Community lists requires an application at the
Commission services (first and third level) or the national authorities (second level). See
For further explanation and details on the administrative procedure to follow, see "Note for
Guidance"
in the JRC website (
http://cpf.jrc.it/webpack
).