Article 5

1. In order to take account of scientific or technical developments which have occurred since the adoption of a list in accordance with Article 3, a Member State may. provisionally authorize the marketing and use within its territory of an additive from one of the categories listed in Annex I and not included in the relevant list provided that the following conditions are satisfied: the authorization shall be limited to a maximum period of two years; the Member State shall ensure that foodstuffs containing an additive which it has authorized are officially monitored; in the authorization the Member State may require that foodstuffs manufacted with the additive in question shall bear a special indication. 2. The Member State shall communicate to the other Member States and to the Commission the text of any authorization decision adopted pursuant to paragraph 1, within two months of the date on which the decision takes effect. 3. Before the two-year period stipulated in paragraph 1 (a) has expired the Member State may request the Commission to include in the list adopted in accordance with Article 3 the additive which had been the subject of national authorization pursuant to paragraph 1 of this Article. At the same time, the Member State shall provide the evidence which, in its view, supports such inclusion and shall indicate how the additive is to be used. If the Commission considers this request to be justified, it shall operate the procedure laid down in Article l00a of the Treaty in order to amend the list adopted in accordance with Article 3. The Council shall act on a proposal from the Commission, within 18 months from the date on which the matter was referred to it. 4. If, within the two-year period stipulated in paragraph l, the Commission does not submit a proposal in accordance with paragraph 3, or if the Council does not act within the 18-month period stipulated in paragraph 3, the national authorization must be cancelled. At the same time, any authorization granted by another Member State for the same additive must be cancelled. 5. N° new authorization for the same additive may be granted unless the scientific or technical development made since the cancellation provided for in paragraph 4 so justifies.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.