23. 6. 92 Official Journal of the European Communities No L 168/21 (Acts whose publication is not obligatory) COMMISSION COMMISSION DIRECTIVE 92/39/EEC of 14 May 1992 amending Directive 90/128/EEC relating to plastics materials and articles intended to come into contact with foodstuffs THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs (), and in particular Article 3 thereof, Whereas Commission Directive 90/128/EEC (3 of 23 February 1990, and in particular Article 3 (4), provides for the revision of Annex II and particularly section B ; Whereas, on the basis of the available information, certain substances provisionally admitted at national level may be included in the Community list, while others must be definitively prohibited ; Whereas certain substances provisionally admitted at national level may continue to be permitted for a further specified period since the data requested by the Scientific Committee for Food are not yet available but the required studies are ongoing or are planned; Whereas other substances have been requested for use following the adoption of the Directive, and the technical data supplied permit their inclusion in the Community list ; Whereas, for certain substances, the restrictions already set out should be amended according to the available information ; ‘Whereas it is necessary to permit the continued use of certain well-defined substances contained in those groups () OJ No L 40, 11. 2. 1989, p. 38. () OJ No L 75, 21. 3. 1990, p. 19, rectified by OJ No L 349, 13. 12. 1990, p. 26. of substances which are not well-defined and are now deleted, pending a decision on their inclusion in the Community list; Whereas the Scientific Committee for Food has been consulted ; Whereas the measures laid down by this Directive comply with the opinion of the Standing Committee on Food- stuffs, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 90/128/EEC is hereby amended as follows : 1. Article 3 (4) is replaced by the following: ‘4. As from 1 January 1997, only those monomers and other starting substances listed in Annex II, Section A, shall be used for the manufacture of plastic materials and articles, subject to the restrictions speci- fied therein. However, the substances listed in Annex II, Section B may be deleted before the abovemen- tioned date if the data requested for inclusion in Section A are not supplied in time to permit their evaluation by the Scientific . Committee for Food. Moreover, before 1 January 1996 it may be decided that, in some justified cases, for certain substances listed in Annex II, Section B, this time-limit will be postponed.’ 2. Annex II of Directive 90/128/EEC is amended as