21. 3. 90 Official Journal of the European Communities No L 75/19 (Acts whose publication is not obligatory) COMMISSION COMMISSION DIRECTIVE of 23 February 1990 relating to plastics materials and articles- intended to come into contact with foodstuffs (90/128/EEC) 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 1989 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. Article 2 of Directive- 89/109/EEC lays down that materials and articles, in their finished state, must. not- transfer their constituents to foodstuffs in--quantities which could endanger human health or bring about an unacceptable change in the composition of the food- stuffs ; Whereas, in order.to achieve this objective in the case of plastics materials and articles, a suitable instrument is a specific Directive within the meaning of Article 3 of Directive 89/109/EEC, the general provisions of which are also applicable to the case in question ; Whereas the scope of this Directive must coincide with that of Council Directive 82/711/EEC(®; Whereas since the rules established in this Directive. are not suitable for ion-exchange resins, these materials and- articles will- be -covered by a subsequent specific Direc- tive ; () OJ No L 40, 11. 2. 1989, p. 38. () OJ No L 297, 23. 10. 1982, p. 26. Whereas the establishment of a list of - approved substances accompanied by a limit an overall  migration and, where necessary, by other specific restrictions will be sufficient to achieve the objective laid down in Article 2 of Directive 89/109/EEC ; Whereas the stage reached in the work at Community level does not yet permit adoption of a complete list of the authorized substances applicable to all types of plas-- tics materials and articles and therefore the substances - which are currently used in at least one Member State can continue to be used pending a decision on- inclusion in the Community list; whereas this . Directive will accor- dingly be extended in due course to the substances and sectors provisionally excluded ; ‘Whereas the overall migration limit is a measure of the inertness of the material and prevents an unacceptable - change in the composition- of the foodstuffs, and, more- over, reduces the need for a large number. of specific migration limits or other restrictions, thus giving effective control ; Whereas Directive 82/711/EEC lays down the basic rules necessary for testing migration of the constituents of plas- tics: materials. and articles and- Council Directive 85/572/EEC (%) establishes the list of simulants to be used in the migration tests ; () OJ No L 372, 31. 12. 1985, p. 14.