S.L. 549.43 Art. 7Derogation for glass packaging.

Without prejudice to regulation 5, glass packaging shall be allowed to exceed the limit of 100 ppm by weight of the sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium: Provided that:

(a) no lead, cadmium, mercury or hexavalent chromium shall be intentionally introduced during the manufacturing process. The packaging material may only exceed the concentration limits because of the addition of recycled materials;

(b) where the average heavy metals concentration levels on any twelve consecutive monthly controls made from the production of each individual glass furnace, representative of normal and regular production activity, exceeds the 200 ppm limit, the manufacturer or his authorised representative who puts the product on the market shall submit a report to the competent authority;

(c) such report as is mentioned in paragraph (b) shall provide information as to -- measure values, - description of measurement methods employed, - suspected sources for the presence of heavy metals concentration levels, - detailed description of the measures taken to reduce the heavy metals concentration levels: Provided that where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who puts the product on the market;

(d) measurement results from production sites and measurement methods employed shall be made available at any time to the competent authority if requested.