ARTICLE 5
1. Notwithstanding the Article 4, a Member State may authorize the use within its territory of other substances, not contained in the lists of substances allowed, for certain cosmetic products specified in its national authorization, subject to the following conditions:
a) the authorization must be limited to a maximum of three years;
b) the Member State must carry out an official check on cosmetic products manufactured from the substance or preparation use of which it has authorized;
c) cosmetic products thus manufactured must bear a distinctive indication which will be defined in the authorization.
2. The Member State shall forward to the ASEAN Secretariat and to the other Member States the text of any authorization decision taken pursuant to paragraph 1 within two months of the date on which it came into effect.
3. Before expiry of the three-year period provided for in paragraph 1, the Member State may submit to the ACC a request for the inclusion in the list of permitted substances (Annex VIII – the ASEAN Handbook of Cosmetic Ingredients) given national authorization in accordance with paragraph 1. At the same time, it shall supply supporting documents setting out the grounds on which it deems such inclusion justified and shall indicate the uses for which the substance or preparation is intended. A decision shall be taken on the basis of the latest scientific and technical knowledge, after consultation, at the initiative of the ACC or of a Member State, as to whether the substance in question may be included in a list of permitted substances (Annex VIII – the ASEAN Handbook of Cosmetic Ingredients) or whether the national authorization should be revoked. Notwithstanding paragraph 1(a), the national authorization shall remain in force until a decision is taken on the request for inclusion in the list.