Article 6
Conditions for granting a derogation 1. Where the Commission considers granting a derogation, it shall do so in accordance with the procedure referred to in Article 12(2), and on the basis of the following criteria: - use in low-dispersive applications, rather than in wide-dispersive applications; - use in specific industrial and/or institutional applications only; - the risk to the environment or to health posed by the volume of sales and the pattern of use throughout the Community is small compared to the socio-economic benefits, including food safety and hygiene standards. 2. As long as the Commission has not decided on a request for derogation, the placing on the market and use of the surfactant in question may be maintained, provided the manufacturer can show that the surfactant was already in use on the Community market at the date of entry into force of this Regulation and that the request for derogation was made within two years from that date. 3. If the Commission refuses to grant a derogation, it shall do so within 12 months of receiving from a Member State the evaluation mentioned in Article 5(3), except in the case of Article 5(4) and (6) of Decision 1999/468/EC where the period shall be 18 months. It may set a transitional period during which the placing on the market and use of the surfactant in question shall be phased out. This transitional period shall not exceed two years from the date of the Commission's decision. 4. The Commission shall publish in Annex VI the list of surfactants that have been identified as not complying with this Regulation.