COMMISSION DIRECTIVE 2009/164/EU  
of 22 December 2009  
amending, for the purpose of adaptation to technical progress, Annexes II and III to Council 
Directive 76/768/EEC concerning cosmetic products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on European Union and to the 
Treaty on the Functioning of the European Union,  
Having regard to Council Directive 76/768/EEC of 27 July 
1976 on the approximation of the laws of the Member States 
relating to cosmetic products (  1 ), and in particular Article 8(2) 
thereof,  
After consulting the Scientific Committee on Consumer Safety,  
Whereas:  
(1) The substance Verbena oil ( Lippia citriodora  Kunth.) is 
currently banned for use in cosmetic products, being 
listed in Annex II to Directive 76/768/EEC, under 
reference number 450. The ban of this substance was 
introduced on the basis of an opinion of May 2000 of 
the Scientific Committee on Cosmetic Products and Non- 
Food Products intended for Consumers (SCCNFP), 
subsequently replaced by the ‘Scientific Committee on 
Consumer Products (SCCP)’ by Commission Decision 
2004/210/EC (  2 ), and later by the ‘Scientific Committee 
on Consumer Safety (SCCS)’ by Commission Decision 
2008/721/EC (  3 ). The SCCNFP recommended the 
prohibition of Verbena ( Lippia citriodora  Kunth.) essential 
oils and derivatives, e.g. concrete and absolute, when 
used as a fragrance ingredient, based on the sensitising 
potential.  
(2) However, the SCCNFP later concluded in an opinion 
issued in 2001 that Verbena absolute obtained from  
Lippia citriodora  Kunth. should not be used such that 
the level in the finished cosmetic products exceeds 
0,2 %. It is therefore appropriate to include Verbena 
absolute ( Lippia citriodora  Kunth.) together with its 
respective restriction in Annex III, Part 1 to Directive 
76/768/EEC. It is also appropriate to amend reference 
number 450 of Annex II in order to specify that the 
substances Verbena essential oils ( Lippia citriodora  
Kunth.) and derivatives other than absolute are prohibited 
when used as a fragrance ingredient.  (3) Directive 2008/42/EC of 3 April 2008 amending Council 
Directive 76/768/EEC, concerning cosmetic products, for 
the purpose of adapting Annexes II and III thereto to 
technical progress (  4 ) included several allyl esters 
containing allyl alcohol as impurity in Annex III, Part 1 
to Directive 76/768/EEC. The substance allyl phenethyl 
ether may contain allyl alcohol as impurity as well. For 
this substance, the SCCNFP issued an opinion in 2000 
recommending an upper limit of 0,1 % of allyl alcohol as 
impurity.  
(4) In the light of the SCCNFP opinion, as well as for 
consistency reasons, it is appropriate to include in 
Annex III, Part 1 to Directive 76/768/EEC the 
substance allyl phenethyl ether together with its 
respective restriction.  
(5) The group of substances Terpene terpenoids sinpine is 
currently regulated under reference number 130 in 
Annex III, Part 1 to Directive 76/768/EEC. However, 
the word ‘sinpine’ is a trade name and should therefore 
be deleted from the designation of that group of 
substances.  
(6) Directive 76/768/EEC should therefore be amended 
accordingly.  
(7) In view of a smooth transition from existing formulae of 
cosmetic products to formulae which comply with the 
requirements laid down in this Directive, it is necessary 
to provide for appropriate transitional periods.  
(8) The measures provided for in this Directive are in 
accordance with the opinion of the Standing 
Committee on Cosmetic Products,  
HAS ADOPTED THIS DIRECTIVE:  
Article 1  
Annexes II and III to Directive 76/768/EEC are amended in 
accordance with the Annex to this Directive.  
Article 2  
Member States shall take all necessary measures to ensure that, 
as from 15 February 2011, no cosmetic products which fail to 
comply with this Directive are placed on the market by Union 
manufacturers or by importers established within the Union.EN 23.12.2009 Official Journal of the European Union L 344/41  
( 1 ) OJ L 262, 27.9.1976, p. 169.  
( 2 ) OJ L 66, 4.3.2004, p. 45.  
( 3 ) OJ L 241, 10.9.2008, p. 21.  (  4 ) OJ L 93, 4.4.2008, p. 13.Member States shall take all necessary measures to ensure that, 
as from 15 August 2011, no cosmetic products which fail to 
comply with this Directive are sold or disposed of to the final 
consumer in the Union.  
Article 3  
1. Member States shall adopt and publish, by 15 August 
2010 at the latest, the laws, regulations and administrative 
provisions necessary to comply with this Directive. They shall 
forthwith communicate to the Commission the text of those 
provisions.  
They shall apply those provisions from 15 February 2011.  
When Member States adopt those provisions, they shall contain 
a reference to this Directive or be accompanied by such a 
reference on the occasion of their official publication. Member 
States shall determine how such reference is to be made.  2. Member States shall communicate to the Commission the 
text of the main provisions of national law which they adopt in 
the field covered by this Directive.  
Article 4  
This Directive shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
Article 5  
This Directive is addressed to the Member States.  
Done at Brussels, 22 December 2009.  
For the Commission  
The President  
José Manuel BARROSOEN L 344/42 Official Journal of the European Union 23.12.2009ANNEX  
Directive 76/768/EEC is amended as follows:  
1. In Annex II, reference number 450, ‘Verbena oil ( Lippia citriodora  Kunth.) (CAS No 8024-12-2), when used as a 
fragrance ingredient’ is replaced by ‘Verbena essential oils ( Lippia citriodora  Kunth.) and derivatives other than absolute 
(CAS No 8024-12-2), when used as a fragrance ingredient’.  
2. Part 1 of Annex III is amended as follows:  
(a) the following entry is inserted after the entry with reference number 151:  
Reference 
number  Substance  Restrictions  
Conditions of use 
and warnings which 
must be printed on 
the label  Field of 
application 
and/or use  Maximum auth ­
orised concen ­
tration in the 
finished cosmetic 
product  Other limitations and 
requirements  
a b  c  d  e  f  
‘151a  Allyl phenethyl ether 
CAS No 14289-65-7 
EC No 238-212-2  Level of free allyl alcohol 
in the ether should be 
less than 0,1 %’  
(b) the following entry is added:  
Reference 
number  Substance  Restrictions  
Conditions of use 
and warnings which 
must be printed on 
the label  Field of 
application 
and/or use  Maximum auth ­
orised concen ­
tration in the 
finished cosmetic 
product  Other limitations and 
requirements  
a b  c  d  e  f  
‘X Verbena absolute 
(Lippia citriodora  
Kunth.) 
CAS No 8024-12-2  0,2 %’  
(c) in column ‘b’ of the entry relating to reference number 130, the words ‘Terpene terpenoids sinpine’ are replaced by 
‘Terpenes and terpenoids’.EN 23.12.2009 Official Journal of the European Union L 344/43