SEVENTH COMMISSION DIRECTIVE
of 28 February 1986
adapting to technical progress Annexes II , III , IV and V to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products
( 86/179/EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
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) , as last amended by Directive 85/391/EEC (2) , and in particular Articles 5 and 8 ( 2 ) thereof ,
Whereas , in order to protect public health , it is necessary to prohibit chloroform , 2,3,7,8-tetrachlorodibenzo-p-dioxin , 2,6-dimethyl-1,3-dioxan-4-yl acetate ( Dimethoxane ) and pyrithione sodium ( INNM ) in cosmetic products ;
Whereas on the basis of the latest findings of scientific and technical research the use of 1,3-bis(hydroxymethyl)imidazolidine-2-thione may be authorized for nail care under certain conditions ;
Whereas , on the basis of the available information , certain provisionally permitted colouring agents and substances may be definitively permitted , while others must be definitively prohibited or be permitted for a further specified period ;
Whereas the measures laid down in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Cosmetic Products Sector ,
HAS ADOPTED THIS DIRECTIVE :
Article 1
Directive 76/768/EEC is hereby amended as follows :
1 . In Annex II , the following numbers are added :
" 366 . Chloroform
367 . 2,3,7,8-Tetrachlorodibenzo-p-dioxin except as an impurity of hexachlorophene , subject to the conditions laid down in Annex VI - Part 1 , under No 6
368 . 2,6-Dimethyl-1,3-dioxan-4-yl acetate ( Dimethoxane )
369 . Pyrithione sodium ( INNM ) " .
2 . Annex III , Part 1 is amended as follows :
" a * b * c * d * e * f *
44 * 1,3-Bis (hydroxymethyl)imidazolidine-2-thione * ( a ) Hair-care preparations * ( a ) Up to 2 % * ( a ) Prohibited in aerosol dispensers ( sprays ) * Contains 1,3-bis(hydroxymethyl)imidazolidine-2-thione *
* * ( b ) Nail-care preparations * ( b ) Up to 2 % * ( b ) The pH of the product as applied must be less than 4 * *
51 * Quinolin-8-ol and bis ( 8-hydroxyquinolinium ) sulphate * Stabilizer for hydrogen peroxide in rinse-off hair-care preparations * 0,3 % calculated as base " * * *
3 . Annex III , Part 2 , Annex IV , Parts 2 and 3 , are replaced by Annexes 1 and 2 to this Directive .
4 . Annex V is amended as follows :
- No 10 - Chloroform is deleted ,
- In Nos 5 and 6 , the footnote reference (5) is replaced by (3) .
Article 2
1 . Member States shall take the necessary measures to ensure that from 1 January 1988 neither manufactures nor importers established in the Community place on the market products which do not satisfy the requirements of this Directive .
2 . Member States shall take the necessary measures to ensure that the products referred to in paragraph 1 can no longer be sold or disposed of to the final consumer after 31 December 1989 .
Article 3
1 . Member States shall bring into force the laws , regulations and administrative provisions necessary to comply with the provisions of this Directive not later than 31 December 1986 . They shall forthwith inform the Commission thereof .
2 . Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive .
Article 4
This Directive is addressed to the Member States .
Done at Brussels , 28 February 1986 .