30. 11. 81 Official Journal of the European Communities No C 310/5 
Opinion on the proposal for a Council Directive amending for the third time Directive 
76/768/EEC on the approximation of the laws of the Member States relating to cosmetic 
products 
The text referred to the Committee has not yet been published in the Official Journal of the 
European Communities. 
A. LEGAL BASIS FOR THE OPINION 
On 4 February 1981 the Council referred the abovementioned proposal to the Economic and 
Social Committee in accordance with Article 100 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
190th plenary session held in Brussels on 23 and 24 September 1981. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to Article 100 of the EEC Treaty, 
Having regard to the request from the Council of the 
European Communities on 5 February 1981 for an 
opinion on the proposal for a Council Directive amending 
for the third time Directive 76/768/EEC on the 
approximation of the laws of the Member States relating 
to cosmetic products, 
Having regard to the decision taken by its Bureau on 24 
February 1981, instructing the Section for Industry, 
Commerce, Crafts and Services, to draw up an opinion 
and a report on the subject, 
Having regard to the opinion adopted by the 
abovementioned section at its meeting on 2 September 
1981, 
Having regard to the report presented by Mr Masprone, 
Rapporteur, 
Having regard to the discussions at its 190th plenary 
session, held on 23 and 24 September 1981 (meeting of 
23 September), 
HAS ADOPTED THE FOLLOWING OPINION 
by a unanimous vote: 
The Committee approves the new amendments proposed 
by the Commission to the parent Directive of 27 July 1976 on cosmetic products but would like to make the 
comments set out below. 
1. General comments 
1.1. These amendments have been considered 
necessary in order to set out clearly the fields of 
application of the parent Directive and to take account of 
(a) generally established rules and findings in this field 
since the publication of the Directive and (b) the technical 
applications of these rules and findings. 
1.2. The Committee issued an earlier opinion 
approving the structure of the parent Directive. In this 
opinion it asked the Commission to draw up without 
delay, a list of approved substances by stages, starting 
with the most important groups of substances from a 
health point of view. The Committee is therefore pleased 
that the Commission has, inter alia, added an approved 
list of sun-protection agents to the list of preservatives 
proposed in the previous amendment. 
1.3. The Committee is of the opinion that specific 
products should not be referred to in the 'recitals', but 
only in the Articles of the Directive. 
1.4. The Committee points out that the reference to 
new rules and new findings must be understood along the 
lines set out in point 1.1 above. 
ir.5. The Committee asks the Commission to review 
/the dates on which the provisions set out in the parent 
/ Directive and its three amendments are to come into force 
^so that they are neither too far apart not too close 
together. It is also particularly important for the Directive 
to provide precise information for manufacturers and 
users alike. 
No C 310/6 Official Journal of the European Communities 30. 11. 81 
2. Specific comments 
Article 3 
2.1. The Committee has reservations over Article 
3.2, and the footnotes in respect of Articles 3 and 4, 
dealing with the concept of insolubility. Whilst agreeing 
that a method should be established without delay, it 
proposes that these footnotes read as follows: 'The 
following shall also be permitted: the barium, strontium 
and zirconium lakes or salts of these colouring agents, 
insoluble in 0* IN hydrochloric acid at 37°C. A method 
for assessing insolubility will be determined as provided 
for in Article 8.' 
Article 7 
2.2. In Article 7, paragraphs 'g' and 'h', the words 'as 
defined in the preamble to Annex VII' should be added 
after 'sunscreen agents'. 
Article 9 (1) 
2.3. The Committee accepts the concept of minimum 
durability and the words 'best used before'. It does, 
however, urge that the reference to Article 2 of Directive 
76/768/EEC be expanded to quote the exact terms of the 
Article ('that is to say they must not be liable to cause 
damage to human health when they are applied under 
normal conditions of use'). 
Done at Brussels, 23 September 1981. 2.4. The Committee considers that the term 'specific 
characteristics' should be replaced by 'primary function' 
which includes the necessary specific characteristics. 
Article 9 (2) 
2.5. The Committee thinks that the recommendation 
contained in Article 9 (2) is an improvement on the 
original provisions. It is, however, much more important 
for consumers that, if a product is in some way 
dangerous, the manufacturer launches a publicity 
campaign to ensure that all the potentially dangerous 
products are withdrawn from the market. This has 
always been done in the past. 
2.6. As regards the question of marking weights of less 
than 5 g, individual doses/portions and free samples, the 
Committee asks the Commission to continue its studies 
into this matter in order to reach a- satisfactory 
solution. 
Article 10 
2.7. The Committee asks the Commission to review 
the drafting of the following passage: 
'. . . neither manufacturers nor importers established 
in the Community shall place at the disposal of third 
parties products which do not meet the requirements 
of this Directive.' 
The aim is to clarify the concept of placing on the market, 
which the Committee understands as referring only to the 
EEC domestic market. 
The Chairman 
of the 
Economic and Social Committee 
Tomas ROSEINGRAVE