No C 296/10 Official Journal of the European Communities 24. 11. 89 
Re-examined Proposal for a Council Directive amending for the fifth time Directive 
76/768/EEC on the approximation of the laws of the Member States relating to cosmetic 
products (') 
COM(89) 537 final — SYN 139 
(Submitted by the Commission on 10 November pursuant to Article 149 (2) (d) of the EEC Treaty) 
(89/C 296/07) 
0) OJ No C 214, 16. 8. 1988, p. 16. 
COMMON POSITION OF THE COUNCIL RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE 
AMENDMENTS OF THE EUROPEAN PARLIAMENT ON SECOND 
READING OF 13 SEPTEMBER 1989 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 A 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Directive 76/768/EEC, as last amended by 
Directive 88/667/EEC, establishes, for the purposes of 
adapting technical requirements laid down by the 
Directive to technical progress, the procedure for close 
cooperation between the Member States and the 
Commission within a Committee on the adaptation to 
technical progress of the Directives on the removal of 
technical barriers to trade in the cosmetic products 
sector; Unchanged 
Whereas, in the case of Annexes III to VII, the 
procedure involving that Committee applies until 31 
December 1988; whereas the period during which the 
procedure applies should be extended indefinitely, Whereas, in the case of Annexes III to VII, the 
procedure involving that Committee applies until 31 
December 1988; 
Whereas experience has shown that there should be a 
procedure for rapidly adapting technical requirements 
laid down by the Directive to technical progress; 
whereas powers should therefore be conferred on the 
Commission to take action in this sector, with assistance 
from an Advisory Committee, 
24. 11. 89 Official Journal of the European Communities No C 296/11 
COMMON POSITION OF THE COUNCIL RE-EXAMINED PROPOSAL BY THE COMMISSION 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The second paragraph of Article 
76/768/EEC is deleted. 8 (2) of Directive HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 76/768/EEC is hereby amended as follows: 
1. The second paragraph of Article 8 (2) is deleted. 
2. Article 9 is replaced by the following: 
Article 9 
The Commission shall be assisted by an Advisory 
Committee on the Adaptation to Technical Progress 
of the Directives on the Removal of Technical 
Barriers to Trade in the Cosmetic Products Sector, 
hereinafter referred to as "the Committee", composed 
of representatives of the member States and chaired 
by a representative of the Commission.' 
3. Article 10 is replaced by the following: 
Article 10 
Where the procedure laid down in this Article is to be 
followed, the following provisions shall apply: 
The representative of the Commission shall submit to 
the Committee a draft of the measures to be taken. 
The Committee shall deliver its opinion on the draft, 
within the time limit which the chairman may lay 
down according to the urgency of the matter, if 
necessary by taking a vote 
The opinion shall be recorded in the minutes; in 
addition each Member State shall have the right to 
ask to have its position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the Committee. It shall inform 
the Committee of the manner in which its opinion has 
been taken into account.' 
Article 2 
This Directive is addressed to the Member States. Article 2 
Unchanged.