2. 4. 80 Official  Journal  of the European  Communities No C 83/7 
3.3. The  Committee  would  not  favour  any 
amended  proposals  to those  submitted  which  would 
have  the  effect  of enlarging  the  geographical  areas 
determined  in these  measures.  Such  action  could 
defeat  the  concept  of 'quota-free'  assistance,  as 
being  revealed  in these  first  proposals,  given  the 
amount  of the funds  available. 
3.4. The  Commission  has  the  responsibility  of 
making  the selection  of future  action  measures  and 
has an obligation  to ensure  that  those  selected  will 
satisfy  a real  need  in the area  concerned  and  that  the 
measures  and  sites  are  so chosen  that  they  will  be 
fully  effective  in assisting  the deprived  region.  The enthusiasm  for  this  section  of European  Regional 
Development  Fund  assistance  will  evaporate  unless 
the selected  actions  are  seen  to have  a direct  and 
sustaining  impact  on the area  chosen. 
3.5. The  Committee  welcomes  this  major  departure 
from  the  previous  operation  of European  Regional 
Development  policy  and  which  aims  to offset 
adverse  effects  of Community  policies.  The  percen-
tage  share  of the  Quota-Free  Section,  within  the 
total  European  Regional  Development  Fund,  there-
fore,  should  be progressively  raised  each  year  in 
order  to increase  the  number  of specific  measures 
and to make  them  more  effective. 
Done  at Brussels,  13 December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANNI 
Opinion  on the  proposal  for  a Council  Directive  amending  for  the  first  time  Council 
Directive  76/768/EEC  of 27 July  1976  on the approximation  of the laws  of the Member 
States  relating  to cosmetic  products 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the Euro-
pean  Communities  No  C 165  of 2 July  1979,  page  52. 
A LEGAL  BASIS  FOR  THE  OPINION 
On 7 June  1979  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 
174th  plenary  session  held  in Brussels  on 12 and  13 December  1979. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  Treaty  establishing  the  Euro-
pean  Economic  Community,  and  in particular  Arti-
cle 100  thereof, Having  regard  to the  request  made  by the  Council 
of the European  Communities  on 7 June  1979  for an 
opinion, 
Having  regard  to the  decision  taken  by its Bureau 
No C 83/8 Official  Journal  of the European  Communities 2. 4. 80 
on 26 June  1979  instructing  the Section  for Industry, 
Commerce,  Crafts  and  Services  to draw  up an opin-
ion and  a report  on the matter, 
Having  regard  to the opinion  issued  by the Section 
for Industry,  Commerce,  Crafts  and  Services  at its 
meeting  held  on 28 November  1979, 
Having  regard  to the report  submitted  by the rappor-
teur,  Mr Masprone, 
Having  regard  to the discussions  at its 174th  plenary 
session  held  on 12 December  1979, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously,  with  one  abstention: 
1. The  Committee  welcomes  the  amendments 
which  the Commission  is proposing  be made  to the 
basic  Directive  of 27 July  1976.  These  amendments 
represent  an initial  move  in the direction  advocated 
by the  Committee  in its previous  opinion  on this 
subject.  In this  opinion  the  Committee  asked  the 
Commission  to start  immediately  to build  up an 
approved  list  by  stages,  starting  with  whatever 
groups  of substances  seemed  most  important  from 
the point  of view  of health. 
2. The  Committee  is in agreeement  with  the  fact 
that the Directive  permits  certain  preservatives  to be 
used  in higher  concentrations  for  purposes  other 
than  preservation.  This  is an inevitable  consequence 
of the existence  of incomplete  approved  lists.  Pend-
ing the  establishment  of a complete  approved  list 
consumers  are fully  protected  by the fact  that  manu-
facturers  must  comply  with  Article  2 of the Directive 
of 27 July  1976  which  stipulates  that:  'cosmetic  pro-
ducts  put on the market  within  the Community  must 
not be liable  to cause  damage  to human  health 
when  they  are  applied  under  normal  conditions  of 
use'. 
3. The  Committee  considers  that  the clause  in Arti-
cle 7 (2) which  permits  the presence  of traces  of the 
substances  listed  in Annex  II appears  to be neces-
sary.  The  conditions  governing  the  presence  of these  traces  are that  such  a presence  is 'technically 
unavoidable  when  correct  manufacturing  techniques 
are used  and  that  it conforms  with  Article  2 of the 
Directive  of 27 July  1976'  (quoted  above).  These 
conditions  would  seem  to be the best  possible  bear-
ing in mind  that  the Directive  states  that  cosmetics 
must  not  contain  substances  listed  in Annex  II 
although  the  idea  had  been  that  these  substances 
must  not  be used  in the  manufacture  of cosmetics. 
The Committee  does,  however,  regard  it as impor-
tant that  the Commission  stand  by the commitment 
to propose  maximum  concentrations  for  at least 
some  of these  substances  before  31 December  1982, 
provided  that  manufacturers  be allowed  a reason-
able period  to adjust  to these  new  provisions. 
4. The  Committee  appreciates  the  fact  that  the 
Commission  has  managed  to reduce  the list of tem-
porarily  authorized  substances  (Annex  IV,  Part  I) 
from  33 to four  by reclassifying  these  substances  in 
the other  Annexes.  The  Committee  regrets  that  no 
solution  has  been  found  in respect  of methanol  as it 
has not  yet  been  possible  to align  the  duties  on 
alcohol  in the  EEC,  methanol  being  used  as a de-
naturant  in some  Member  States. 
5. The  proposal  that  the Commission  should  adapt 
the Annexes,  after  consulting  the  Committee  on 
Adaptation  of Directives  to Technical  Progress, 
meets  the wish  expressed  repeatedly  by the Commit-
tee. Representatives  of consumers  and  other  inter-
ested  parties  should  be able  to take  part  in the Com-
mittee's  meetings  at the invitation  of the Committee. 
The chairman  of the  Committee  should  be able  to 
ask these  representatives  to submit  opinions  on the 
draft  documents. 
At all events,  the  Committee  urges  that  consulta-
tions  between  the Commission's  working  party  and 
the interested  groups,  i.e. manufacturers  and  consu-
mers,  continue  to be held  prior  to the submission  of 
any new  proposed  amendments  to the  Council  or 
the Adaptation  Committee. 
6. The  Committee  proposes  that  Article  11 include 
a provision  allowing  the industries  three  years  after 
notification  of the  Directive  in which  to comply 
with  the new  provisions. 
Done  at Brussels,  12 December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANNI