1.4.87 Official Journal of the European Communities No C 86/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending for the fourth time Directive 76/768/EEC on the 
approximation of the laws of the Member States relating to cosmetic products 
COM(87) 74 final 
(Submitted by the Commission to the Council on 6 March 1987) 
(87/C 86/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the successive amendments made to the 
Annexes to Council Directive 76/768/EEC ('), as last 
amended by Directive 137/87/EEC (2), require the 
provisions of the Directive to be adopted; 
Whereas experience gained since the adoption of 
Directive 76/768/EEC has shown that the provisions on 
labelling should be improved and that the period laid 
down in Article 12 (2) is inadequate, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 76/768/EEC is hereby amended as follows: 
1. In Article 1, paragraph 3 is replaced by: 
'3. Cosmetic products containing one of the sub­
stances listed in Annex V are excluded from the scope 
of this Directive. Member States may take such 
measures as they deem necessary with regard to those 
products'; 
2. In Article 4 (c) and (d) are replaced by the following: 
'(c) colouring agents other than those listed in Annex 
IV, Part 1, with the exception of cosmetic products containing colouring agents intended 
solely to colour hair; 
(d) colouring agents listed in Annex IV, Part 1, used 
outside the conditions laid down, with the 
exception of cosmetic products containing 
colouring agents intended solely to colour hair;' 
3. Article 5 is amended as follows: 
(a) in the first paragraph: 
(i) (a) und (b) are replaced by: 
'(a) the substances listed in Annex III, Part 
2, within the limits and under the 
conditions laid down, up to the dates in 
column (g) of that Annex; 
(b) the colouring agents listed in Annex IV, Part 
2, within the limits and under the conditions 
laid down, until the dates given in that 
Annex;' 
(ii) (c) is deleted; 
(iii) (d) is replaced by: 
'(d) the preservatives listed in Annex VI, Part 
2, within the limits and under the 
conditions laid down, until the dates 
given in column (f) of that Annex; 
however, some of these substances may 
be used in other concentrations for 
specific purposes apparent from the pres­
entation of the product;' 
(b) the second paragraph is deleted. 
4. Article 6 is replaced by the following: 
Article 6 
C) OJ No L 262, 27. 9. 1976, p. 169. 1- Member States shall take all measures necessary 
(2) OJ No L 56, 26. 2. 1987. to ensure that cosmetic products may be marketed 
No C 86/4 Official Journal of the European Communities 1.4.87 
only if the container and packaging bear the 
following information in indelible, easily legible and 
visible lettering: 
(a) the name or style and the address or registered 
office of the manufacturer or the person 
responsible for marketing the cosmetic product 
who is established within the Community. Such 
information may be abbreviated in so far as the 
abbreviation makes it generally possible to 
identify the undertaking. Member States may 
require that the country of origin be specified for 
goods manufactured outside the Community; 
(b) the nominal content at the time of packaging, 
except in the case of packaging containing not 
more than 5 grams or 5 millilitres, free samples, 
single-application packs and products normally 
sold separately, for which details of weight or 
volume are not significant, the nominal content 
need appear only on the packaging; 
(c) the date of minimum durability. The date of 
minimum durability of a cosmetic product shall be 
the date until which this product, under appro­
priate conditions of storage, continues to fulfil its 
initial function and, in particular, remains in 
conformity with Article 2. 
The date of minimum durability shall be indicated 
by the words: 'best used before the end of. . .' 
followed by either: 
— the date itself, or 
— details of where the date appears on the 
packaging. 
If necessary, this information shall be 
supplemented by an indication of the conditions 
which must be satisfied to guarantee the specified 
durability. 
The date shall be uncoded and shall consist of the 
month and the year in that order. Indication of 
the date of durability shall not be mandatory for 
cosmetic products whose minimum durability 
exceeds 30 months; 
(d) the conditions of use and warnings which must be 
printed on the label listed in Annexes III, IV, VI 
and VII, where this is impossible for practical 
reasons, this information must appear on an 
enclosed leaflet, with abbreviated information on 
the container and the packaging referring the 
consumer to the information specified; 
(e) the batch number of manufacture or the reference 
for identifying the goods; where this is impossible 
for practical reasons because the cosmetic articles 
are too small, such information need appear only on the packaging. However, any other means 
allowing simple identification of manufacture 
shall also be permitted (e.g. coding using notches, 
marking with ink visible in UV light, etc.). 
2. For cosmetic products that are not prepackaged, 
are packaged at the point of sale at the purchaser's 
request, or are prepackaged for immediate sale, the 
Member States shall adopt provisions for indication of 
the particulars referred to in paragraph 1. 
3. Member States shall take all measures necessary 
to ensure that, in the labelling, putting up for sale and 
advertising of cosmetic products, text, names, marks, 
pictures and figurative or other signs are not used to 
imply that these products have characteristics which 
they do not have. 
5. Article 12 (2) is replaced by: 
'2. The Commission shall as soon as possible 
consult the Member States concerned, following 
which it shall deliver its opinion without delay and 
take the appropriate steps.' 
6. Annex III, Part 2, becomes Annex IV, Part 1. 
7. Annex IV, Part 1, becomes Annex III, Part 2. 
Article 2 
1. Member States shall take all necessary measures to 
ensure that as from 1 January 1992 neither manufac­
turers nor importers established in the Community place 
on the market products whose labelling does not satisfy 
the requirements of this Directive. 
2. Member States shall take all 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 1993. 
Article 3 
1. Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive not later than 31 December 1989 and 
shall forthwith inform the Commission thereof. 
2. Member States shall communicate the text of the 
provisions of national law whicK they adopt in the field 
governed by this Directive to the Commission. 
Article 4 
This Directive is addressed to the Member States.