WRITTEN QUESTION P-3343/00

by Ursula Schleicher (PPE-DE) to the Commission

(18 October 2000)

Subject: L-cysteine from human hair

L-cysteine is an amino acid used in the manufacture of various cosmetics. L-cysteine itself is produced in a number of ways: by fermentation in Germany; by synthesis and biotransformation in Japan, using chicken feathers in France and by hydrolysis of human hair in China. The L-cysteine made from human hair is the cheapest.

Annex II to the cosmetics directive (76/768/EEC)(1) contains a list of substances that may not be used as ingredients for cosmetic products, including, under number 416: cells, tissue or products of human origin.

According to my information, the Commission plans to issue a derogation authorising the manufacture of L-cysteine from human hair.

1. Did the Commission take ethical aspects as well as scientific ones into account in its consideration of this derogation?

2. Does the Commission have information about the circumstances under which Chinese human hair is obtained?

3. Is production of L-cysteine from human hair envisaged in the European Community, or is the L-cysteine manufactured in this way to be imported from China?

(1) OJ L 262, 27.9.1976, p. 169.

Answer given by Mr Liikanen on behalf of the Commission

(28 November 2000)

The use of amino acids obtained from human hair as cosmetic ingredients was prohibited by Commission Directive 95/34/EC of 10 July 1995 adapting to technical progress Annexes II, II, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products(1) because that they were liable to transmit Creutzfeldt-Jakob disease, human spongiform encephalopathy and virus diseases. In its opinion adopted on 28 June 2000, the SCCNFP (Scientific committee on cosmetic products and non-food products) has suggested a modification of entry 416 of Annex II of Directive 76/768/EEC to allow the use of amino acids obtained by hydrolysis of human hair. Its safety assessment is based on the current scientific knowledge, taking into account the potential risk of transmission of Creutzfeldt-Jakob disease, human spongiform encephalopathy and viral diseases through the use of human hair to provide amino acids.

Therefore, the Commission is examining the possibility to modify through a Commission directive adapting to technical progress Directive 76/768/EEC entry 416 of Annex II as follows:

416. Cells, tissues or products of human origin. However, amino acids obtained by hydrolysis of human hair may be used provided that the following method has been used and certified by the producer: Hydrolysis with HCl (> 20 % throughout the whole process) for at least 6 hours at 100° C.

It should be stressed that Directive 76/768/EEC aims to ensure the free movement of cosmetic products within the Community while pursuing also the objective of the safeguarding of public health.

Concerning the circumstances under which Chinese hair is obtained, the Commission has been informed that the only economic source of human hair for amino-acid production is hairdressing shops. As for the production of L-cysteine from human hair, the Commission is not aware of any brand planning to introduce this process of manufacturing in the Community.

(1) OJ L 167, 18.7.1995.