Commission Directive 2003/1/EC of 6 January 2003 adapting to technical progress Annex II to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (Text with EEA relevance)
Date: 2003-01-06
Institutions: European Commission
Subjects: approximation of laws, consumer protection, cosmetic product, marketing, product safety

L 5/14

EN

Official Journal of the European Communities

10.1.2003

COMMISSION DIRECTIVE 2003/1/EC

of 6 January 2003

adapting to technical progress Annex II to Council Directive 76/768/EEC on the approximation of
the laws of the Member States relating to cosmetic products

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Directive 76/768/EEC should be amended accordingly.

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 76/768/EEC of 27 July
1976 on the approximation of the laws of the Member States
relating to cosmetic products (1), as last amended by Commis-
sion Directive 2002/34/EC (2), and in particular Article 8(2)
thereof,

After consulting the Scientific Committee on Cosmetic Products
and Non-Food Products intended for consumers,

(5)

(6)

Given the specific nature of
the
Member States must be able to take the measures
provided for in this Directive without having to wait for
the final date specified.

the risk materials,

The measures provided for in this Directive are in accor-
dance with the opinion of the Committee on the Adap-
tation to Technical Progress of the Directives on the
Removal of Technical Barriers to Trade in the Cosmetic
Products Sector,

Whereas:

(1)

(2)

(3)

the list of

Reference number 419 of Annex II to Directive 76/768/
substances which
EEC which contains
cosmetic products must not contain is currently aligned
to Commission Decision 97/534/EC of 30 July 1997 on
the prohibition of the use of material presenting risks as
regards transmissible spongiform encephalopathies (3).
That Decision has been repealed by Commission Deci-
sion 2000/418/EC of 29 June 2000 regulating the use of
material presenting risks as regards transmissible spongi-
form encephalopathies and amending Decision 94/474/
EC (4). With regard to the opinion of
the Scientific
and Non-Food
Committee on Cosmetic
Products intended for consumers (SCCNFP) it is appro-
priate to align Reference number 419 of Annex II to
Directive 76/768/EEC to Regulation (EC) No 999/2001
of the European Parliament and of the Council of 22
May 2001 laying down rules for the prevention, control
and eradication of certain transmissible spongiform
encephalopathies (5), as last amended by Commission
Regulation (EC) No 270/2002 (6).

Products

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex II to Directive 76/768/EEC is amended in accordance
with the Annex to this Directive.

Article 2

1. Member States shall take all necessary measures to ensure
that from 15 April 2003 at the latest no cosmetic products
which fail to comply with this Directive are placed on the
market by Community manufacturers or by importers estab-
lished within the Community.

A reference to specified risk materials as designated in
Annex V to Regulation (EC) No 999/2001, should be
inserted into Reference number 419 of Annex II to
Directive 76/768/EEC.

2. Member States shall take all measures necessary to ensure
that the products referred to in paragraph 1 are not sold or
disposed of to the final consumer after 15 April 2003 at the
latest.

It follows from Article 22(1) of Regulation (EC) No 999/
2001, however, that the provisions of Annex XI Part A
of that Regulation apply until the date of the adoption
of a decision after which Article 8 of that Regulation
and Annex V to it become applicable. Therefore, Refer-
ence number 419 of Annex II to Directive 76/768/EEC
should also refer to Annex XI Part A of Regulation (EC)
No 999/2001.

(1) OJ L 262, 27.9.1976, p. 169.
(2) OJ L 102, 18.4.2002, p. 19.
(3) OJ L 216, 8.8.1997, p. 95.
(4) OJ L 158, 30.6.2000, p. 76.
(5) OJ L 147, 31.5.2001, p. 1.
(6) OJ L 45, 15.2.2002, p. 4.

Article 3

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 15 April 2003 at the latest. They shall forthwith inform
the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

10.1.2003

EN

Official Journal of the European Communities

L 5/15

This Directive shall enter into force on the third day following that of its publication in the Official Journal
of the European Communities.

Article 4

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 6 January 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission

ANNEX

In Reference number 419 of Annex II to Council Directive 76/768/EEC the sentences

‘(a) the skull, including the brain and eyes, tonsils and spinal cord of:

— bovine animals aged 12 months,

— ovine and caprine animals which are aged over 12 months or have a permanent incissor tooth erupted

through the gum;

(b) the spleens of ovine and caprine animals and ingredients therefrom.’

are replaced by thesentences:

‘From the date referred to in Article 22(1) of Regulation (EC) No 999/2001 of the European Parliament and of the
Council (*), the specified risk materials as designated in Annex V to that Regulation, and ingredients derived there-
from.

Until that date, the specified risk materials as designated in Annex XI Part A to Regulation (EC) No 999/2001, and
ingredients derived therefrom.

(*) OJ L 147, 31.5.2001, p. 1.’