WRITTEN QUESTION E-3207/03 by Alexander de Roo (Verts/ALE) to the Commission. Peroxide in toothpaste.
Date: 2003-10-30
Institutions: European Parliament, Provisional data
Subjects: consumer protection, cosmetic product, health legislation, oxide, precautionary principle, public health

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Official Journal of the European Union

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27.3.2004

2. What action is being taken to ensure compliance with Article 5 of Directive 79/409/EEC (1) banning
the capture of all types of birds living in the wild, apart from those included on the list of birds, the
hunting of which is authorised?

Has this matter been brought to the attention of the enforcement group set up under Article 14 of
3.
Regulation (EC) No 338/97 (2) (CITES) which is responsible for ensuring implementation of the regulation?
Is Greece represented on this enforcement group? Is Article 8(1) of the regulation being enforced?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 61, 3.3.1997, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(19 December 2003)

The Commission informs the Honourable Member that, on the basis of a complaint (No 2003/4831)
regarding the issue by the Ministry of Agriculture of authorisations to collect and breed a number of Greek
wildlife species included in the Annex IV of Council Directive 92/43/EEC (1), it has opened a file in order to
examine if this practice complies with the obligations under Articles 12 and 16 of this Directive.

The complaint received was not referring to the capture of bird species, subsequently the complaint case
has not yet been related to Council Directive 79/409/EEC (2). However, the Commission will raise this
supplementary issue with the Greek authorities and, if authorisations to collect individuals of bird species
protected under Directive 79/409/EEC have been issued, an appropriate reference will be made. The
Commission would like to assure the Honourable Member that it will continue the investigation of the
complaint and will not hesitate to take all necessary measures needed to ensure that Greece acts in
conformity with Community Law.

With regard to the possibility of an infringement of Council Regulation (EC) No 338/97 (3)
(CITES),
Articles 5 and 8 of this Regulation allow commercial trade in the species included in Annexes A, B and C,
if these have been legally taken from the wild in the territory of a Member State. Consequently, any breach
of this Regulation would only arise in respect of such species listed in the Regulation (not other species)
and then only if it can be established that the Greek authorities issued permits for such species in defiance
of their own laws or of Council Directive 92/43/EEC.

The Commission will deal with this case through the standard complaints procedure and does not intend
to bring it to the attention of the enforcement group set up under Article 14(3) of Council Regulation (EC)
No 338/97. That group is not a compliance committee where complaints can be brought against Member
States for alleged infringements. It is, in fact, a forum for all Member States’ enforcement authorities (i.e.
police, customs etc.) to discuss and exchange information on technical matters of common concern so as
to improve enforcement of CITES Regulations.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.
(3) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by

regulating trade therein, OJ L 61, 3.3.1997.

(2004/C 78 E/0510)

WRITTEN QUESTION E-3207/03

by Alexander de Roo (Verts/ALE) to the Commission

(30 October 2003)

Subject: Peroxide in toothpaste

The Commission is planning to permit an increase in the concentration of peroxide in cosmetic products
from 0,1 % to 6 %, with a view to admitting new dental care products onto the market.

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Peroxide is inherently dangerous. For that reason, Japan and Brazil recently banned the use of peroxide in
this connection, especially since there are safe teeth-whitening alternatives not containing peroxide. The
American Dental Association also cautions against the use of products with a high concentration of
peroxide, which may damage teeth and cause gastric problems.

The World Health organisation is also concerned about the presence of peroxide in cosmetic products.

Does the Commission not think that, on the basis of the precautionary principle, an increase in the
concentration of peroxide is not conducive to (public) health?

Answer given by Mr Liikanen on behalf of the Commission

(1 December 2003)

One of the main objectives of Council Directive 76/768/EEC (1) is to protect public health. Therefore, the
Directive states as a general principle that only cosmetic products that do not cause damage to human
health can be put on the market (Article 2 of the Directive). To ensure this, measures have been taken, for
example certain ingredients must not form part of a cosmetic product (Annex II of the Directive) or certain
substances shall only be used up to a maximum concentration or under certain conditions of use (Annex
III of the Directive). Reference number 12 of Annex III regulates hydrogen peroxide, and other compounds
or mixtures that release hydrogen peroxide,
including carbamide peroxide and zinc peroxide in oral
hygiene products up to a maximum authorized concentration of 0,1 %.

The Scientific Committee on Cosmetic Products and Non-Food Products (SCCNFP) is mandated to give its
opinion on consumer health and safety issues in the field of cosmetics, based on scientific data. The
SCCNFP was asked by the Commission to evaluate, if higher concentrations of hydrogen peroxide and
other compounds releasing hydrogen peroxide are safe for use in tooth-whitening products. These
products are a different category of cosmetic products than oral hygiene products.

In its opinion adopted during the 21st plenary meeting of 17 September 2002, the SCCNFP stated that ‘the
content of hydrogen peroxide in tooth whitening products should not exceed 6 % (present or released)
with a limitation of maximum 50 mg hydrogen peroxide per day. The use of tooth whitening products is
not recommended prior to or immediately after dental restoration. Conditions such as pre-existing tissue
injury or concurrent use of tobacco and/or alcohol may exacerbate the toxic effects of hydrogen peroxide.
Overall evidence indicates that the proper use of tooth bleaching agents containing 0,1 to 6,0 % hydrogen
peroxide (or equivalent for hydrogen peroxide releasing substances) is safe if used under the supervision of
a dentist.’

Based on this opinion the Commission intends to take appropriate steps to adapt Annex III to Directive
76/768/EEC, accordingly.

(1) Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to

cosmetic products, OJ L 262, 27.9.1976.

(2004/C 78 E/0511)

WRITTEN QUESTION E-3212/03

by Stavros Xarchakos (PPE-DE) to the Commission

(30 October 2003)

Subject: British newspaper allegations regarding irregularities in connection with Commission funding

According to the British ‘Daily Telegraph’ newspaper of 24 September 2003, Mr Neil Kinnock,
Commission Vice-President, has received a letter informing him that the OLAF has uncovered irregularities