WRITTEN QUESTION P-0860/04 by Eluned Morgan (PSE) to the Commission. The Constitution and funding.
Date: 2004-03-15
Institutions: European Parliament, Provisional data
Subjects: EU aid, EU financing, European Union membership, autonomous movement, economic and social cohesion, national independence

C 84 E/688

Official Journal of the European Union

EN

3.4.2004

Answer given by Mr Liikanen on behalf of the Commission

(15 April 2004)

In 2003 the Commission, together with Member States and representatives of both consumers and
industry, discussed a strategy for the systematic evaluation of hair dyes. The strategy was agreed on July
2003 and published on the web-site of the Commission, (Enterprise Directorate-General (DG)) (1). The main
element of the strategy is a tiered, modulated approach requiring industry to submit by certain deadlines
safety dossiers on hair dyes to be evaluated by the Scientific Committee on Cosmetic Products and Non-
Food Products intended for Consumers (SCCNFP). The overall objective of this strategy is to regulate the
use of substances as hair dye ingredients on the basis of the most recent scientific evaluation of safety
dossiers.

These dossiers must conform to the ‘Notes of Guidance for testing of cosmetic ingredients for their safety
evaluation’. The 5th revision of these notes was adopted on 20 October 2003 and was published on the
web-site of the Commission, (Health and Consumer Safety DG) (2). The basic toxicological requirements
include data requirement on skin sensitization and on genotoxicity/mutagenicity.
In its ‘Assessment
Strategies for Hair Dyes’ the SCCNFP recommended that ‘in particular, for the risk assessment of hair dyes,
the following must be submitted: … data on genotoxicity (cid:1) the studies must be consistent with
internationally accepted guidelines (Organization for Economic Cooperation and Development (OECD),
EU) and/or with modern testing strategies …’

This strategy received a wide consensus between Member States, consumers and industry represented in
the Cosmetics Working Party and should eventually lead to the setting up of a positive list for hair-dyes.

In relation to concrete measures already being taken, the Commission refers as well to the reply given
recently in relation to the Written Question E-0391/04 by Mr De Roo (3).

Article 7a of the Cosmetics Directive 76/768/EEC (4) stipulates that the manufacturer or importer of a
cosmetic product should keep information on their cosmetic products readily accessible for the competent
control authorities of the Member States. This information includes the assessment of the safety for human
health of the finished product as well as existing data on undesirable effects on human health resulting
from use of the cosmetic products. Allergies are included in this category. Further to the adoption of the
to the Cosmetics Directive 2003/15/EC (5)
7th amendment
this information should be made ‘easily
accessible to the public by any appropriate means, including electronic means’.

In view of strengthening the competitiveness of the cosmetic sector and improving consumer safety, the
Commission will carry out an analysis of the current situation of the sector and the application of the
legislation.

(1) http://pharmacos.eudra.org/F3/cosmetic/doc/HairDyeStrategyInternet.pdf
(2) http://europa.eu.int/comm/health/ph_risk/committees/sccp/documents/out242_en.pdf
(3) See page 386.
(4) 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.

(5) Directive 2003/15/EC of the Parliament and of the Council of 27 February 2003 amending Council Directive 76/

768/EEC, OJ L 66, 11.3.2003.

(2004/C 84 E/0774)

WRITTEN QUESTION P-0860/04

by Eluned Morgan (PSE) to the Commission

(15 March 2004)

Subject: The Constitution and funding

In your answer to my Written Question P-0524/04 (1), you detail the constitutional position of a region of
the current EU, if it were to become a fully independent state. Could you clarify the position of such a
state, in relation to EU funding?

3.4.2004

EN

Official Journal of the European Union

C 84 E/689

Specifically, if a region within the EU were to become an independent state (therefore outside of the EU),
what would happen to the European funding it had been receiving? Would the funding stop immediately,
or would it continue to the end of the funding programme, for example the 2000-2006 Structural Funds
programme?

What EU funds would a newly independent state be eligible for?

(1) See page 421.

Answer given by Mr Fischler on behalf of the Commission

(22 April 2004)

If part of the territory of a Member State ceases to be part of that State, for example, because that territory
becomes an independent state, it would no longer covered by the Treaty of accession. Accordingly, the
EC Treaty will no longer apply to that territory, including Article 158.

Article 158 of the EC Treaty states that the Community shall aim at strengthening its economic and social
cohesion. Article 159 provides for that action to be supported through the Structural Funds. This article
clearly rules out the use of the Structural Funds outside the territory of the European Union.

The principal
instruments for Community support for countries outside the Union are found under
Heading 4 of the budget, ‘External Action’, or, in the case of aid to candidate countries, under Heading 7,
‘Pre-accession instruments’.

(2004/C 84 E/0775)

WRITTEN QUESTION P-0870/04

by Wolfgang Ilgenfritz (NI) to the Commission

Subject: Work permits for workers contracted out in Italy

(15 March 2004)

An Austrian firm contracts out workers, the majority of whom are from Austria or the other current
Member States of the EU, to companies in the EU, including some in the South Tyrol. The authorities in
the South Tyrol have pointed out on numerous occasions that workers from Austria and the rest of the EU
require work permits. This decision is impeding the activities of the firm concerned.

Is it possible that work permits are required in Italy on the basis of existing transitional

1.
arrangements, for example?

2.

Or are the Italian authorities in breach of the law by impeding the activities of the Austrian firm?

Answer given by Mr Dimas on behalf of the Commission

(19 April 2004)

the Parliament and of

Article 3(1)(d) of Directive 96/71/EC of
the Council of 16 December 1996
concerning the posting of workers in the framework of the provision of services (1) obliges Member States
to ensure that undertakings which,
in the framework of the transnational provision of services, post
workers to their territory, respect the conditions of the hiring-out of workers laid down in its legislation.
With regard to their content, these rules have to be motivated by the protection of workers or other
overriding requirements relating to the public interest, appropriate for securing the attainment of the
objective which they pursue and not going beyond what is necessary in order to attain this objective.