Commission Directive 2005/9/EC of 28 January 2005 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annex VII thereto to technical progressText with EEA relevance
Date: 2005-01-28
Institutions: European Commission
Subjects: acid, consumer protection, cosmetic product, product safety, technical regulations

L 27/46

EN

Official Journal of the European Union

29.1.2005

COMMISSION DIRECTIVE 2005/9/EC

of 28 January 2005

amending Council Directive 76/768/EEC, concerning cosmetic products,

for the purposes of

adapting Annex VII thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 28 July 2005 at the latest. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

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

2. Member States shall communicate to the Commission the
text of the main provisions of the national
law which they
adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 28 January 2005.

For the Commission

Günter VERHEUGEN
Vice-President

Having regard to the Treaty
Community,

establishing the European

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), and in particular Article 8(2) thereof,

After consulting the Scientific Committee on Cosmetic Products
and Non-food Products intended for Consumers,

Whereas:

(1)

(2)

(3)

(4)

Part 1 of Annex VII to Directive 76/768/EEC establishes
a list of UV filters which cosmetic products may contain.

The Scientific Committee on Cosmetic Products and
Non-food Products intended for consumers is of
the
opinion that the use of benzoic acid, 2-[4-(diethylamino)
-2-hydroxybenzoyl]-, hexylester up to 10 % in sunscreen
products, alone or
in combination with other UV
absorbers,
safe. Consequently, benzoic acid, 2-[4-
(diethylamino)-2-hydroxybenzoyl]-, hexylester should be
included in Part 1 of Annex VII to Directive 76/768/EEC
as reference number 28.

is

Directive 76/768/EEC should therefore be amended
accordingly.

The measures provided for
accordance with
opinion
Committee on Cosmetic Products,

the

in this Directive are in
Standing
the

of

HAS ADOPTED THIS DIRECTIVE:

Article 1

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

(1) OJ L 262, 27.9.1976, p. 169. Directive as last amended by
Commission Directive 2004/93/EC (OJ L 300, 25.9.2004, p. 13).

29.1.2005

EN

Official Journal of the European Union

L 27/47

In Part 1 of Annex VII to Directive 76/768/EEC, the following reference number 28 is added:

ANNEX

Reference No

Substances

Maximum authorised
concentration

Other limitations and
requirements

Conditions of use and
warnings which must be
printed on the label

a

‘28

b

c

d

e

10 % in sunscreen
products’

Benzoic acid, 2-[-4-(diethy-
lamino)-2-hydroxybenzoyl]-,
hexylester

(INCI name: Diethylamino
Hydroxybenzoyl Hexyl
Benzoate;

CAS No 302776-68-7)