Commission Directive 2005/52/EC of 9 September 2005 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annex III thereto to technical progress   (Text with EEA relevance)
Date: 2005-09-09
Institutions: European Commission
Subjects: European standard, application of EU law, consumer protection, cosmetic product, dyestuffs industry, product safety

10.9.2005

EN

Official Journal of the European Union

L 234/9

COMMISSION DIRECTIVE 2005/52/EC

of 9 September 2005

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

for the purposes of

adapting Annex III thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

(5)

(6)

their provisional
before 31 August 2006. Therefore,
use in cosmetic products under
the restrictions and
conditions laid down in Annex III, Part 2 should be
prolonged until 31 August 2006.

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

Whereas:

HAS ADOPTED THIS DIRECTIVE:

(1)

(2)

(3)

(4)

Commission Directive 2004/87/EC of 7 September 2004
amending Council Directive 76/768/EEC, concerning
cosmetic products, for the purpose of adapting Annex
III
thereto to technical progress, extended until 31
December 2005 the provisional use of sixty hair dyes
to Directive
listed in Part 2 of
76/768/EEC under the reference numbers 1 to 60 (2).

the Annex III

According to the hair dye strategy, published in the
internet, it was agreed with the Member States and stake-
holders that the date of July 2005 would be appropriate
for
the presentation to the Scientific Committee on
Consumer Products (SCCP) of the additional information
on the above hair dyes.

Additional information concerning 38 hair dyes listed in
Annex III, Part 2 of Directive 76/768/EEC has been
submitted by the industry. This information has to be
evaluated by the SCCP. Definitive regulation of those hair
dyes, on the basis of such evaluations, and its implemen-
tation into the laws of Member States will not be
possible before 31 December 2006. Therefore,
their
the
under
provisional
restrictions and conditions laid down in Annex III, Part
2 should be prolonged until 31 December 2006.

in cosmetic products

use

For 22 hair dyes listed in Annex III, Part 2 of Directive
76/768/EEC such additional
information has not been
submitted. Definitive regulation of those hair dyes will
be considered after the appropriate procedures are carried
out. Such definitive regulation and its implementation
into the laws of Member States will not be possible

Article 1

Part 2, column g of the Annex III to Directive 76/768/EEC is
amended as follows:

1. for reference numbers 1, 2, 8, 13, 15, 17, 23, 30, 34, 40,
41, 42, 43, 45, 46, 51, 52, 53, 54, 57, 59 and 60,
‘31.12.2005’ is replaced by ‘31.08.2006’;

2. for reference numbers 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16,
18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 31, 32, 33, 35,
36, 37, 38, 39, 44, 47, 48, 49, 50, 55, 56 and 58,
‘31.12.2005’ is replaced by ‘31.12.2006’.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 1 January 2006 at
latest. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

the

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.

(1) OJ L 262, 27.9.1976, p. 169. Directive as last amended by Directive

2005/42/EC (OJ L 158, 20.6.2005, p. 17).

(2) OJ L 287, 8.9.2004, p. 4.

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

L 234/10

EN

Official Journal of the European Union

10.9.2005

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

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 9 September 2005.

For the Commission

Günter VERHEUGEN
Vice-President