Commission Directive 2008/14/EC of 15 February 2008 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annex III thereto to technical progress (Text with EEA relevance)
Date: 2008-02-15
Institutions: European Commission
Subjects: approximation of laws, chemical product, consumer protection, cosmetic product, product safety, technological change

16.2.2008

EN

Official Journal of the European Union

L 42/43

DIRECTIVES

COMMISSION DIRECTIVE 2008/14/EC

of 15 February 2008

amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting
Annex III thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

which comply with the requirements laid down in this
Directive, it is necessary to provide for appropriate tran-
sitional periods.

Having regard to the Treaty
Community,

establishing the European

(5)

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,

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

the

in this Directive are in
Standing
the

of

as

of

classified

substances

the use in cosmetic
Directive 76/768/EEC prohibits
products
carcinogenic,
mutagenic or toxic for reproduction (hereinafter CMR),
of category 1, 2 and 3, under Annex I
to Council
Directive 67/548/EEC of 27 June 1967 on the appro-
ximation
administrative
regulations
provisions relating to the classification, packaging and
labelling of dangerous substances (2). However, the use
to
substances classified in category 3 pursuant
of
Directive 67/548/EEC may be
to
allowed subject
evaluation and approval by the Scientific Committee on
Consumer Products (SCCP).

laws,

and

of

In so far as the SCCP considers that glyoxal, a substance
to
classified as CMR of category 3 under Annex I
Directive 67/548/EEC represents a negligible risk when
present up to 100 ppm in cosmetic products, Annex III
to Directive 76/768/EEC needs
amended
accordingly.

be

to

HAS ADOPTED THIS DIRECTIVE:

Article 1

Part 1 of Annex III to Directive 76/768/EEC is amended in
accordance with the Annex to this Directive.

Article 2

Member States shall take all necessary measures to ensure that
products which fail to comply with this Directive are not sold
or disposed of to the final consumer after 16 February 2009.

Article 3

the latest,

1. Member States shall adopt and publish, by 16 August
2008 at
the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

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

They shall apply those provisions from 16 November 2008.

In order
existing formulae of cosmetic products

to ensure a smooth progression from the
to formulae

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
Commission Directive 2007/67/EC (OJ L 305, 23.11.2007, p. 22).
(2) OJ 196, 16.8.1967, p. 1. Directive as last amended by Directive
2006/121/EC of the European Parliament and of the Council (OJ
L 396, 30.12.2006, p. 850), as corrected by OJ L 136, 29.5.2007,
p. 281.

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.

Whereas:

(1)

(2)

(3)

(4)

L 42/44

EN

Official Journal of the European Union

16.2.2008

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

Article 4

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 15 February 2008.

For the Commission

Günter VERHEUGEN
Vice-President

ANNEX

In Part 1 of Annex III to Directive 76/768/EEC the following entry for glyoxal is added:

Reference
number

Substance

Field of application
and/or use

Restrictions

Maximum authorised
concentration in the
finished cosmetic
product

Other limitations and
requirements

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

a

‘102

b

c

d

e

f

Glyoxal
Glyoxal (INCI)
CAS No 107-22-2
EINECS No 203-474-9

100 mg/kg’