CELEX: 51987PC0074
Language: en
Date: 1987-02-27
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE FOURTH TIME DIRECTIVE 76/768/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COSMETIC PRODUCTS

1.4.87                                    Official Journal of the European Communities                                  N o C 86/3
                                                                 II
                                                         (Preparatory Acts)
                                                    COMMISSION
                Proposal for a Council Directive amending for the fourth time Directive 76/768/EEC on the
                         approximation of the laws of the Member States relating to cosmetic products
                                                         COM(87) 74 final
                                 (Submitted by the Commission to the Council on 6 March 1987)
                                                           (87/C 86/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                       products containing colouring agents intended
                                                                               solely to colour hair;
Having regard to the Treaty establishing European
Economic Community, and in particular Article 100                         (d) colouring agents listed in Annex IV, Part 1, used
thereof,                                                                       outside the conditions laid down, with the
                                                                               exception of cosmetic products containing
Having regard to the proposal from the Commission,                             colouring agents intended solely to colour hair;'
Having regard to the opinion of the European Par-
                                                                     3. Article 5 is amended as follows:
liament,
Having regard to the opinion of the Economic and                         (a) in the first paragraph:
Social Committee,
                                                                                (i) (a) und (b) are replaced by:
Whereas the successive amendments made to the                                       '(a) the substances listed in Annex III, Part
Annexes to Council Directive 76/768/EEC ('), as last                                      2, within the limits and under the
amended by Directive 137/87/EEC (2), require the                                          conditions laid down, up to the dates in
provisions of the Directive to be adopted;                                                column (g) of that Annex;
                                                                               (b) the colouring agents listed in Annex IV, Part
Whereas experience gained since the adoption of                                     2, within the limits and under the conditions
 Directive 76/768/EEC has shown that the provisions on                              laid down, until the dates given in that
 labelling should be improved and that the period laid                              Annex;'
 down in Article 12 (2) is inadequate,
                                                                               (ii) (c) is deleted;
 HAS ADOPTED THIS DIRECTIVE:
                                                                              (iii) (d) is replaced by:
                            Article 1                                               '(d) the preservatives listed in Annex VI, Part
 Directive 76/768/EEC is hereby amended as follows:                                       2, within the limits and under the
                                                                                          conditions laid down, until the dates
                                                                                          given in column (f) of that Annex;
  1. In Article 1, paragraph 3 is replaced by:
                                                                                          however, some of these substances may
                                                                                          be used in other concentrations for
      '3.   Cosmetic products containing one of the sub-                                  specific purposes apparent from the pres-
      stances listed in Annex V are excluded from the scope                               entation of the product;'
      of this Directive. Member States may take such
      measures as they deem necessary with regard to those
      products';                                                          (b) the second paragraph is deleted.
  2. In Article 4 (c) and (d) are replaced by the following:          4. Article 6 is replaced by the following:
      '(c) colouring agents other than those listed in Annex
           IV, Part 1, with the exception of cosmetic                      Article 6
  C) OJ No L 262, 27. 9. 1976, p. 169.                                     1-    Member States shall take all measures necessary
  (2) OJ No L 56, 26. 2. 1987.                                            to
                                                                              ensure that cosmetic products may be marketed
 ---pagebreak--- No C 86/4                              Official Journal of the European Communities                                      1.4.87
  only if the container and packaging bear the                             on the packaging. However, any other means
  following information in indelible, easily legible and                   allowing simple identification of manufacture
  visible lettering:                                                       shall also be permitted (e.g. coding using notches,
                                                                           marking with ink visible in UV light, etc.).
  (a) the name or style and the address or registered
       office of the manufacturer or the person                       2.    For cosmetic products that are not prepackaged,
       responsible for marketing the cosmetic product                 are packaged at the point of sale at the purchaser's
       who is established within the Community. Such                  request, or are prepackaged for immediate sale, the
       information may be abbreviated in so far as the                Member States shall adopt provisions for indication of
       abbreviation makes it generally possible to                    the particulars referred to in paragraph 1.
       identify the undertaking. Member States may
       require that the country of origin be specified for            3.    Member States shall take all measures necessary
       goods manufactured outside the Community;                      to ensure that, in the labelling, putting up for sale and
  (b) the nominal content at the time of packaging,                   advertising of cosmetic products, text, names, marks,
       except in the case of packaging containing not                 pictures and figurative or other signs are not used to
       more than 5 grams or 5 millilitres, free samples,              imply that these products have characteristics which
       single-application packs and products normally                 they do not have.
       sold separately, for which details of weight or
       volume are not significant, the nominal content            5. Article 12 (2) is replaced by:
       need appear only on the packaging;
                                                                      '2.    The Commission shall as soon as possible
  (c) the date of minimum durability. The date of                     consult the Member States concerned, following
       minimum durability of a cosmetic product shall be              which it shall deliver its opinion without delay and
       the date until which this product, under appro-                take the appropriate steps.'
       priate conditions of storage, continues to fulfil its
       initial function and, in particular, remains in
       conformity with Article 2.                                 6. Annex III, Part 2, becomes Annex IV, Part 1.
       The date of minimum durability shall be indicated          7. Annex IV, Part 1, becomes Annex III, Part 2.
       by the words: 'best used before the end of. . .'
       followed by either:
                                                                                             Article 2
       — the date itself, or
                                                                   1.     Member States shall take all necessary measures to
       — details of where the date appears on the
                                                                  ensure that as from 1 January 1992 neither manufac-
            packaging.
                                                                  turers nor importers established in the Community place
       If     necessary,    this  information     shall   be      on the market products whose labelling does not satisfy
       supplemented by an indication of the conditions            the requirements of this Directive.
       which must be satisfied to guarantee the specified
       durability.                                                 2.     Member States shall take all necessary measures to
                                                                   ensure that the products referred to in paragraph 1 can
       The date shall be uncoded and shall consist of the          no longer be sold or disposed of to the final consumer
       month and the year in that order. Indication of             after 31 December 1993.
       the date of durability shall not be mandatory for
        cosmetic products whose minimum durability
                                                                                             Article 3
        exceeds 30 months;
   (d) the conditions of use and warnings which must be            1.     Member States shall bring into force the laws, regu-
        printed on the label listed in Annexes III, IV, VI         lations and administrative provisions necessary to comply
        and VII, where this is impossible for practical            with this Directive not later than 31 December 1989 and
        reasons, this information must appear on an                shall forthwith inform the Commission thereof.
        enclosed leaflet, with abbreviated information on
                                                                   2.     Member States shall communicate the text of the
        the container and the packaging referring the
                                                                   provisions of national law whicK they adopt in the field
        consumer to the information specified;
                                                                   governed by this Directive to the Commission.
   (e) the   batch number of manufacture or the reference
        for  identifying the goods; where this is impossible                                  Article 4
        for  practical reasons because the cosmetic articles
        are  too small, such information need appear only          This Directive is addressed to the Member States.