CELEX: 51988PC0323
Language: en
Date: 1988-06-09
Title: AMENDED 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

16. 8. 88                                  Official Journal of the European Communities                                          No C 214/9
             These deliverables, as detailed in the Draft Workplan, will represent useful results in their own right. In addition
             the scope and orientation of the work has been chosen to prepare and facilitate future European collaboration in
             this domain independent of the framework in which this may be undertaken.
             Amendment to the proposal for a Council Directive amending for the third time Directive 75/726/
             EEC on the approximation of the laws of the Member States concerning fruit juices and certain
                                                            similar products
                                                           COM(88) 319 final
              (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty on 9 June 1988)
                                                             (88/C 214/03)
             Having regard to the opinion delivered by the European Parliament on 13 April 1988 with regard to
             the proposal submitted by the Commission to the Council for a Directive on the approximation of
             the laws of the Member States concerning fruit juices and certain similar products (*) and pursuant
             to Article 149(3) of the Treaty establishing the European Economic Community, the Commission
             has decided to amend the abovementioned proposal as follows:
             The fifth recital is hereby deleted.
             (!) OJ No C 24, 31. 1. 1987, p. 12.
             Amended 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(88) 323 final — SYN 84
                        (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty
                                                            on 15 June V.
                                                             (88/C 214/04)
             (!) OJ No C 86, 1. 4. 1987, p. 3.
                          INITIAL TEXT                                                                MODIFIED TEXT
Proposal for a Council Directive amending for the fourth                  Amended proposal for a Council Directive amending for
time Directive 76/768/EEC on the approximation of the                     the fourth time Directive 76/768/EEC
laws of the Member States relating to cosmetic products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European                     Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100                         Economic Community, and in particular Article 100A
thereof,                                                                  thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and Social
Committee,
 ---pagebreak---  No C 214/10                              Official Journal of the European Communities                                   16. 8. 88
                           INITIAL TEXT                                                      MODIFIED TEXT
 Whereas the successive amendments made to the Annexes
 to Directive 76/768/EEC ( ! ), as last amended by
 Directive ., require the provisions of the Directive to be
 adapted;
 Whereas experience gained since the adoption of Directive
 76/768/EEC has shown that the provisions on labelling
 should be improved and that the period laid down in
 Article 12(2) is inadequate,
 HAD ADOPTED THIS DIRECTIVE:
                            Article 1
Directive 76/768/EEC is hereby amended as follows:
 1. Article 1(3) is replaced by:
    '3. Cosmetic products containing one of the subst-
    ances listed in Annex V are excluded from the scope of
    this Directive. Member States may take such measures
    as they deem necessary with regard to those products;'
2. Article 4(c) and (d) are replaced by the following:
    '(c) colouring agents other than those listed in An-
         nex IV, Part 1, with the exception of cosmetic
         products containing colouring agents intended
         solely to colour hair;
    (d) colouring agents listed in Annex IV, Part 1, used
         outside the conditions laid down, with the excep-
         tion of cosmetic products containing colouring
         agents intended solely to colour hair;'
3. Article 5 is amended as follows:                                 3. Article 5 is replaced by the following:
    (a) In the first paragraph:                                        'Article 5
         (i)  (a) and (b) are replaced by:                             Member States shall accept the marketing of cosmetic
                                                                       products containing:
              '(a) the substances listed in Annex III, Part 2,              the substances listed in Annex III, Part 2, within the
                   within the limits and under the conditions               limits and under the conditions laid down, up to the
                   laid down, up to the dates in column (g) of              dates in column (g) of that Annex;
                   that Annex;
(!) OJ No L 262, 27. 9. 1976, p. 169.
 ---pagebreak--- 16. 8. 88                                Official Journal of the European Communities                            No C 214/11
                           INITIAL TEXT                                                     MODIFIED TEXT
              (b) the colouring agents listed in Annex IV,             (b) the colouring agents listed in Annex IV, Part 2,
                   Part 2, within the limits and under the                 within the limits and under the conditions laid
                   conditions laid down, until the dates given             down, until the dates given in that Annex;
                   in that Annex;'
              (c) is deleted;                                              the preservatives listed in Annex VI, Part 2, within
                                                                           the limits and under the conditions laid down, until
                                                                           the dates given in column (f) of that Annex;
                                                                           however, some of these substances may be used in
                                                                           other concentrations for specific purposes apparent
                                                                           from the presentation of the product;
        (iii) (d) is replaced by:                                      (d) the UV filters listed in Part 2 of Annex VII, within
                                                                           the limits and under the conditions laid down, until
                                                                           the dates given in column (f) of that Annex.
              '(d) the preservatives listed in Annex VI,
                    Part 2, within the limits and under the
                    conditions laid down, until the dates
                    given in column (f) of that Annex; how-
                    ever, some of these substances may be
                    used in other concentrations for specific
                    purposes apparent from the presentation
                    of the product;'
   (b) The second paragraph is deleted.                               At these dates, these substances, colouring agents,
                                                                      preservatives and UV filters shall be:
                                                                      — definitively accepted, or
                                                                      — definitively prohibited (Annex II), or
                                                                      — maintained for a given period in Part 2 of Anne-
                                                                          xes III, IV, VI and VII, or
                                                                      — deleted from all the Annexes.'
4. Article 6 is replaced by the following:
   'Article 6
   1. Member States shall take all measures necessary to
   ensure that cosmetic products may be marketed only if
   the container and packaging bear the following
   information in indelible, easily legible and visible
   lettering:
 ---pagebreak--- No C 214/12                            Official Journal of the European Communities                                    16. 8. 88
                          INITIAL TEXT
  (a) the name or style and the address or registered office
       of the manufacturer or the person responsible for
       marketing the cosmetic product who is established
       within the Community. Such information may be
       abbreviated in so far as the abbreviation makes it
       generally possible to identify the undertaking.
       Member States may require that the country of
       origin be specified for goods manufactured outside
       the Community;
  (b) the nominal content at the time of packaging,                  (b) the nominal content at the time of packaging, given
       except in the case of packaging containing not more               by weight or by volume, except in the case of
       than 5 g or 5 ml, free samples, single-application                packaging containing less than 5 grams or 5 millilit-
       packs and products normally sold separately, for                  res, free samples and single-application packs; for
       which details of weight or volume are not signifi-                prepackages normally sold as a number of items, for
       cant, the nominal content need appear only on the                 which details of weight or volume are not signific-
       packaging;                                                        ant, the content need not be given provided the
                                                                         number of items appears on the packaging. This
                                                                         information need not be given if the number of
                                                                         items is easy to see from the outside or if the product
                                                                         is normally only sold individually.
  (c) the date of minimum durability. The date of
      minimum durability of a cosmetic product shall be
      the date until which this product, under appropriate
      conditions of storage, continues to fulfil its initial
      function and, in particular, remains in conformity
      with Article 2.
      The date of minimum durability shall be indicated
      by the words: 'best used before the end of ...'
      followed by either:
      — the date itself, or
      — details of where the date appears on the
          packaging.
      If necessary, this information shall be supplemented
      by an indication of the conditions which must be
      satisfied to guarantee the specified durability.
      The date shall be uncoded and shall consist of the
      month and the year in that order. Indication of the
      date of durability shall not be mandatory for
      cosmetic products whose minimum durability
      exceeds 30 months;
 ---pagebreak--- 16. 8. 88                               Official Journal of the European Communities                            No C 214/13
                        INITIAL TEXT                                                       MODIFIED TEXT
   (d) the conditions of use and warnings which must be               (d) particular precautions to be observed in use, and
       printed on the label listed in Annexes III, IV, VI and             especially those listed in the column 'Conditions of
       VII; where this is impossible for practical reasons,               use and warnings which must be printed on the
       this information must appear on an enclosed leaflet,               label' in Annexes III, IV, VI and VII, which must
       with abbreviated information on the container and                  appear on the container, as well as any special
       the packaging referring the consumer to the                        precautionary information on cosmetic products
       information specified;                                             for professional use, in particular in hairdressing.
                                                                          Where this is impossible for practical reasons, this
                                                                          information must appear on an enclosed leaflet,
                                                                          with abbreviated information on the container and
                                                                          the packaging referring the consumer to the
                                                                          information specified;
   (e) the batch number of manufacture or the reference               (e) the batch number of manufacture or the reference
       for identifying the goods; where this is impossible                for identifying the goods; where this is impossible
       for practical reasons because the cosmetic articles                for practical reasons because the cosmetic articles
       are too small, such information need appear only on                are too small, such information need appear only on
       the packaging. However, notwithstanding the                        the packaging.
       beginning of this paragraph, any other means
       allowing simple identification of manufacture shall
       also be permitted (e.g. coding using notches,
       marking with ink visible in UV light, etc.).
   2. For cosmetic products that are not prepackaged,
   are packaged at the point of sale at the purchaser's
   request, or are prepackaged for immediate sale, the
   Member States shall adopt provisions for indication of
   the particulars referred to in paragraph 1.
   3. Member States shall take all measures necessary to
   ensure that, in the labelling, putting up for sale and
   advertising of cosmetic products, text, names, marks,
   pictures and figurative or other signs are not used to
   imply that these products have characteristics which
   they do not have.
5. Article 12(2) is replaced by:
   '2. The Commission shall as soon as possible consult
   the Member States concerned, following which it shall
   deliver its opinion without delay and take the ap-
   propriate steps.'
6. Annex III, Part 2, becomes Annex IV, Part 1.
7. Annex IV, Part 1, becomes Annex III, Part 2.
 ---pagebreak---  No C 214/14                             Official Journal of the European Communities                                   16. 8. 88
                          INITIAL TEXT                                                        MODIFIED TEXT
                           Article 2
 1. Member States shall take all necessary measures to
 ensure that as from 1 January 1992 neither manufacturers
 nor importers established in the Community place on the
 market products whose labelling does not satisfy the
 requirements of this Directive.
 2. Member States shall take all necessary measures to
ensure that the products referred to in paragraph 1 can no
 longer be sold or disposed of to the final consumer after
 31 December 1993.
                           Article 3
 1. Member States shall bring into force the laws,
regulations and administrative provisions necessary to
comply with the provisions of this Directive not later than
31 December 1989 and shall forthwith inform the
 Commission thereof.
2. Member States shall ensure that the text of the
provisions of national law which they adopt in the field
governed by this Directive are communicated to the
Commission.
                           Article 4
This Directive is addressed to the Member States.
              Proposal for a Council Directive amending for the fifth time Directive 74/329/EEC on the
              approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and
                                               gelling agents for use in foodstuffs
                                                 COM(88) 322 final — SYN 138
                                       (Submitted by the Commission on 21 June 1988)
                                                          (88/C 214/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            emulsifiers, stabilizers, thickeners and gelling agents which
                                                                    may be authorized in foods by the Member States;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100A
thereof,
Having regard to the proposal from the Commission,                  Whereas Annex II to Directive 74/329/EEC indicates the
In cooperation with the European Parliament,                        designations of substances which may be temporarily
                                                                    authorized by Member States for use in foods; whereas the
Having regard to the opinion of the Economic and Social             validity of each authorization is limited to 31 December
Committee,                                                          1988;
Whereas Council Directive 74/329/EEC (*), as last amen-
ded by Directive 86/102/EEC (2), lays down a list of
                                                                    Whereas the scientific and technical knowledge on the
(!) OJ No L 189, 12. 7. 1974 p. 1.                                  safety or/and use of the substances in the Annex II is now
(2) OJ No L 88, 3. 4. 1986 p. 40.                                   sufficient to allow their transfer to Annex I;