CELEX: 51989PC0537
Language: en
Date: 1989-11-06
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE FIFTH TIME DIRECTIVE 76/768/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COSMETIC PRODUCTS

N o C 296/10                        Official Journal of the European Communities                               24. 11. 89
             Re-examined Proposal for a Council Directive amending for the fifth time Directive
             76/768/EEC on the approximation of the laws of the Member States relating to cosmetic
                                                       products (')
                                             COM(89) 537 final — SYN 139
             (Submitted by the Commission on 10 November pursuant to Article 149 (2) (d) of the EEC Treaty)
                                                      (89/C 296/07)
             0) OJ No C 214, 16. 8. 1988, p. 16.
                                                                RE-EXAMINED PROPOSAL BY THE COMMISSION FOLLOWING THE
                                                                AMENDMENTS OF THE EUROPEAN PARLIAMENT ON SECOND
             COMMON POSITION OF THE COUNCIL                                   READING OF 13 SEPTEMBER 1989
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100 A
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,
Whereas Directive 76/768/EEC, as last amended by                Unchanged
Directive 88/667/EEC, establishes, for the purposes of
adapting technical requirements laid down by the
Directive to technical progress, the procedure for close
cooperation between the Member States and the
Commission within a Committee on the adaptation to
technical progress of the Directives on the removal of
technical barriers to trade in the cosmetic products
sector;
Whereas,   in the case of Annexes       III to VII, the         Whereas, in the case of Annexes III to VII, the
procedure   involving that Committee     applies until 31       procedure involving that Committee applies until 31
 December   1988; whereas the period    during which the        December 1988;
 procedure applies should be extended   indefinitely,
                                                                Whereas experience has shown that there should be a
                                                                procedure for rapidly adapting technical requirements
                                                                 laid down by the Directive to technical progress;
                                                                whereas powers should therefore be conferred on the
                                                                 Commission to take action in this sector, with assistance
                                                                 from an Advisory Committee,
 ---pagebreak--- 24. 11. 89                           Official Journal of the European Communities                           No C 296/11
            COMMON POSITION OF THE COUNCIL                                RE-EXAMINED PROPOSAL BY THE COMMISSION
HAS ADOPTED THIS DIRECTIVE:                                    HAS ADOPTED THIS DIRECTIVE:
                         Article 1                                                        Article 1
The second paragraph of Article 8 (2) of Directive              Directive 76/768/EEC is hereby amended as follows:
76/768/EEC is deleted.
                                                                1. The second paragraph of Article 8 (2) is deleted.
                                                                2. Article 9 is replaced by the following:
                                                                    Article 9
                                                                   The Commission shall be assisted by an Advisory
                                                                   Committee on the Adaptation to Technical Progress
                                                                   of the Directives on the Removal of Technical
                                                                   Barriers to Trade in the Cosmetic Products Sector,
                                                                   hereinafter referred to as "the Committee", composed
                                                                   of representatives of the member States and chaired
                                                                   by a representative of the Commission.'
                                                                3. Article 10 is replaced by the following:
                                                                    Article 10
                                                                   Where the procedure laid down in this Article is to be
                                                                   followed, the following provisions shall apply:
                                                                   The representative of the Commission shall submit to
                                                                   the Committee a draft of the measures to be taken.
                                                                   The Committee shall deliver its opinion on the draft,
                                                                   within the time limit which the chairman may lay
                                                                   down according to the urgency of the matter, if
                                                                   necessary by taking a vote
                                                                   The opinion shall be recorded in the minutes; in
                                                                   addition each Member State shall have the right to
                                                                   ask to have its position recorded in the minutes.
                                                                   The Commission shall take the utmost account of the
                                                                   opinion delivered by the Committee. It shall inform
                                                                   the Committee of the manner in which its opinion has
                                                                   been taken into account.'
                           Article 2                                                        Article 2
   This Directive is addressed to the Member States.               Unchanged.