CELEX: 51988PC0324
Language: en
Date: 1988-06-13
Title: 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

No C 214/16                            Official Journal of the European Communities                                16. 8. 88
               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(88) 324 final — SYN 139
                                      (Submitted by the Commission on 21 June 1988)
                                                        (88/C 214/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS DIRECTIVE:
                                                                                           Article 1
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100A                Directive 76/768/EEC is hereby amended as follows:
thereof,
                                                                  1. The second paragraph of Article 8(2) is deleted.
                                                                  2. Article 9 is replaced by the following:
Having regard to the proposal from the Commission,
                                                                     'Article 9
                                                                     The Commission shall be assisted by an Advisory
In cooperation with the European Parliament,                         Committee on the Adaptation to Technical Progress of
                                                                     the Directives on the Removal of Technical Barriers to
                                                                     Trade in the Cosmetic Products Sector, hereinafter
Having regard to the opinion of the Economic and Social              referred to as 'the Committee', composed of rep-
Committee,                                                           resentatives of the Member States and chaired by a
                                                                     representative of the Commission'.
Whereas Directive 76/768/EEC ( ! ), as last amended by            3. Article 10 is replaced by the following:
Directive ..., establishes, for the purposes of adapting             'Article 10
technical requirements laid down by the Directive to
technical progress, a procedure for close cooperation                Where the procedure laid down in this Article is to be
between the Member States and the Commission within a                followed, the following provisions shall apply:
Committee on the Adaptation to Technical Progress of the
Directives on the Removal of Technical Barriers to Trade             The representative of the Commission shall submit to
in the Cosmetic Products Sector;                                     the Committee a draft of the measures to be taken. The
                                                                     Committee shall deliver its opinion on the draft, within
                                                                     a time limit which the chairman may lay down
                                                                     according to the urgency of the matter, if necessary by
Whereas, in the case of Annexes 111 to VII, the procedure            taking a vote.
involving that Committee applies until 31 December 1988;
                                                                     The opinion shall be recorded in the minutes; in
                                                                     addition each Member State shall have the right to ask
Whereas experience has shown that there should be a                  to have its position recorded in the minutes.
procedure for rapidly adapting technical requirements laid
                                                                     The Commission shall take the utmost account of the
down by the Directive to technical progress; whereas
                                                                     opinion delivered by the Committee. It shall inform the
powers should therefore be conferred on the Commission
                                                                     Committee of the manner in which its opinion has been
to take action in the sector, with assistance from an
                                                                     taken into account'.
Advisory Committee,
                                                                                           Article 2
(!) OJ No L 262, 27. 9. 1976, p. 169.                            This Directive is addressed to the Member States.