Commission Directive 2004/94/EC of 15 September 2004 amending Council Directive 76/768/EEC as regards Annex IX(Text with EEA relevance)

17.9.2004 EN Official Journal of the European Union L 294/28
COMMISSION DIRECTIVE 2004/94/EC
of 15 September 2004
amending Council Directive 76/768/EEC as regards Annex IX
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 76/768/EEC of 27 July 1976 on approximation of the laws of the Member States relating to cosmetic products (1), in particular the second subparagraph of Article 4a(1) thereof,
After consulting the Scientific Committee on Cosmetic products and Non-food Products intended for consumers,
Whereas:
(1) The contents of Annex IX to Directive 76/768/EEC should be established for the purpose of listing those alternative methods to animal testing that have been validated by the European Centre on Validation of Alternative Methods (ECVAM) of the Joint Research Centre and that are not listed in Annex V to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2).
(2) As animal testing may not be replaced completely by an alternative method, it should be mentioned in Annex IX whether the alternative method fully or partially replaces animal testing.
(3) Directive 76/768/EEC should therefore be amended accordingly.
(4) There are at present, no alternative methods validated by ECVAM, other than those listed in Annex V to Council Directive 67/548/EEC.
(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,