Directive 1993/35 - Amendment of Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products - Main contents

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Council Directive 93/35/EEC of 14 June 1993 amending for the sixth time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

Official Journal L 151 , 23/06/1993 P. 0032 - 0037

Finnish special edition: Chapter 13 Volume 24 P. 0074

Swedish special edition: Chapter 13 Volume 24 P. 0074

COUNCIL DIRECTIVE 93/35/EEC of 14 June 1993 amending for the sixth time Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

In cooperation with the European Parliament (2),

Having regard to the Opinion of the Economic and Social Committee (3),

Whereas the legal ambiguities in Directive 76/768/EEC (4) particularly in Articles 1 and 2, should be removed;

Whereas it has become apparent that it is desirable that data on the ingredients employed in cosmetic products be gathered so that all issues relating to their use and the resulting action at Community level may be assessed with a view, in particular, to the establishment of a common nomenclature of ingredients used in cosmetic products; whereas the gathering of that data can be facilitated if the Commission compiles an inventory of the ingredients concerned; whereas that inventory will be indicative and is not intended to constitute a limitative list of substances used in cosmetic products;

Whereas greater transparency is needed regarding the ingredients employed in cosmetics if the latter are to be placed on the market without any prior procedure, if the necessary information on the finished product is to be available solely at the place of manufacture or of initial importation into the Community and if better information is to be provided to the consumer; whereas such transparency should be achieved by indication of a product's function and of the ingredients used in a cosmetic product on its packaging; whereas where for practical reasons it is impossible to indicate the ingredients and any warnings regarding use on the container or the packaging, such particulars should be enclosed so that the consumer may have access to all necessary information;

Whereas, with regard to the finished cosmetic product, it should be made clear which information is to be made available to the monitoring authorities of the place of manufacture or of initial importation into the Community market; whereas that information should include all the necessary particulars relating to identity, quality, safety for human health and the effects claimed for the cosmetic product;

Whereas, however, for reasons of monitoring, the competent authority should be apprised of the place of manufacture and of the information needed for rapid and appropriate medical treatment in the event of difficulties;

Whereas the Commission should be authorized to amend Annexes I and VIII to Directive 76/768/EEC in view of their illustrative and technical nature;

Whereas assessment of the safety of use of the ingredients employed in cosmetics and of the final product should take account of the requirements of Directive 86/609/EEC (5), which concerns the protection of animals used for experimental and other scientific purposes, and in particular Article 7 (2) thereof;

Whereas testing on animals of ingredients or combinations of ingredients should be banned as from 1 January 1998; whereas, however, that date should be postponed where alternative methods of testing have not been scientifically validated; whereas the Commission should submit a report on progress made with regard to such methods,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 76/768/EEC is hereby amended as follows:

• 1. 

  Article 1 (1) shall be replaced by the following:

'1. A "cosmetic...

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