QUALITY AND SAFETY OF COSMETICS IN THE EEC 69 Article 10 provides for the formation of a Committee of Adaptation. This committee will not be set up until the Directive is finally accepted but there is no doubt that it will be very necessary and will probably have a full programme of work. The methods recommended by the analytical com- mittee will have taken into account most of the important factors and they will have been checked against a selection of relevant products on the market but it would be impossible to check every product from every country. This means that there could be some products which are not amenable to testing by the reference method. The onus is on the manufac- turer to check whether his product gives the correct answer when tested according to the reference method. If it does not then he must bring this to the attention of the Committee of Adaptation using the mechanism out- lined in Article 11. Article 12 is of interest in that it allows for the possibility that a product could constitute a danger to human health even though it conforms to the Directive. Member States who find such products can forbid their sale in their territory for one year and they must inform the other Member States and the Commission, detailing the reasons. The Commission must start consultations within 6 weeks and eventually decide if the Directive must be revised. Finally, Article 14 states that when the Directive is finally agreed, all Member States must make the necessary provisions to ensure compliance within 18 months. To summarize, the main points arising from this Directive are as follows. (1) Products must not cause damage to human health. (2) No product can be marketed if it contains any substance listed in Annex II. (3) Products containing substances in Annex 11I must conform to the restrictions and conditions laid down. (4) Products containing substances in Annex IV must also conform to the restrictions and conditions laid down, but at the end of 3 years their use will be reviewed in the light of any new safety data which is available. (5) Products must be correctly labelled and claims must be justifiable. (6) Reference methods will be published for the sampling and analysis of products containing substances in Annexes IlI and IV together with methods for checking bacteriological purity of all cosmetic products. Manufacturers must check that their products can be

70 JOURNAL OF THE SOCIETY OF COSMETIC CHEMISTS analysed by these methods and if not they must bring the matter to the Committee oF Adaptation. (7) Any alterations or amendments to the Directive which individuals Feel should be considered can be put Forward according to the mechanism in Article 11. (8) If a product, even though it conforms to the Directive, is Found to be harmful, its sale can be Forbidden. (9) Within 18 months of acceptance of this Directive provisions will be introduced to ensure that all cosmetic products conform to the requirements of the Directive. PRESENT SITUATION Recommendations from the Economic and Social Committee and resolutions From the European Parliament are still being discussed by the Council of Ministers and the Directive is unlikely to be finalized this year (1974). (Received: 1st May 1974) APPENDIX PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COSMETIC PRODUCTS COM(72) 851 Final Brussels 6th October 1972 Abridged version Explanatory memorandum (1) General A comparative study of the laws, regulations, etc., in force in the Member States revealed divergences and the object of the Directive is to eliminate these divergences. The Commission formed a working party of experts and a technical study group, with provision for European repre- sentatives of Co-li-pa, to express their points of view on the technical problems.