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.
QUALITY AND SAFETY OF COSMETICS IN THE EEC 71 (2) Harmonization solution The Directive is based on harmonization and the result will be the sub- stitution of Community provisions for the national laws in force. (3) Notes on the proposal These cover the scope of the Directive as exemplified by the 15 Articles and 5 Annexes. The system chosen is based on negative listing: con- consequently all substances not specifically prohibited are accepted, so any cosmetic product is accepted providing it does not contain any of the pro- hibited substances in Annex II and meets the restrictions laid down for any substance in Annex Ill and IV. (4) Acceding countries Technical contacts with the experts of acceding countries have been established. (5) Consultation of the European Parliament and the Economic and Social Committee The opinion of these bodies is necessary to comply with the provisions of Article 100 of the EEC Treaty of Rome. Application of the Directive will require amendments of the laws of all Member States. The Directive Article 1 (Definition of cosmetic) 'Cosmetic product' means any preparation intended to be placed in contact with superficial parts of the body or with teeth and mouth with a view principally for perfuming, cleaning, protecting, keeping in good con- dition, changing appearance or correcting body odours. Annex I lists cosmetic products included in the Directive. Annex V lists substances excluded from the Directive. Article 2 (Products must not cause human damage) Cosmetic products must not be capable of causing damage to human health when they are applied as directed. Article 3 (To be marketed--the product must conform) Member States shall take the necessary steps to ensure that only products conforming to the Directive and its Annexes are put on the market.
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