72 JOURNAL OF THE SOCIETY OF COSMETIC CHEMISTS Article 4 (Prohibitions Annex If Restrictions Annex III) Member States shall prohibit the marketing of cosmetic products con- taining: (a) the substances listed in Annex If (b) the substances listed in Annex III (part 1) outside the limits and conditions fixed (c) colourants other than those in Annex III (part 2) if the products are intended to be used near the eyes, on the lips or in the mouth. Article 5 (Provisional Restrictions--Annex IV) For a period of 3 years Member States shall accept marketing of cos- metic products containing (a) substances listed in Annex IV part 1 (b) colourants listed in Annex IV part 2 if these products are intended to be used near the eyes, on the lips or in the mouth. Article 6 (Packaging and labelling requirements) (1) The container or outside package must bear the name and address of the manufacturer/packer/importer/distributor having his registered place of business within the Community. (2) The container or outside package shall state the net content at time of packing in legal metric units and expiry date for products which do not have an unlimited shelf life. (3) Special precautions of use shall appear legibly on the container, or if impossible on the outside package and an enclosed leaflet. (4) The use of names, trademarks, images or other signs suggesting a characteristic which the products do not possess is prohibited. A recom- mended amendment to this section includes prohibiting claims for products where there is no, or insufficient, scientific evidence. Article 7 (Freedom of marketing to Member States) Member States must not prohibit or hamper the marketing of products which conform to the Directive but they can demand that the particulars required in Article 6 are expressed in their national language(s). Article 8 (Supervision) Member States shall take the necessary measures to supervise that cosmetic products conform to the Directive.

QUALITY AND SAFETY OF COSMETICS IN THE EEC 73 Article 9 (Sampling, analysis, bacteriological criteria, amendments, fate of Annex IV substances) (1) Procedures for sampling and analytical methods necessary for supervision are determined in accordance with Article 11. Similarly, criteria for bacteriological purity. (2) Amendments necessary for the adaptation of Annexes l[ and Ill shall be adopted in accordance with the same procedure. (3) On the basis of results of scientific and technical research the sub- stances and colourants provisionally accepted in Annex IV shall at the end of the 3-year period provided for in Article 5 be: --finally included in Annex II or lII --or kept for 3 more years in Annex IV --or be removed from any Annex to this Directive. Article 10 (Committee for Adaptation) A Committee of Adaptation shall be established, composed of repre- sentatives from Member States and chaired by a representative of the Commission. Article 11 (Mechanism for raising matters) (1) In cases where reference is made to the procedure the matter is brought before the Committee of Adaptation by the chairman, either on his own initiative or at the request of a representative of a Member State. (2) The chairman shall submit a draft of the measures to be taken. The Committee of Adaptation shall give its opinion within the time fixed by the chairman and decide by a majority of 12 votes according to the weighting laid down in Article 148 of the Treaty. The chairman shall not take part in the vote. (3) (a) When the Committee of Adaptation is in accord the Commission shall lay down the proposed measures. (b) If not, or in the absence of an opinion from this Committee, the Commission shall forward to the Council a proposal concerning the measures to be taken and the Council shall act by a qualified majority. (c) If after 3 months the Council has not acted, the measures proposed shall be adopted by the Commission. Article 12 (Procedure when conforming products are found to be harmful) (1) If a Member State ascertains that a cosmetic product presents a danger to human health, although it conforms to the Directive, that State,