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,

74 jOURNAL OF THE SOCIETY OF COSMETIC CHEMISTS in accordance with the procedure in Article 11, can provisionally restrict or prohibit the sale on its territory. At the same time it must communicate to the other Member States and the Commission the measures envisaged and the reason for the decision. (A likely amendment limits the time to 1 year.) (2) If after 30 days no measure has been laid down by the Commission or the Council, the Member State may take the measures envisaged until such time as a decision is made according to Article 11. (A likely amendment requires the Commission to start consultations within 6 weeks and if the Directive has to be revised this must be completed within 1 year.) Article 13 (Possible restrictions by Member States) Precise reasons shall be stated for any individual measure taken to restrict or ban the marketing of cosmetic products. These shall be com- municated to the interested party together with particulars of remedies available under the legislation in force in the Member States and the time limit for the proceedings. Article 14 (Date for compliance) (1) Within 18 months of notification the Member States shall introduce the provisions necessary to comply with the Directive and shall inform the Commission forthwith. (2) Member States shall ensure that the text of such provisions of na- tional law as they adopt in the field governed by this Directive is com- municated to the Commission. Article 15 The Directive is addressed to the Member States.