Commission Directive 2004/93/EC
of 21 September 2004
amending Council Directive 76/768/EEC for the purpose of adapting its Annexes II and III to technical progress
(Text with EEA relevance) (repealed)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products, and in particular Article 4b and Article 8(2) thereof,
OJ L 262, 27.9.1976, p. 169. Directive as last amended by Commission Directive 2003/83/EC (OJ L 238, 25.9.2003, p. 23).
After consulting the Scientific Committee on Cosmetic Products and Non-Food Products intended for consumers (SCCNFP),
Whereas:
(1) Directive 76/768/EEC, as amended by Directive 2003/15/EC of the European Parliament and of the Council, prohibits the use in cosmetic products of substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR), of category 1, 2 and 3, under Annex I to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, but allows the use of substances classified in category 3 pursuant to Directive 67/548/EEC subject to evaluation and approval by the SCCNFP; Directive 76/768/EEC requires the Commission to adopt the necessary measures to that end.
OJ L 66, 11.3.2003, p. 26.
OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).
(2) In so far, as some of the substances classified as CMR of category 1 and 2 under Annex I to Directive 67/548/EEC are not yet listed in Annex II to Directive 76/768/EEC, it is necessary to include them in that Annex. Substances classified as CMR of category 3 under Annex I to Directive 67/548/EEC should also be included in Annex II to Directive 76/768/EEC, except if they have been evaluated by the SCCNFP and found acceptable for use in cosmetic products.
(3) Substances classified as CMR of category 1 and 2 listed in Annex III, part 1 to Directive 76/768/EEC should be deleted.
(4) Directive 76/768/EEC should therefore be amended accordingly.
(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,
HAS ADOPTED THIS DIRECTIVE: