The many amendments to the Council Directive 76/768/EEC of 27 July 1976 was leading to confusion and different interpretations by some member states. The unification of the regulations should be a good thing and Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast), Official Journal of the European Union L342/59 on 22 December 2009 is the universal hymn sheet from which we should all be singing.
Disappointment
There is no doubt that this new document is a mighty leap forward, but one has to say that this is not just a “recast” as it introduces new wrinkles that go far beyond the simple consolidation of the numerous amendments.
(1) Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products 17 has been significantly amended on several occasions. Since further amendments are to be made, it should be recast as one single text in the interests of clarity. (2) The recast aims at simplifying procedures and streamlining terminology thereby reducing administrative burden and ambiguities. Moreover, the recast strengthens certain elements of the regulatory framework for cosmetics, such as in-market control, with a view to ensuring a high level of protection of human health. (3) A recast as a Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for diverging transposition by Member States. Moreover, a Regulation ensures that legal requirements are implemented at the same time throughout the Community.
Log in or register FREE to read the rest
This story is Premium Content and is only available to registered users. Please log in at the top of the page to view the full text.
If you don't already have an account, please register with us completely free of charge.
