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Commission Directive 2009/134/EC

of 28 October 2009

amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress

(Text with EEA relevance)

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(1), and in particular Article 8(2) thereof,

After consulting the Scientific Committee on Consumer Safety,

Whereas:

(1) The Scientific Committee on Consumer Products, replaced by the Scientific Committee on Consumer Safety(2), concluded in its ‘Memorandum on hair dye substances and their skin sensitising properties’ published on 29 March 2007 that contact allergies caused by hair dye products are an increasingly important health problem for consumers and society, often causing acute and severe dermatitis to individuals. A person sensitised to a hair dye substance used in hair dye products may eventually develop skin allergy to that substance.

(2) In order to better inform the consumer about the possible adverse effects of hair colouring and to lower the risk of sensitisation to hair dye products among consumers, additional warnings should be printed on the label of oxidative hair dye products and of certain non-oxidative hair dye products containing extreme and strong sensitising substances. Therefore, the obligatory conditions of use and warnings laid down for respective hair dye substances in column ‘f’ of Annex III to Directive 76/768/EEC should be amended.

(3) Directive 76/768/EEC should therefore be amended accordingly.

(4) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

HAS ADOPTED THIS DIRECTIVE:

(2)

The name of the committee was changed by Commission Decision 2008/721/EC (OJ L 241, 10.9.2008, p. 21).