However, the Commission has published a number of guidance documents to facilitate the application of Community-legislation in these cases. These include a "manual" on the application of Art. 1 Cosmetics Directive, i.e. the definition of "cosmetic product" (see below) and various guidelines on the borderline other sectoral legislations.
Please note, however, that only the text of the Directives is authentic in law. The text of the Directives is applicable where there are differences between the provisions of a directive and the contents of these guidance documents. The interpretation of Community law is ultimately the responsibility and privilege of the European Court of Justice. The analysis set out in these guidance documents does not in any way preclude a different interpretation by the European Court of Justice in a particular case, and does not in any way commit the European Commission.
Guidance documents on "borderline products":
- Guidance Document on the Relationship Between the General Product Safety Directive (GPSD) and Certain Sector Directives with Provisions on Product Safety
- Guidance Document agreed between the Commission services and the competent authorities of Member States for the biocidal products Directive 98/8/EC and for the cosmetic products Directive 76/768/EEC borderline between Directive 98/8/EC concerning the placing on the market of biocidal products and Directive 76/76876/768/EEC concerning cosmetic products
- Manual of decisions for implementation of Directive 98/8/EC concerning the placing on the market of biocidal products
- Guidance Document on the demarcation between the Cosmetic Products Directive 76/768 and the Medicinal Products Directive 2001/83 as agreed between the Commission services and the competent authorities of Member States