Other applicable EU legislation - Overview
The Council Directive 76/768 of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products ("Cosmetics Directive") is the main regulatory framework for a finished cosmetic product as defined therein when placed on the Community market. However, apart from the Cosmetics Directive, other EU-legislation applies, some of which shall be listed below:
Important disclaimer
The information contained herein does in no way bind or commit the European Commission.
In particular:
- this information refers only to the finished cosmetic product as defined in Art. 1 of the Cosmetics Directive. The list does not apply to the placing on the market of raw-materials and starting materials;
- this information is of a general nature only and is not intended to address the specific circumstances;
- this information is a non-exhaustive list of legal requirements, which is not necessarily comprehensive, complete, accurate or up to date;
- the legal instruments listed here are mostly Directives, which are addressed to Member States who, in turn, transpose them into national law. It is therefore indispensable to also verify the national transposing laws;
- it cannot be guaranteed that a document available on-line reproduces exactly an officially adopted text. Only European Union legislation published in paper editions of the Official Journal of the European Union is deemed authentic.
Permitted/restricted ingredients
The main regulatory instrument is Council Directive 76/768 of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products ("Cosmetics Directive"): Art. 2 of the Cosmetics Directive sets out as a general rule that "a cosmetic product put on the market within the Community must not cause damage to human health when applied under normal or reasonably foreseeable conditions of use, taking account, in particular, of the product's presentation, its labelling, any instructions for its use and disposal as well as any other indication or information provided by the manufacturer or his authorized agent or by any other person responsible for placing the product on the Community market." Moreover, the Cosmetics Directive specifically regulates some ingredients, including UV-Filters, preservatives and colorants in its annexes.
Moreover, in principle Council Directive 76/769/EEC
of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations applies. You may find more information on dangerous substances and preparation on the Chemicals website of the European Commission.
As regards ozone-depleting substances contained in aerosol products: Regulation (EC) No 2037/2000
of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer. You may find more information on ozone on the Environment website of the European Commission.
Packaging and labelling
- Council Directive 76/768 of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products ("Cosmetics Directive")
-
Commission Directive 95/17/EC
of 19 June 1995 laying down detailed rules for the application of Council Directive 76/768/EEC as regards the non- inclusion of one or more ingredients on the list used for the labelling of cosmetic products; you may find a list of the competent authorities referred to in Art. 10 of this Directive here.
- Concerning metrological requirements: Council Directive 76/211/EEC
of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products ; you may find more information on the Prepackaging website of the European Commission.
- Concerning ranges of sizes and quantities: Council Directive 80/232/EEC
of 15 January 1980 on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products; you may find more information on the pack size section of the Prepackaging website of the European Commission. Please note: Directive 76/211/EEC and Directive 80/232 are currently being revised. You may find more information on the pack size section of the Prepackaging website of the European Commission (for pre-packaged products) and on the Metrological website of the European Commission (for metrological requirements).
- Concerning aerosol dispensers: Council Directive 75/324/EEC
of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers and Commission Directive 94/1/EC
of 6 January 1994 adapting some technicalities of Council Directive 75/324/EEC on the approximation of the laws of the relating Member States to aerosol dispensers; you may find more information on the Pressure and Gas website of the European Commission.
-
European Parliament and Council Directive 94/62/EC
of 20 December 1994 on packaging and packaging waste; you may find more information on the Environment website of the European Commission.