List of guidelines for the interpretation of the Cosmetics Directive

The Commission has, in close co-operation with Member States, issued a number of 'guidelines' to
provide a coherent interpretation of various provisions of the cosmetics-Directive in the interest of
Member States authorities and stakeholders, such as industry.

Please note, however, that only the text of the directive is authentic in law. The text of the directive
is applicable where there are differences between the provisions of a directive and the contents of
this Guide. The interpretation of Community law is ultimately the responsibility and privilege of the
European Court of Justice.

Guidance documents have been issued on the following issues:

 "Commission Recommendation of 7 June 2006 Establishing guidelines on the use of claims

referring to the absence of tests on animals pursuant to Council Directive 76/768/EEC"

 "The Restriction to "Professional use" in the Cosmetics Directive 76/768/EEC" (50 KB)

 "The "restricted fields of application" for coloring agents in Annex IV to Cosmetics Directive
76/768/EEC" (27 KB)

 "Labelling of ingredients In Cosmetics Directive 76/768/EEC" (31 KB) (February 2008)

 Guidelines to complement the provisions of Commission Directive 2009/134/EC (reinforced

labelling for hair dye products) (15 KB)

Borderline products
In practice, it may sometimes be unclear whether a product is a cosmetic product in the sense of the
Cosmetics Directive or whether it falls under other sectoral legislation. This decision is to be taken on
a case-by-case basis.

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.
  Manual on the scope of application of the Cosmetics Regulation (EC) NO 1223/2009 (Art.
2(1)(a)) (Version 1, November 2013) (148 kB)

 Guidance Document on the Relationship Between the General Product Safety Directive
(GPSD) and Certain Sector Directives with Provisions on Product Safety

 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 (60 kB)

Better transparency about the composition and undesirable effects

Composition and undesirable effects of cosmetic products to be made easily accessible to the public
by the practical implementation of article 7a(1)(h) 2nd paragraph of Council directive 76/768/EEC.

In 2003, Cosmetics Directive 76/768/EC of 27 July 1976 on the approximation of the laws of the
Member States relating to cosmetic products was amended. This modification introduced a new
paragraph which entered into force in 2004, providing that the public can have access to certain
information from cosmetic companies on request.

This increased transparency concerns:

 composition of the cosmetic product;

 undesirable effects that may have been reported to companies regarding products they
produce.

In order to ensure that relevant stakeholders, i.e. Industry and Member States, have the same
understanding regarding this new rule, Guidelines on practical implementation of the new
provisions (71 KB) were drafted by Commission services in cooperation with these stakeholders.

On its part, Colipa, the European Cosmetic Toiletry and Perfumery Association, has set up a specific
data base to facilitate public access to relevant information.

Please note, however, that only the text of a Directive is authentic in law. The text of a Directive is
applicable where there are differences between the provisions of a directive and the contents of this
guidance document. Furthermore, the interpretation of Community law is ultimately the
responsibility and privilege of the European Court of Justice. The analysis set out in the guidance
document 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.
"Period after opening" – labelling
Further to the adoption of the Directive 2003/15/EC which has modified the Cosmetics
Directive (76/768/EEC), the Commission has adopted guidelines on the Practical implementation of
Article 6(1)(c) of the Cosmetics Directive (76/768/EEC) Labelling of product durability: "Period of time
after opening" (18 KB).

Under article 6(1)(c) of the Cosmetics Directive (76/768/EEC) it is foreseen: "(….) Indication of the
date of durability shall not be mandatory for cosmetic products with a minimum durability of more
than 30 months. For such products, there shall be an indication of the period of time after opening
for which the product can be used without any harm to the consumer. This information shall be
indicated by the symbol given in Annex VIIIa followed by the period (in months and/or years)".

Moreover, the Commission has prepared a Question and Answer sheet (79 KB) on "Period after
opening"- labelling.

The following link allows you to retrieve a ZIP file containing the symbol in different file formats
(235 KB) - Windows Bitmap (.bmp), Gif (.gif), Jpeg (.jpg), Adobe Photoshop as transparent layer
(.psd), Tiff (.tif), Picture (.pct) and Encapsulated PostScript (.eps).