Keywords
Summary

Keywords

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Approximation of laws ° Cosmetic products ° Packaging and labelling ° Directive 76/768 ° Exhaustive harmonization ° National legislation imposing obligations not provided for in the Directive ° Not permissible

(Council Directive 76/768, Art. 7(3))

Summary

Directive 76/768 on the approximation of the laws of the Member States relating to cosmetic products has provided exhaustively for the harmonization of national rules on the packaging and labelling of the products at issue. A Member State fails to fulfil its obligations under Directive 76/768, therefore, where its legislation exceeds the limits of the requirements laid down by Article 7(3) of the Directive regarding information, by making the marketing of cosmetic products subject to an obligation to maintain a file permanently at the disposal of the competent authorities, containing information on the nature of the product, the way in which it was manufactured and tested, its use and method of application, and on the clinical trials conducted in order to ascertain its toxicity and its tolerance by the human body.