Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-03-23-Speech-1-104"
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"en.20090323.15.1-104"2
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".
Mr President, ladies and gentlemen, I would like to offer my sincere thanks to the rapporteur, Mrs Roth-Behrendt, and her two shadow rapporteurs, Mrs Ries and Mrs Grossetête, for their constructive and intensive collaboration, which helped us to reach consensus at first reading.
The Commission has also provided the explanations requested by Parliament with regard to it being a regulation instead of a directive, regarding internet sales, counterfeit products, transitional provisions and the timeframe for entry into force of the regulation and with regard to the issue of the definition of nanomaterials. In order to save time, I would like you to consent to all of the explanations being passed on to the conference services, as the contents are already known to Parliament.
The Commission takes note of the concerns of Member States on the recasting of directives into regulations.
The Commission considers that, where the existing provisions of a directive are sufficiently clear, precise and detailed, they may be capable of conversion into directly applicable provisions in a regulation by way of recasting. This is true more particularly where the provisions at issue are of a technical nature and have already been fully transposed into national law by all Member States.
The Commission accepts, in the light of the different opinions expressed, that the specific case of the Cosmetics Regulation will not be used as a precedent for the interpretation of the Interinstitutional Agreement on this point.
The Commission commits to clarifying the situation regarding Internet sales of cosmetic products prior to the date of application of the regulation.
Like the European Parliament, the Commission is concerned by the fact that the cosmetic sector may be affected by counterfeiting which may increase risk for human health. Therefore, the Commission will take action in order to enhance cooperation between national competent authorities in order to fight counterfeiting.
The Commission will draft an explanatory note regarding transitional provisions and dates of application of the Regulation (in particular in view of Articles 7, 8, 10 and 12a).
On definition of nanomaterials the Commission notes that work towards a common definition of nanomaterials is still evolving. The Commission therefore confirms that in future Community legislation progress on the common definition should be taken into account and notes that the comitology procedures contained within this proposal also allow for the updating of the definition within this proposal.
This is a regulation, which has three important consequences and achieves three important steps forward. We are ensuring greater security and greater transparency for consumers and we have achieved a significant simplification of existing legislation. The issue of security has, in particular, been at the core of our work.
I should just like to address a few points. We are now, for the first time, really creating a mechanism that I would like to describe as a ‘cosmetic watchdog’, namely a constant monitoring of cosmetic products. This is something we already have for pharmaceutical products. We are increasing the level of market surveillance by the Member States and creating a system to ensure the compulsory traceability of cosmetic products. All of these apply to all manufacturers, from the amateur to the wholesalers and retailers, in other words all of the stakeholders throughout the distribution chain.
Mrs Roth-Behrendt has already spoken on the subject of nanotechnology. We have found a solution in this case, which I would like to describe as a model, as this same solution will be used again later this week with regard to other important pieces of legislation. The specific provisions concerning the nanomaterials used in cosmetics introduce a mechanism for providing the necessary information before the materials are made publicly available on the market. This ensures that relevant data on safety has to be presented and the authorities have time to take any necessary safety precautions.
There has been a long, intensive and fruitful debate on whether materials that are classified as carcinogenic, mutagenic or reprotoxic could be used in exceptional cases. I am very pleased that the Council and Parliament have agreed with the Commission that we should retain the general ban on these substances in cosmetic products. The minimal exceptions that the Commission has proposed are only intended to avoid discrepancies in relation to the legislation on foodstuffs, as it is not immediately clear that one can drink alcohol but not use it in cosmetic products.
In addition to ensuring product safety, the proposal improves the level of information provided to consumers. An example is the addition to the list of ingredients of information on which substances appear in nano form. Moreover, the legislation provides for a specific inspection of the information provided by manufacturers. I am quite happy to confirm that the Member States and the Commission, through their close cooperation on this matter, wish to prevent the possibility of consumers being misled.
As I said, this regulation is also part of our simplification programme. In this way, ambiguities and contradictions will be removed from a directive which is already 33 years old and which, during that time, has been amended 55 times. There are probably few people around who could really understand it. That is why we have come up with a significant simplification of EU legislation.
I would also like to point out that the creation of a central system for reporting of cosmetic products before they are put on the market in the EU will result in savings for the industry.
I have already indicated that the European Parliament, Council and Commission have worked closely and constructively together. On behalf of the Commission, I am able to agree to all of the amendments tabled by the rapporteur, Mrs Roth-Behrendt."@en1
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"Commission statements Commission statements"1
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