Regulation (EC) No 1223/2009 of the European ... - Mattilsynet

L 342/74ENOfficial Journal of the European Union 22.12.20094. For cosmetic products that are not pre-packaged, are packagedat the point of sale at the purchaser’s request, or are prepackagedfor immediate sale, Member States shall adopt detailedrules for indication of the information referred to in paragraph 1.5. The language of the information mentioned in points (b),(c), (d) and (f) of paragraph 1 and in paragraphs (2), (3) and (4)shall be determined by the law of the Member States in which theproduct is made available to the end user.6. The information mentioned in point (g) of paragraph 1 shallbe expressed by using the common ingredient name set out in theglossary provided for in Article 33. In the absence of a commoningredient name, a term as contained in a generally acceptednomenclature shall be used.Article 21Access to information for the publicWithout prejudice to the protection, in particular, of commercialsecrecy and of intellectual property rights, the responsible personshall ensure that the qualitative and quantitative composition ofthe cosmetic product and, in the case of perfume and aromaticcompositions, the name and code number of the compositionand the identity of the supplier, as well as existing data on undesirableeffects and serious undesirable effects resulting from use ofthe cosmetic product are made easily accessible to the public byany appropriate means.The quantitative information regarding composition of the cosmeticproduct required to be made publicly accessible shall belimited to hazardous substances in accordance with Article 3 ofRegulation (EC) No 1272/2008.Article 20Product claims1. In the labelling, making available on the market and advertisingof cosmetic products, text, names, trade marks, pictures andfigurative or other signs shall not be used to imply that theseproducts have characteristics or functions which they do not have.2. The Commission shall, in cooperation with Member States,establish an action plan regarding claims used and fix prioritiesfor determining common criteria justifying the use of a claim.CHAPTER VIIMARKET SURVEILLANCEArticle 22In-market controlMember States shall monitor compliance with this Regulation viain-market controls of the cosmetic products made available onthe market. They shall perform appropriate checks of cosmeticproducts and checks on the economic operators on an adequatescale, through the product information file and, where appropriate,physical and laboratory checks on the basis of adequatesamples.After consulting the SCCS or other relevant authorities, the Commissionshall adopt a list of common criteria for claims whichmay be used in respect of cosmetic products, in accordance withthe regulatory procedure with scrutiny referred to in Article 32(3)of this Regulation, taking into account the provisions of Directive2005/29/EC.By 11 July 2016, the Commission shall submit to the EuropeanParliament and the Council a report regarding the use of claimson the basis of the common criteria adopted under the secondsubparagraph. If the report concludes that claims used in respectof cosmetic products are not in conformity with the common criteria,the Commission shall take appropriate measures to ensurecompliance in cooperation with the Member States.3. The responsible person may refer, on the product packagingor in any document, notice, label, ring or collar accompanyingor referring to the cosmetic product, to the fact that no animaltests have been carried out only if the manufacturer and his suppliershave not carried out or commissioned any animal tests onthe finished cosmetic product, or its prototype, or any of theingredients contained in it, or used any ingredients that have beentested on animals by others for the purpose of developing newcosmetic products.Member States shall also monitor compliance with the principlesof good manufacturing practices.Member States shall entrust to market surveillance authorities thenecessary powers, resources and knowledge in order for thoseauthorities to properly perform their tasks.Member States shall periodically review and assess the functioningof their surveillance activities. Such reviews and assessmentsshall be carried out at least every four years and the results thereofshall be communicated to the other Member States and the Commissionand be made available to the public, by way of electroniccommunication and, where appropriate, by other means.Article 23Communication of serious undesirable effects1. In the event of serious undesirable effects, the responsibleperson and distributors shall without delay notify the following tothe competent authority of the Member State where the seriousundesirable effect occurred:(a)all serious undesirable effects which are known to him orwhich may reasonably be expected to be known to him;