
Article 1 
Annex III to Directive 76/768/EEC is amended in accordance with the Annex to this Directive.
Article 2 

1. Member States shall adopt and publish, by 15 April 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.They shall apply the provisions set out in the Annex to this Directive from 15 July 2010.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4 
This Directive is addressed to the Member States.
Done at Brussels, 12 October 2009.
For the Commission
Günter VERHEUGEN
Vice-President
ANNEX

Directive 76/768/EEC is amended as follows:
Part 1 of Annex III is amended as follows:

((a)) In column ‘b’ of reference number 8, the words ‘p-Phenylenediamine, its N-substituted derivatives and its salts; N-substituted derivatives of o-Phenylenediamine (5), with exception of those derivatives listed elsewhere in this Annex and under reference numbers 1309, 1311, and 1312 in Annex II’ are replaced by the following:
‘N-substituted derivatives of p-Phenylenediamine and their salts; N-substituted derivatives of o-Phenylenediamine (5), with exception of those derivatives listed elsewhere in this Annex and under reference numbers 1309, 1311, and 1312 in Annex II’.
((b)) The following reference number 8a is inserted after reference number 8:

Reference number Substance Restrictions Conditions of use and warnings which must be printed on the label
Field of application and/or use Maximum authorised concentration in the finished cosmetic product Other limitations and requirements
a b c d e f
‘8a p-Phenylenediamine and its salts (5)CAS No 106-50-3Einecs 203-404-7p-Phenylenediamine HClCAS No 624-18-0Einecs 210-834-9p-Phenylenediamine sulphateCAS No 16245-77-5Einecs 240-357-1 Hair dye substance in oxidative hair dye products
((a)) general use
((b)) professional use  (a) and (b) After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2 % calculated as free base. 
(a) Can cause an allergic reaction. Contains phenylenediamines. Do not use to dye eyelashes or eyebrows.

(b) For professional use only. Contains phenylenediamines. Can cause an allergic reaction. Wear suitable gloves.’

((c)) In column ‘b’ of reference number 9, the words ‘Methylphenylenediamines, their N-substituted derivatives and their salts (1) with the exception of substances under reference numbers 364, 1310 and 1313 in Annex II’ are replaced by the following:
‘Methylphenylenediamines, their N-substituted derivatives and their salts (1), with the exception of the substance under reference number 9a in this Annex and substances under reference numbers 364, 1310 and 1313 in Annex II’.
((d)) The following reference number 9a is inserted after reference number 9:

Reference number Substance Restrictions Conditions of use and warnings which must be printed on the label
Field of application and/or use Maximum authorised concentration in the finished cosmetic product Other limitations and requirements
a b c d e f
‘9a Toluene-2,5-diamine and its salts (1)CAS No 95-70-5Einecs 202-442-1Toluene-2,5-diamine sulphateCAS No 615-50-9Einecs 210-431-8 Hair dye substance in oxidative hair dye products
((a)) general use
((b)) professional use  (a) and (b) After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 4 % calculated as free base. As mentioned in reference number 9, column f.’
((e)) In reference number 14, the maximum authorised concentration in the finished cosmetic product of 0,3 % in column ‘d’ and paragraph (a) in column ‘f’ are deleted.
