
Article 1 
Annexes II and III to Directive 76/768/EEC are amended in accordance with the Annex to this Directive.
Article 2 

1. Member States shall adopt and publish, by 5 August 2009 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 those provisions from 5 November 2009.However, they shall apply the provisions concerning the substance toluene as set out in point 2 of the Annex under reference number 185 from 5 February 2010.When Member States adopt the provisions referred to in the first subparagraph, 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, 4 February 2009.
For the Commission
Günter VERHEUGEN
Vice-President
ANNEX

Directive 76/768/EEC is amended as follows:

1.. In Annex II, the following reference numbers are added:

Reference number Chemical name CAS numberEC number
‘1370 Diethylene glycol (DEG), for traces level see Annex III2,2′-oxydiethanol CAS No 111-46-6EC No 203-872-2
1371 Phytonadione [INCI], phytomenadione [INN] CAS No 84-80-0/81818-54-4;EC No 201-564-2’
2.. In Part 1 of Annex III, the following reference numbers 185 to 188 are added:

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
‘185 TolueneCAS No 108-88-3EC No 203-625-9 Nail products 25 %  Keep out of reach of childrenTo be used by adults only
186 Diethylene glycol (DEG)CAS No 111-46-6EC No 203-872-22,2′-oxydiethanol Traces in ingredients 0,1 %  
187 ButoxydiglycolCAS No 112-34-5EC No 203-961-6diethylene glycol monobutyl ether (DEGBE) Solvent in hair dye products 9 % No use in aerosol dispensers (sprays) 
188 ButoxyethanolCAS No 111-76-2EC No 203-905-0ethylene glycol monobutyl ether (EGBE) Solvent in oxidative hair dye products 4,0 % No use in aerosol dispensers (sprays) 
Solvent in non-oxidative hair dye products 2,0 % No use in aerosol dispensers (sprays)’ 
