(Codecision procedure: recast)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0049),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0053/2008),

–   having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(1),

–   having regard to the letter of 21 November 2008 from the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 80a(3) of its Rules of Procedure,

–   having regard to Rules 80a and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Legal Affairs (A6-0484/2008),

A.   whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working party of the legal services of the European Parliament, the Council and the Commission and as amended below;

2.  Takes note of the Commission statements annexed to this resolution;

3.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

4.  Instructs its President to forward its position to the Council and the Commission.

(1) OJ C 77, 28.3.2002, p. 1.

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No ....)

Commission statements

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.