The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam, Member States of the Association of Southeast Asian Nations (hereinafter referred to as “ASEAN”);
HAVING regard to the Principles of Harmonization of Cosmetic Regulations, the Common Technical Documents for Cosmetics and the progress made in its implementation; and
DESIRING to implement the Agreement on the ASEAN Harmonized Cosmetic Regulatory Scheme signed on the ______ of September 2003. HAVE ADOPTED THIS DIRECTIVE:
HAVE ADOPTED THIS DIRECTIVE:
Article 1 General Provisions
1. Member States shall undertake all necessary measures to ensure that only cosmetic products which conform to the provisions of this Directive, its Annexes and Appendices may be placed in the market.
2. Notwithstanding to Article 4 and without prejudice to Article 5 and Article 11, a Member State may not, for reasons related to the requirements laid down in this Directive, its Annexes and Appendices, refuse, prohibit or restrict the marketing of any cosmetic products which comply with the requirements of this Directive, its Annexes and Appendices thereto.
3. The company or person responsible for placing the cosmetic products in the market, shall notify the regulatory authority responsible for cosmetics (hereafter referred to as regulatory authority) of each Member State where the product will be marketed of the place of the manufacture or of initial importation before the product is placed in the market.
4. The company or person responsible for placing the cosmetic products in the market shall for control purposes keep the product’s technical and safety information readily accessible to the regulatory authority of the Member State concerned.