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Special Cases

ARTICLE 11

1. Member State may provisionally prohibit the marketing of a cosmetic product in its territory or subject it to special conditions, if the Member State finds out that on the basis of a substantiated justification, the cosmetic product, although complying with the requirements of the Directive, represents a hazard to health or for reasons specific to religious or cultural sensitivity. Certain product claims may be permitted or prohibited in accordance with national requirements. Furthermore, the Member State for reasons related to its local organization and laws, may designate a specific competent authority and subject to a different control, a specific cosmetic product which comply with the requirements of this Directive and Annexes thereto. It shall immediately inform the other Member States with a copy to the ASEAN Secretariat stating the grounds for its decision.

2. The ASEAN Secretariat shall notify the ACC, which shall, as soon as possible, consult the Member countries concerned, and deliver its opinion without delay and take the appropriate steps.

3. Member State, which places a restriction or temporary ban on specific cosmetic products shall notify the other Member States with a copy to the ASEAN Secretariat of such measures taken, providing reasons together with particulars of the remedies available under its laws in force and the time limits allowed for the exercise of such remedies.

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