REAL DECREE 349/1988, OF 15 APRIL ( OF 20), WHEREBY THE TECHNICAL-HEALTH REGULATION OF COSMETIC PRODUCTS IS APPROVED, ESTABLISHES IN ITS ADDITIONAL PROVISION FIRST THAT BY ORDER OF THE MINISTER OF HEALTH AND CONSUMPTION WILL BE CONSTITUTED AN ADVISORY COMMITTEE OF COSMETOLOGY, COMPOSED OF REPRESENTATIVES OF THE ADMINISTRATION OF THE AFFECTED SECTORS AND PROFESSIONALS OF RECOGNIZED PRESTIGE, WITH ADVISORY FUNCTIONS AND TECHNICAL ADVICE.

THE CONSTITUTION OF THIS COMMITTEE IS NECESSARY TO ENSURE THE EFFECTIVE APPLICATION OF THE AFOREMENTIONED TECHNICAL-HEALTH REGULATIONS BY MEANS OF THE KNOWLEDGE AND ASSESSMENT OF THE CONTINUOUS SCIENTIFIC AND TECHNICAL ADVANCES IN THE FIELD OF THE COSMETIC PRODUCTS.

IN ITS VIRTUE, ON THE PROPOSAL OF THE DIRECTORATE GENERAL OF PHARMACY AND MEDICAL DEVICES, AFTER APPROVAL OF THE MINISTER FOR PUBLIC ADMINISTRATIONS, I COME TO HAVE:

FIRST. THE ADVISORY COMMITTEE ON COSMETOLOGY, WHOSE COMPOSITION, TASKS AND FUNCTIONS SHALL BE GOVERNED BY THE PROVISIONS LAID DOWN IN THIS ORDER.

SECOND. THE COSMETOLOGY ADVISORY COMMITTEE SHALL BE COMPOSED OF THE FOLLOWING MEMBERS:

A) SIX VOWELS :

1. THE DIRECTOR-GENERAL OF PHARMACY AND MEDICAL DEVICES OR PERSON TO WHOM HE DELEGATES.

2. THE DEPUTY DIRECTOR GENERAL OF CONTROL OF THE HEALTH INSTITUTE OR PERSON TO WHOM YOU DELEGATE.

3. THE DIRECTOR OF THE NATIONAL INSTITUTE OF TOXICOLOGY OR PERSON TO WHOM HE DELEGATES.

4. THE DEPUTY DIRECTOR-GENERAL FOR THE ASSESSMENT OF MEDICAL DEVICES OR A PERSON TO WHOM HE DELEGATES.

5. THE DEPUTY DIRECTOR-GENERAL FOR QUALITY CONTROL AND ANALYSIS OF THE NATIONAL INSTITUTE OF CONSUMPTION OR PERSON TO WHOM HE DELEGATES.

6.

THE DEPUTY DIRECTOR-GENERAL OF CHEMICAL AND PHARMACEUTICAL INDUSTRIES AT THE GENERAL DIRECTION OF INDUSTRY OR PERSON TO WHOM HE DELEGATES.

B) SEVEN VOWELS OF FREE DESIGNATION BY THE MINISTRY OF HEALTH AND CONSUMPTION, FOR A PERIOD OF THREE YEARS, SELECTED AMONG PERSONS WITH WIDELY RECOGNIZED TECHNICAL KNOWLEDGE IN THE SUBJECTS THAT ARE THE FUNCTION OF THE COMMITTEE. OF THESE, TWO WILL BE PROPOSED BY THE BUSINESS ASSOCIATIONS, THREE BY THE PROFESSIONAL ASSOCIATIONS AND TWO BY THE CONSUMER AND CONSUMER ASSOCIATIONS.

C) IN ADDITION, SPANISH MEMBERS OF THE SCIENTIFIC COMMITTEE OF COSMETOLOGY OF THE COMMISSION OF THE EUROPEAN ECONOMIC COMMUNITY WILL BE THE MEMBERS OF THE COMMITTEE.

THE PRESIDENT AND THE VICE-PRESIDENT OF THE COSMETOLOGY ADVISORY COMMITTEE WILL BE APPOINTED FROM AMONG ITS MEMBERS BY THE MINISTRY OF HEALTH AND CONSUMPTION.

THE COMMITTEE MAY INVITE TO TAKE PART IN ITS MEETINGS WITH PARTICULARLY COMPETENT PERSONALITIES IN THE SUBJECTS COVERED BY THE STUDY. HE SHALL ACT AS SECRETARY-GENERAL OF A POST OF THE GENERAL SUB-DIRECTORATE FOR THE ASSESSMENT OF MEDICAL DEVICES.

THIRD. THE COSMETOLOGY ADVISORY COMMITTEE SHALL HAVE THE FOLLOWING FUNCTIONS:

1. TO REPORT ON THE SUBSTANCES USED IN THE PREPARATION OF COSMETIC PRODUCTS, THEIR COMPOSITION AND THE CONDITIONS OF USE OF SUCH PRODUCTS.

2.

ADVISE ON THE HEALTH PROBLEMS OF COSMETICS.

3. REPORT ON METHODS OF ANALYSIS AND TECHNICAL STANDARDS.

4. PROPOSE THE CARRYING OUT OF STUDIES AND RESEARCH IN RELATION TO COSMETIC PRODUCTS.

5.

ADVISE ON MEASURES TO BE TAKEN TO SAFEGUARD PUBLIC HEALTH AND CONSUMER PROTECTION IN THE FIELD OF COSMETICS.

6. TO REPORT ON ANY OTHER COSMETIC ISSUE WHICH MAY BE SUBMITTED TO YOU BY THE HEALTH AUTHORITIES.

FOURTH. THE ADVISORY COMMITTEE SHALL BE CONVENED BY ITS CHAIRMAN AT LEAST ONCE A YEAR. IT SHALL ALSO BE CONVENED UPON REQUEST IN WRITING BY TWO THIRDS OF ITS MEMBERS.

THE COMMITTEE SHALL ESTABLISH ITS INTERNAL OPERATING SYSTEM, WHICH MAY CONSTITUTE THE WORKING GROUPS IT DEEMS NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS.

QUINTO. IN ORDER TO PROVIDE TECHNICAL AND ADMINISTRATIVE SUPPORT TO THE COMMITTEE, A PERMANENT SECRETARIAT SHALL BE ORGANISED IN THE GENERAL SUB-DIRECTORATE FOR THE EVALUATION OF MEDICAL DEVICES.

SIXTH. THE MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE ANY REMUNERATION FOR THE PERFORMANCE OF THEIR DUTIES, ALTHOUGH THEY SHALL RECEIVE THE ASSISTANCE PROVIDED BY THEIR CONCURRENCY TO THE MEETINGS, AS LAID DOWN IN THE LEGISLATION IN FORCE.

SEVENTH. AS PROVIDED FOR IN THIS ORDER, THE FUNCTIONING OF THE COMMITTEE SHALL BE GOVERNED BY THE PROVISIONS OF CHAPTER 2. TITLE I OF THE LAW OF ADMINISTRATIVE PROCEDURE.

MADRID, 31 MAY 1990.

GARCIA VARGAS

ILMO. MR. DIRECTOR GENERAL OF PHARMACY AND MEDICAL DEVICES.