20.9.2008 Official Journal of the European Union L 25235 COMMISSION DECISION of 10 September 2008 terminating the examination procedure concerning the measures imposed by the Republic of Korea affecting the import, distribution and advertising of cosmetics, perfume and toiletries products (notified under document number C(2008) 4837) (2008/747[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under interna- tional trade rules, in particular those established under the auspices of the World Trade Organisation (') and in particular Article 11(1) thereof, Whereas: A. PROCEDURAL BACKGROUND (1) On 2 April 1998, COLIPA (European Cosmetic, Toiletry and Perfumery Association) lodged a complaint under Article 4 of Regulation (EC) No 3286/94 (hereinafter the Regulation) on behalf of those of its members which export to the Republic of Korea or wish to do so. (20 The complainant alleged that the Community sales of cosmetics products in the Republic of Korea were hindered by wvarious obstacles to trade within the meaning of Article 2(1) of the Regulation. The alleged obstacles to trade were the following: (a) conformity assessment procedure whereby testing of imported cosmetics had to be carried out by the Korean Administration, in Korea; (b) burdensome administrative tracking of products, including providing sensitive commercial information to the Korean industry association; (c) discriminatory authorisation procedure for adver- tisements; () OJ L 349, 31.12.1994, p. 71. (d) other practices: labelling procedures, the non-recog- nition of the EU inventory of cosmetics ingredients, the prohibition of gift with purchase and some adver- tising difficulties. (3)  The complainant also claimed that these practices were causing adverse trade effects within the meaning of Article 2(4) of the Regulation. (40 The Commission decided therefore, after consultation of the Advisory Committee established by the Regulation, that there was sufficient evidence to justify initiating an examination procedure for the purpose of considering the legal and factual issues involved. Consequently, an examination procedure was initiated on 19 May 1998 (%). B. THE FINDINGS OF THE EXAMINATION PROCEDURE (5)  In 1999, the investigation concluded on the conformity assessment procedure that it was both discriminatory and more burdensome than necessary and therefore was in violation of Articles 5.1.1 and 5.1.2 of the WTO Agreement on Technical Barriers to Trade (TBT Agreement), mainly because the Korean products, contrary to imported cosmetics, were not subject to an authorisation procedure prior to being put on the market. The compulsory documentation for the adminis- trative tracking of products was found to create an unne- cessary duplication of administrative work for importers and therefore contrary to Article 5.1.2 of the TBT Agreement. As regards the advertising regime for cosmetics, the Commission did not find evidence that the legislation or its enforcement were discriminatory. Finally, with respect to the other practices mentioned in the complaint, the Korean Regulation on labelling had already been modified and the EU inventory had been recognised. No complaint was possible on the Korean regime for gift with purchase since a complete prohibition could also be found in some Member States. The investigation also concluded that some of the inves- tigated measures had cumulatively caused or threaten to cause adverse effects within the meaning of Article 2(4) of the Regulation. () O] C 154, 19.5.1998, p. 12.