New EU Cosmetics Regulation

August 13th, 2013

11 July 2013 saw the full implementation of the new EU Cosmetics Regulation (EC) No. 1223/2009), which replaces the Cosmetics Directive (76/768/EEC).  The Regulation specifically allowed the old Cosmetics Directive to be used up to this date.

There are no transition provisions and the Regulations come into force immediately.

The main target of the Regulation is human safety. The Regulation requires cosmetics to cause no damage to human health when applied under normal or reasonably foreseeable conditions of use. Environmental safety of cosmetics products is covered by REACH. 

The most significant changes introduced include:

  • Strengthened safety requirements for cosmetic products

Specific requirements in the preparation of a cosmetic product safety report (CPSR), conducted prior to placing a product on the market, are specified.

  • Introduction of the notion of ‘responsible person’

A responsible person must be assigned for each cosmetic product and they must ensure that the cosmetic product is compliant with EU law

  • Centralised notification of all cosmetic products placed on the EU market

The Cosmetic Product Notification Portal (CPNP) is the online European Commission central notification system. The information on the CPNP is available electronically to relevant bodies established by Member States.

  • Introduction of reporting of serious undesirable effects

The responsible person will have an obligation to notify serious undesirable effects to the Competent Authorities.

  • New rules for the use of nanomaterials in cosmetic products are in place.

In conclusion: the new Regulation should make enforcement easier, increase the knowledge base and communication, and put greater confidence in cosmetics products available on the market.

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