The Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Cosmetic Products (Safety) Regulations 2004 (“the Principal Regulations”) to give effect to Commission Directives 2005/42/EC (O.J. No. L158, 21.6.2005, p.17) and 2005/52/EC (O.J. No. L234, 10.9.2005, p. 9) which amend Council Directive 76/768/EEC (O.J. L262, 27.9.1976, p.169) on the approximation of the laws of the Member States on cosmetic products (“the Directive”). The Directive has been implemented by the Principal Regulations.

Directive 2005/42/EC amends the Directive by adding 4 substances to the list of banned substances in Annex II and deletes 3 substances from the list of permitted colouring agents in Annex IV with the result that cosmetic products containing these substances will be prohibited (the prohibition on the use of colouring agents does not extend to cosmetic products containing colouring agents intended solely to colour hair). Directive 2005/42/EC also amends the list of permitted preservatives in Part 1 of Annex VI to the Directive by amending entry 53 and by inserting entry 57.

Regulation 2 amends regulation 5, Schedule 5 and 6 respectively in the Principal Regulations to give effect to the above amendments. In accordance with Directive 2005/42/EC, the substances prohibited by these Regulations will be prohibited from 30th March 2006.

Directive 2005/52/EC amends Part 2 of Annex III (list of substances permitted subject to restrictions) to the Directive by changing the date until which substances specified in regulation 2(5)(a) and (b) are permitted to 31st August 2006 and 31st December 2006 respectively. Regulation 2 amends Schedule 4, Part 2 to the Principal Regulations which implements Annex III to give effect to these amendments.

These Regulations also delete entry 29 from Part 2 of Schedule 3 to the Principal Regulations (substances banned for use in fragrances) and inserts it into Part 1 of that Schedule (substances banned for use in all cosmetic products) with the result that the substance in question is now prohibited for all purposes in cosmetic products.

A regulatory impact assessment of the effect that these Regulations will have on costs to business is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET and on the DTI website (www.dti.gov.uk).