The Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Cosmetic Products (Safety) Regulations 2004 (S.I. 2004/2152) (“the Principal Regulations”). They give effect for the first time to Commission Directives 2007/1/EC (O.J. No L25, 01/02/2007, p.9) and 2007/17/EC (O.J. No. L82, 23/03/2007, p.27) which amend Council Directive 76/768/EEC (O.J. L262, 27.09.1976, p.169) on the approximation of the laws of the Member States relating to cosmetic products (“the Principal Directive”). The Principal Directive has been implemented by the Principal Regulations.

These Regulations also revoke provisions in the Regulations listed in Schedule 1 which previously gave effect to parts of the following Commission Directives which amended the Principal Directive: 2004/93/EC (O.J. L300 25/09/2004 p.13), 2005/42/EC (O.J. L158 21.6.2005 p.17), 2005/80/EC (O.J. L303 22/11/2005 p.32) and 2006/65/EC (O.J L198 20/07/2006 p.11).

Directive 2007/1/EC adds ten substances to those prohibited in hair dyes. Directive 2007/17/EC adds four substances to those which cosmetic products may not use except subject to restrictions and conditions and amends the list of preservatives which may be used in cosmetic products.

Regulation 2(2) amends regulation 5(2)(c) to allow cosmetic products containing the four additional substances to be placed on the market before 23rd march 2008 and disposed of to the final consumer until 23rd June 2008. These substances are added to Part 1 of Schedule 4 to the Principal Regulations by regulation 2(4) and Part 1 of Schedule 2.

Regulation 2(3) replaces paragraph 15 of regulation 5 with a consolidated list of cross references to Annex II to the Principal Directive as amended, incorporating the amendments made by Directive 2007/1/EC. Regulation 3 makes consequential revocations.

Regulation 2(5) and Parts 2 and 3 of Schedule 2 amend Part 1 of Schedule 6 to the Principal Regulations to give effect to the changes made by Directive 2007/17/EC.

A regulatory impact assessment of the effect that these Regulations will have on costs to businesses together with a transposition note is available from the Consumer and Competition Policy Directorate of the Department for Business, Enterprise & Regulatory Reform, 1 Victoria Street, London SW1H 0ET. The regulatory impact assessment is also available from the BERR website (www.berr.gov.uk) and is annexed to the Explanatory Memorandum which is available with the instrument on the OPSI website (www.opsi.gov.uk).