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

Amendment of the Principal Regulations

2.—(1) The Principal Regulations are amended as follows.

(2) The following is substituted for paragraph 2(c) of regulation 5—

“(c) any substance listed in column 2 of Schedule 4, unless the requirements in columns 3, 4, 5 and (in the case of Part II) 7 of that Schedule in relation to that substance are satisfied, except that, in relation to the substances listed in entry numbers 98 to 101, the prohibition shall not apply to the placing on the market of a cosmetic product before 23rd March 2008 or the sale or disposal to the final consumer of any such product before 24th June 2008;”.

(3) The following is substituted for paragraph 15 of regulation 5—

“(15) No cosmetic product containing any substance listed in Annex II to the Directive—

(a) under entry numbers 452 to 614 and 617 to 1132 (inserted into the Directive by Directive 2004/93/EC, entries 615 and 616 were omitted by Directive 2005/80/EC, entry 663 was amended by Directive 2007/1/EC and entry 687 was amended by Directive 2005/80/EC) shall be placed on the market or supplied;

(b) under entry numbers 1133 to 1136 (inserted into the Directive by Directive 2005/42/EC) shall be placed on the market or supplied;

(c) under entry numbers 1137 to 1181 and 1183 to 1211 (inserted into the Directive by Directive 2005/80/EC, entry 1182 was omitted by Directive 2007/1/EC) shall be placed on the market or supplied;

(d) under entry numbers 1212 to 1233 (inserted into the Directive by Directive 2006/65/EC) shall be placed on the market or supplied;

(e) under entry numbers 1234 to 1243 (inserted into the Directive by Directive 2007/1/EC) shall be sold or disposed of to the final consumer after 20th February 2008,

provided that no account shall be taken of any substance which is present only as a trace which could not reasonably have been removed during or after manufacture.”.

(4) At the end of Schedule 2 (List of Directives amending Directive 76/768/EEC) there is inserted—

“48.   Commission Directive 2007/1/EC (O.J. No. L25, 01/02/2007, p.9).

49.   Commission Directive 2007/17/EC (O.J. No. L82, 23/03/2007, p.27).”.

(5) At the end of Part 1 of Schedule 4 there are inserted the entries and end notes in Part 1 of Schedule 2 to these Regulations.

(6) Part 1 of Schedule 6 (List of preservatives which cosmetic products must not contain except subject to restrictions) is amended as follows—

(a) in column 5, “A” is deleted in entry numbers 1, 2, 4, 7, 12, 14, 18, 19, 21, 22, 24, 25, 26, 27, 28, 29, 30, 32, 33, 35, 37, 42 and 47;

(b) in column 5, “A” is inserted in entry numbers 5 and 43;

(c) for entry number 1 there are substituted the entries in Part 2 of Schedule 2 to these Regulations;

(d) for entry number 8 there is substituted the entry in Part 3 of Schedule 2 to these Regulations; and

(e) entry number 36 is deleted and there is inserted in its place in column 1 “ENTRY DELETED”.

(7) The changes made by regulation 2(6) to Schedule 6 shall not apply in relation to the placing on the market of any cosmetic product before 23rd March 2008 or the sale or disposal of any such product to a final consumer before 24th June 2008.