The Cosmetic Products (Safety) (Amendment No. 2) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Cosmetic Products (Safety) Regulations 2008 (S.I. 2008/1284) (“the Principal Regulations”) to give effect to Commission Directive 2008/42/EC (O.J. No. L93, 4.4.08, p.13) (“the Directive”). The Directive amends Council Directive 76/768/EEC (O.J. L262, 27.9.76, p.169) on the approximation of the laws of the Member States on cosmetic products (the Principal Directive). The Principal Directive has been implemented by the Principal Regulations.

The Directive amends the Principal Directive by inserting an entry into Annex II relating to Exudation of Myroxylon pereirae and inserting, amending or deleting entries in Annex III. These entries relate to substances used as fragrance compounds in cosmetic products. Paragraphs (b) and (c) of regulation 2 amend Schedules 3 and 4 of the Principal Regulations accordingly. Paragraph (a) of Regulation 2 provides that products in entries 72, 73, 88 and 89 in Part 1 of Schedule 4 to the Principal Regulations which fail to comply with the restrictions in those entries, as amended, may not be placed on the market after 3rd April 2009 by EEA manufacturers or importers established in the EEA, and may not be sold or otherwise disposed of to a final consumer after 4th October 2009.

A regulatory impact assessment of the effect that these Regulations will have on costs to businesses is available from the Consumer and Competition Policy Directorate of the Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET and on the BERR website (www.berr.gov.uk). 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 for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London SW1H 0ET.