http://www.legislation.gov.uk/eur/2009/1223/chapter/IVRegulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (Text with EEA relevance)Regulation (EC) No 1223/2009 of the European Parliament and of the CouncilRegulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (Text with EEA relevance)King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R1223-20201203texttext/xmlen2026-01-22Expert Participation2026-01-21 CHAPTER IVRESTRICTIONS FOR CERTAIN SUBSTANCESRestrictions for substances listed in the AnnexesArticle 141Without prejudice to Article 3, cosmetic products shall not contain any of the following:aprohibited substancesprohibited substances listed in Annex II;brestricted substancesrestricted substances which are not used in accordance with the restrictions laid down in Annex III;ccolorants Subject to point (iii) colorants other than those listed in Annex IV and colorants which are listed there but not used in accordance with the conditions laid down in that Annex, ...;without prejudice to points (b), (d)(i) and (e)(i), substances which are listed in Annex IV but which are not intended to be used as colorants, and which are not used in accordance with the conditions laid down in that Annex;point (c)(i) does not apply to hair colouring products;dpreservativespreservatives other than those listed in Annex V and preservatives which are listed there but not used in accordance with the conditions laid down in that Annex;without prejudice to points (b), (c)(i) and (e)(i), substances listed in Annex V but which are not intended to be used as preservatives, and which are not used in accordance with the conditions laid down in that Annex;eUV-filtersUV-filters other than those listed in Annex VI and UV-filters which are listed there but not used in accordance with the conditions laid down in that Annex;without prejudice to points (b), (c)(i) and (d)(i), substances listed in Annex VI but which are not intended to be used as UV-filters and which are not used in accordance with the conditions laid down in that Annex.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Substances classified as CMR substancesArticle 151 A cosmetic product must not contain a substance classified as a CMR substance of category 1A, 1B or 2 under Regulation (EC) No 1272/2008, unless the substance is included in any of Annexes 3 to 6.2 Where a CMR substance of category 1A or 1B is permitted for use in cosmetic products, specific labelling in order to avoid misuse of the cosmetic product must be provided in accordance with Article 3 of this Regulation, taking into account possible risks linked to the presence of hazardous substances and the routes of exposure.NanomaterialsArticle 161The provisions of this Article do not apply to nanomaterials used as colourants, UV-filters or preservatives that are regulated under Article 14.2A cosmetic product containing nanomaterials must be notified in accordance with paragraph 3.3To meet the requirements of paragraph 2, the information set out in paragraph 4 must be submitted by electronic means—ato the Secretary of State;bby the responsible person; andcat least six months prior to the cosmetic product being placed on the market.4The information referred to in paragraph 3 must contain—athe identification of the nanomaterial including its chemical name (IUPAC) and other descriptors as specified in point 2 of the Preamble to Annexes 2 to 6 to this Regulation;bthe specification of the nanomaterial including size of particles and chemical properties;can estimate of the quantity of nanomaterials contained in cosmetic products intended to be placed on the market per year;dexcept where paragraph 13 applies, the toxicological profile of the nanomaterial;ethe safety data of the nanomaterial relating to the category of cosmetic product, as used in such products;fthe reasonably foreseeable exposure conditions.5Paragraph 6 applies in relation to a cosmetic product containing nanomaterials where prior to IP completion day—athe cosmetic product has been supplied on the market of the United Kingdom or the market of any EEA state for distribution, consumption or use in the course of a commercial activity (whether in return for payment or free of charge); andba responsible person designated under Article 4 of the EU Regulation (pre-exit) has complied with Article 16 of that Regulation in relation to that product.6Where this paragraph applies—aif the cosmetic product containing nanomaterials is placed on the market at any time before the expiry of the transitory period, subject to subparagraph (b) paragraphs 2 and 3 are to have effect as if they required the information specified in paragraph 4 before the end of the transitory period; andbparagraphs 2 and 3 are to be treated as being satisfied in respect of the cosmetic product where—ibefore the end of the transitory period, the responsible person for the cosmetic product submits to the Secretary of State by electronic means the information set out in paragraph 4; andiiwhen submitting that information, the responsible person at the same time gives notice confirming the matters set out in paragraph 5 in relation to the cosmetic product;cif at any time a request is made to the responsible person by a competent authority in accordance with paragraphs 9 and 10, the responsible person must comply with the request within the period specified in the request.7Paragraph 8 applies in relation to a cosmetic product containing nanomaterials where—aprior to IP completion day a responsible person designated under Article 4 of the EU Regulation (pre-exit) has complied with the requirements of Article 16 of that Regulation in relation to that product; andbthe period between the day on which IP completion day falls and the day on which the person designated under Article 4 of the EU Regulation (pre-exit) complied with Article 16 of that Regulation is less than six months.8Where this paragraph applies—aparagraphs 2 and 3 are to be treated as being satisfied where—ia period of 7 months has elapsed between the day on which the responsible person designated under Article 4 of the EU Regulation (pre-exit) complied with Article 16 of that Regulation and the day on which the responsible person places the cosmetic product on the market;iibefore the expiry of the transitory period, the responsible person for that cosmetic product submits to the Secretary of State the information set out in paragraph 4; andiiiwhen submitting that information, the responsible person at the same time gives notice confirming the matters set out in paragraph 7; andbif at any time a request is made to the responsible person by a competent authority in accordance with paragraphs 9 and 10, the responsible person must comply with the request within the period specified in the request.9Where a competent authority has concerns regarding the safety of a nanomaterial, the competent authority may request that a responsible person submits the following information to the competent authority—awhich nanomaterials are used in a cosmetic product; andbthe reasonably foreseeable exposure conditions.10When a competent authority makes a request under paragraph 9, the competent authority must specify a period—awithin which the responsible person must respond; andbwhich is reasonable and commensurate with the nature of the concerns held by the competent authority.11Where paragraph 12 applies, the information set out in paragraph 4 may be provided by the person designated in accordance with that paragraph on behalf of the responsible person.12.This paragraph applies where—athe responsible person designates another person by written mandate to meet the notification requirements under this Article in respect of a cosmetic product on that responsible person's behalf (“the designated person”);bthe designated person accepts the designation in writing; andcthe responsible person informs the Secretary of State of the name and address of that designated person.13.The Secretary of State may provide a reference for the toxicological profile and that reference may be provided in the place of the information referred to in paragraph 4(d).Traces of prohibited substancesArticle 17The non-intended presence of a small quantity of a prohibited substance, stemming from impurities of natural or synthetic ingredients, the manufacturing process, storage, migration from packaging, which is technically unavoidable in good manufacturing practice, shall be permitted provided that such presence is in conformity with Article 3.Words in Art. 14(1)(c)(i) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 14(a)(i) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)Words in Art. 14(1)(c)(i) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 14(a)(ii) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)Art. 14(1)(c)(iii) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 14(b) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)Art. 14(2) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 14(c) (as amended by S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)Art. 15 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 15 (as amended by S.I. 2019/1246, regs. 1(3), 8(c)(i)(ii); and S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)Art. 16 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 34 para. 16 (as amended by S.I. 2020/676, regs. 1(1), 3 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(t)(v)); 2020 c. 1, Sch. 5 para. 1(1)