http://www.legislation.gov.uk/eur/2009/1223/chapter/XRegulation (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 10<Substitution ChangeId="key-50e4c12df1b83f998caf7d10574a5a72" CommentaryRef="key-50e4c12df1b83f998caf7d10574a5a72">POWERS AND FURTHER DUTIES OF THE SECRETARY OF STATE</Substitution><Substitution ChangeId="key-50e4c12df1b83f998caf7d10574a5a72" CommentaryRef="key-50e4c12df1b83f998caf7d10574a5a72">Power to amend Articles</Substitution>Article 301.Where the Secretary of State considers it necessary to do so to take technical progress into account, the Secretary of State may by regulations amend—apoint (k) of Article 2(1) (nanomaterials);bparagraphs 1, 2 and 6 to 12 of Article 13 (notification) to add requirements; orcparagraphs 3, 4 and 11 to 13 of Article 16 (nanomaterials) to add requirements.2.The Secretary of State may by regulations amend paragraph 3 of Article 2(2) to reflect any changes in the name or structure of the recognised standardisation bodies.3. Where the conditions in paragraph 4 are met, the Secretary of State may by regulations amend Article 16(1) to extend the provisions of Article 16 to nanomaterials used as colourants, UV-filters or preservatives that are regulated under Article 14. 4.The conditions referred to in paragraph 3 are that the Secretary of State considers that it is necessary to do so in view of—asafety concerns raised by a competent authority; orbscientific or technical evidence that there are safety concerns relating to colourants, UV filters or preservatives regulated under Article 14.5.The Secretary of State may amend Article 14(1)(c) to extend its scope to hair colouring products.<Substitution ChangeId="key-50e4c12df1b83f998caf7d10574a5a72" CommentaryRef="key-50e4c12df1b83f998caf7d10574a5a72">Power to amend the annexes</Substitution>Article 311The Secretary of State may by regulations amend—aAnnex 1 where the Secretary of State considers there is sufficient scientific evidence that it is necessary to do so to ensure the safety of cosmetic products;bAnnexes 2 to 6 where the Secretary of State considers that there is sufficient scientific evidence that there is a potential risk to human health arising from the use of a substance in a cosmetic product;cAnnexes 2 or 3 where the Secretary of State considers that there is insufficient data to be able to determine whether there is a potential risk to human health;dAnnexes 3 to 6 and 8 where the Secretary of State considers that there is sufficient scientific evidence that it is necessary to do so to take technical progress into account;eAnnex 4 to extend its scope to hair colouring products.fAnnex 2 to add a substance classified as a CMR substance of category 1A, 1B or 2 under Regulation (EC) No 1272/2008;gAnnexes 3 to 6—ito allow a substance classified as a CMR substance of category 2 under Regulation (EC) No 1272/2008 to be used in cosmetic products where the Secretary of State considers that there is sufficient scientific evidence that the substance is safe for use in cosmetic products;iito allow a substance classified as a CMR substance of category 1A or 1B under Regulation (EC) No 1272/2008 to be used in cosmetic products where the conditions in point (h) are met;iiito make provision as to labelling in order to implement Article 15(2);hthe conditions referred to in point (g)(ii) are that—ithe CMR substance complies with the food safety requirements as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council of January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;iian analysis of alternative substances has been undertaken and concluded that there are no suitable alternative substances available;iiian application to the Secretary of State is made for a particular use of the product category with a known exposure;ivthe Secretary of State considers that there is sufficient scientific evidence that the CMR substance has been evaluated and found safe for use in cosmetic products; andvthe evaluation referred to in point (iv) took into account exposure to the product and overall exposure to the CMR substance from other sources, particularly for vulnerable population groups.<Substitution ChangeId="key-50e4c12df1b83f998caf7d10574a5a72" CommentaryRef="key-50e4c12df1b83f998caf7d10574a5a72">Procedure for making regulations</Substitution>Article 321Regulations made under Articles 30 or 31 may—amake different provisions for different cases; andbmake such supplementary, transitional, transitory, consequential or saving provision as the Secretary of State considers appropriate.3Regulations made under Articles 30 or 31 are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.<Substitution ChangeId="key-50e4c12df1b83f998caf7d10574a5a72" CommentaryRef="key-50e4c12df1b83f998caf7d10574a5a72">Further duties of the Secretary of State</Substitution>Article 331.The Secretary of State must establish and operate a database containing information relating to cosmetic products which have been made available on the market.2.The Secretary of State must publish guidance to enable undertakings to comply with the requirements in Annex 1.3.Before publishing guidance referred to in paragraph 1, the Secretary of State must—aconsult such persons as the Secretary of State considers have an interest in the guidance;bconsider how the guidance can be made accessible to business with fewer than 250 members of staff.4.The Secretary of State must publish the reference to a glossary of common ingredient names and the glossary must be easily accessible and free to use.Competent authorities, poison control centres or assimilated entitiesArticle 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Annual report on animal testingArticle 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Formal objection against harmonised standardsArticle 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PenaltiesArticle 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .RepealArticle 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Transitional provisionsArticle 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Entry into force and date of applicationArticle 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ch. 10 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. 27 (as amended by S.I. 2019/1246, regs. 1(3), 8(e)(i)(ii); and S.I. 2020/676, regs. 1(1), 3); 2020 c. 1, Sch. 5 para. 1(1)Copies of the glossary of common ingredients is available from the Office of Product Safety and Standards, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H OET.