Draft proposal on the amendment of Regulation 1223/2009
The European Commission has published a draft of a Regulation to introduce amendments to the lists of ingredients contained in the Annexes of the current Regulation on cosmetic products, namely Annexes II, III and V. This means that the list of ingredients that are prohibited or restricted will increase, as well as the introduction of changes to the list of preservatives.
This draft arose from the need to clarify the legal status of a number of substances that have received a classification of CMR under the different amendments introduced into said legislation. We must remember that under the current legal scope, substances that are assigned a classification under any of the CMR categories are not automatically excluded from their use in cosmetic products, but they might still be used under a number of provisions. The official stance of the European Commission is that these ingredients can still be used as long as they are not explicitly prohibited or limited under the annexes of Regulation 1223/2009, and they comply with the conditions established in said regulation for the use of these substances.
With this reform, the intention is to remove any doubts about the interpretation of the current legal status of a multitude of ingredients. Due to the high number of them, it´s difficult to summarise into this post. We recommend you take a look at the lists. However, we will highlight the following:
- Formaldehyde will be included in Annex II
- The entry on Hydrogen Peroxide in Annex III has been modified.
- Entry on Polyaminopropylbiguanide in Annex V has been modified to change the concentration.
You can find the draft documents that have been published attached below. But remember, they are only drafts.