(1)    These Regulations may be cited as the Cosmetic Products (Safety) (Amendment No 3) Regulations 2009.

(2)    Regulation 2 shall come into force on 15th May 2010, except that in relation to Regulation 2(b)(ii)(bb) the deletion of the entry relating to reference number 57 shall come into force on 14th October 2009.

(3)    In these Regulations “the Principal Regulations” means the Cosmetic Products (Safety) Regulations 2008.

The Principal Regulations are amended as follows—

(a)    in Schedule 2 delete the paragraphs after paragraph 55, and replace with paragraphs 56 to 59 in Schedule 1 to these Regulations.

(b)    in Schedule 4—

(i)    in Part 1, after entry 188 insert entries 189 to 205 set out in Schedule 2 to these Regulations; and

(ii)    in Part 2—

(aa)    in columns “c” and “d” of the entry relating to reference number 55, section “b” is deleted;

(bb)    the entries relating to reference numbers 7, 9, 14, 18, 24, 28, 47, 57, and 58 are deleted.

Kevin Brennan

Minister of State for Further Education, Skills, Apprenticeships and Consumer Affairs

Department for Business, Innovation and Skills

21st September 2009

Commission Directive 2008/88/EC (OJ No L256, 24.9.2008, p 12).

Commission Directive 2008/123/EC (OJ No L340, 19.12.2008, p 71–72).

Commission Directive 2009/6/EC (OJ No L36, 5.2.2009, p 15–17).

Commission Directive 2009/36/EC (OJ No L98, 17.4.2009, p 31–37).”

These Regulations amend the Cosmetic Products (Safety) Regulations 2008 (SI 2008/1284) (“the Principal Regulations”) to give effect to Commission Directive 2009/36/EC, (OJ L98/31, 17.4.2009), as amended by corrigendum, (OJ L103/30, 23.4.2009), and, in part, to Commission Directive 2008/88/EC (OJ L256/12, 24.9.2008), as amended by corrigendum, (OJ L263/26, 2.10.2008) (“the Directives”). Directive 2008/88 was partly implemented by SI 2009/796. The Directives amend Council Directive 76/768/EEC (OJ No L262, 27.9.76, p 169) on the approximation of the laws of the Member States on cosmetic products. Council Directive 76/768/EEC (as previously amended) has been implemented by the Principal Regulations.

Regulation 2(a) adds Directive 2009/36/EC to Schedule 2 to the Principal Regulations, namely, the list of Directives implemented by the Principal Regulations. It also corrects the paragraph numbering of the Directives listed in Schedule 2.

Regulation 2(b)(i) amends Part 1 of Schedule 4 to the Principal Regulations (list of substances which cosmetic products must not contain except subject to restrictions and conditions) and Regulation 2(b)(ii) amends Part 2 of Schedule 4 to the Principal Regulations (substances listed in Part 2 of Annex III to the Directive which are provisionally allowed). Regulation 2 shall come into force on 15 May 2010 except for the deletion of the entry relating to reference number 57 in Part 2 of Schedule 4 (Regulation 2(b)(ii)(bb)) which comes into force on 14 October 2009. The deletion of the entry relating to reference number 57 implements part of Directive 2008/88/EC.

An impact assessment has not been produced for this instrument as it has no significant impact on the costs of business.

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, Innovation and Skills, 1 Victoria Street, London SW1H 0ET.