Cosmetics Directive simplification
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The Commission is proposing to simplify the Cosmetics Directive 76/768/EEC of 27 July 1976 in the form of a recast.
This proposal pursues three objectives:
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To remove legal uncertainties and inconsistencies. These inconsistencies can be explained by the high number of amendments (55 to date) and the complete absence of any set of definitions. This objective also includes several measures to facilitate management of the Cosmetics Directive with regard to implementing measures.
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To avoid divergences in national transposition which do not contribute to product safety but instead add to the regulatory burden andadministrative costs.
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To ensure that cosmetic products placed on the EU market are safe in the light of innovation in this sector.
A public consultation on the simplification of the Cosmetics Directive was launched on 12 January 2007 and closed on 16 March 2007. On the basis of the responses to this public consultation, as well as several Commission studies, the Commission has engaged into an extensive impact assessment. Finally, the Commission proposal for a "Cosmetics Regulation" was adopted on 5 February 2008. Two crucial elements of the recast:
- Cosmetics safety assessment.
Annex I of the proposal sets out the requirements for the cosmetic product safety assessment in terms of content. The concept of a cosmetic product safety assessment is not new. The Cosmetics Directive already contained the requirement to undertake such an assessment prior to placing the product on the market. However, the information to be contained in this safety assessment was never specified, with the practical implication that the safety assessment never took on the important role that it was meant to play within the current legal framework. A crucial element of the recast is clarification as to what information has to becontained in the cosmetic product safety assessment to provide evidence of the safetyof the cosmetic product placed on the market.
CMR Substances
The Commission has proposed that substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR) 1 and 2 will be allowed in products under strict conditions if declared safe by the Scientific Committee for Consumer Products. These substances are currently automatically banned in cosmetics without consideration of exposure which could mean that certain CMR substances are hazardous but do not pose a risk to human health.
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