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STATUTORY INSTRUMENTS

2006 No. 1198

CONSUMER PROTECTION

The Cosmetic Products (Safety) (Amendment) Regulations 2006

  Made 27th April 2006 
  Laid before Parliament 28th April 2006 
  Coming into force 22nd May 2006 

The Secretary of State makes the following Regulations in exercise of the powers conferred upon him by section 11 of the Consumer Protection Act 1987[1] and section 2 of the European Communities Act 1972[2].

     In accordance with section 11(5) of that Act he has consulted such organisations as appear to him to be representative of interests substantially affected by the following Regulations, such other persons as he considers appropriate and the Health and Safety Commission.

     The Secretary of State is a Minister designated[3] for the purposes of section 2 of the European Communities Act 1972 in relation to measures for safety and consumer protection as respects cosmetic products and any provisions concerning the composition, and marketing of cosmetic products.

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment) Regulations 2006 and shall come into force on 22nd May 2006.

    (2) In these Regulations "the Principal Regulations" means the Cosmetic Products (Safety) Regulations 2004[4].

Amendment to the Principal Regulations
     2. —(1) The Principal Regulations are amended as follows.

    (2) In regulation 5(15)(a) for "under entry numbers 452 to 1132 (inserted into the Directive by Directive 2004/93/EC)" substitute "under entry numbers 452 to 614 and 617 to 1132 (inserted into the Directive by Directive 2004/93/EC with entry 687 as amended by Directive 2005/80/EC)".

    (3) After regulation 5(15)(b) insert—

    (4) In Schedule 2 (List of Directives amending Directive 76/867/EEC) at the end there is inserted—

    (5) Schedule 4 Part 1 (Substances which cosmetic products must not contain except subject to restrictions) is amended as follows—


Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs Department of Trade and Industry

27th April 2006


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Cosmetic Products (Safety) Regulations 2004 ("the Principal Regulations") to give effect to Commission Directive 2005/80/EC (O.J. No. L303, 22.11.2005, p.32) which amends Council Directive 76/768/EEC (O.J. L262, 27.9.1976, p.169) on the approximation of the laws of the Member States on cosmetic products ("the Directive"). The Directive has been implemented by the Principal Regulations.

Regulation 2(2) and (3) amends the list of substances which cosmetic products may not contain by adding further substances which are classified as carcinogenic, mutagenic or toxic to reproduction. Regulation 2(5) amends the list of substances in Part 1 of Schedule 4 to the Principal Regulations which cosmetic products must not contain except subject to restrictions.

A regulatory impact assessment of the effect that these Regulations will have on costs to businesses is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET and on the DTI website (www.dti.gov.uk).

Notes:

[1] 1987 c. 43.back

[2] 1972 c. 68.back

[3] S.I. 1972/1811 and 1993/2661.back

[4] S.I. 2004/2152 as amended by 2004/2361, 2004/2988, 2005/1815 and 2005/3346.back


ISBN 0 11 074539 6


 © Crown copyright 2006

Prepared 8 May 2006

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URL: https://www.bailii.org/uk/legis/num_reg/2006/20061198.html