Commission Regulation (EU) No 658/2013

of 10 July 2013

amending Annexes II and III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products1, and in particular Article 31(1) thereof,

Whereas:

(1)

Regulation (EC) No 1223/2009 replacing Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products2 will apply from 11 July 2013.

(2)

Annexes II and III to Directive 76/768/EEC were amended by Commission Implementing Directive 2012/21/EU3 after the adoption of the Regulation, by including one hair dye substance into Annex II, 26 hair dye substances into Part 1 of Annex III and by changing the maximum authorised concentrations in the finished cosmetic product for two hair dye substances in Part 1 of Annex III. Those amendments should now be reflected in Regulation (EC) No 1223/2009.

(3)

In accordance with Implementing Directive 2012/21/EU, Member States are to apply the laws, regulations and administrative provisions adopted in order to comply with that Directive from 1 September 2013. Therefore, this Regulation should apply from that date.

(4)

Regulation (EC) No 1223/2009 should therefore be amended accordingly.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Cosmetic Products,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and III to Regulation (EC) No 1223/2009 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 September 2013.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 July 2013.

For the Commission

The President

José Manuel Barroso

ANNEX

Annexes II and III to Regulation (EC) No 1223/2009 are amended as follows:

  1. (1)

    In Annex II, the following entry is added:

    Reference number

    Substance identification

    Chemical name/INN

    CAS number

    EC number

    ‘1373

    N-(2-Nitro-4-aminophenyl)-allylamine (HC Red No 16) and its salts

    160219-76-1’

  2. (2)

    Annex III is amended as follows:

    1. (a)

      The following entries concerning reference numbers 198 to 200 are added:

      Reference number

      Substance identification

      Restrictions

      Wording of conditions of use and warnings

      Chemical name/INN

      Name of Common Ingredients Glossary

      CAS number

      EC number

      Product type, body parts

      Maximum concentration in ready use preparation

      Other

      ‘198

      2,2'-[(4-Aminophenyl)imino]bis(ethanol) sulphate

      N,N-bis(2-Hydroxyethyl)-p-Phenylenediamine Sulfate

      54381-16-7

      259-134-5

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2,5 % (calculated as sulphate)

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

      To be printed on the label:

      The mixing ratio.

      Image_r00001

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      199

      1,3-Benzenediol, 4-chloro-

      4-Chlororesorcinol

      95-88-5

      202-462-0

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2,5 %

      To be printed on the label:

      The mixing ratio.

      Image_r00002

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      200

      2,4,5,6-Tetraaminopyrimidine sulphate

      Tetraaminopyrimidine Sulfate

      5392-28-9

      226-393-0

      (a)

      Hair dye substance in oxidative hair dye products

      (a)

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 3,4 % (calculated as sulphate)

      (a)To be printed on the label:

      The mixing ratio.

      Image_r00003 Hair colorants can cause severe allergic reactions.

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.’

      (b)

      Hair dye substance in non-oxidative hair dye products

      (b)

      3,4 % (calculated as sulphate)

    2. (b)

      The following entries concerning reference numbers 206 to 214 are added:

      206

      3-(2-Hydroxyethyl)-p-phenylenediammonium sulphate

      Hydroxyethyl-p-Phenylenediamine Sulfate

      93841-25-9

      298-995-1

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2,0 % (calculated as sulphate)

      To be printed on the label:

      The mixing ratio.

      Image_r00004

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      207

      1H-Indole-5,6-diol

      Dihydroxyindole

      3131-52-0

      412-130-9

      (a)

      Hair dye substance in oxidative hair dye products

      (a)

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 0,5 %

      (a)To be printed on the label:

      The mixing ratio.

      For (a) and (b):

      Image_r00005

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      (b)

      Hair dye substance in non-oxidative hair dye products

      (b)

      0,5 %

      208

      5-Amino-4-chloro-2-methylphenol hydrochloride

      5-Amino-4-Chloro-o-Cresol HCl

      110102-85-7

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 1,5 % (calculated as hydrochloride)

      To be printed on the label:

      The mixing ratio.

      Image_r00006

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      209

      1H-Indol-6-ol

      6-Hydroxyindole

      2380-86-1

      417-020-4

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 0,5 %

      To be printed on the label:

      The mixing ratio.

      Image_r00007

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      210

      1H-Indole-2,3-Dione

      Isatin

      91-56-5

      202-077-8

      Hair dye substance in non-oxidative hair dye products

      1,6 %

      Image_r00008

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      211

      2-Aminopyridin-3-ol

      2-Amino-3-Hydroxypyridine

      16867-03-1

      240-886-8

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 1,0 %

      To be printed on the label:

      The mixing ratio.

      Image_r00009

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      212

      2-Methyl-1-naphthyl acetate

      1-Acetoxy-2-Methylnaphthalene

      5697-02-9

      454-690-7

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2,0 % (When both 2-Methyl-1-Naphthol and 1-Acetoxy-2-Methylnaphthalene are present in a hair dye formulation, the maximum concentration on the head of 2-Methyl-1-Naphthol should not exceed 2,0 %).

      To be printed on the label:

      The mixing ratio.

      Image_r00010

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      213

      1-Hydroxy-2-methylnaphthalene

      2-Methyl-1-Naphthol

      7469-77-4

      231-265-2

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2,0 % (When both 2-Methyl-1-Naphthol and 1-Acetoxy-2-Methylnaphthalene are present in a hair dye formulation, the maximum concentration on the head of 2-Methyl-1-Naphthol should not exceed 2,0 %.)

      To be printed on the label:

      The mixing ratio.

      Image_r00011

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      214

      Disodium 5,7-dinitro-8-oxido-2-naphthalenesulfonate CI 10316

      Acid Yellow 1

      846-70-8

      212-690-2

      (a)

      Hair dye substance in oxidative hair dye products

      (a)

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 1,0 %

      (a)To be printed on the label:

      The mixing ratio.

      For (a) and (b):

      Image_r00012 Hair colorants can cause severe allergic reactions.

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.’

      (b)

      Hair dye substance in non-oxidative hair dye products

      (b)

      0,2 %

    3. (c)

      The entry with reference number 240 is replaced by the following:

      240

      4-Nitro-1,2-phenylenediamine

      4-Nitro-o-Phenylenediamine

      99-56-9

      202-766-3

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 0,5 %

      To be printed on the label:

      The mixing ratio.

      Image_r00013 Hair colorants can cause severe allergic reactions.

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.’

    4. (d)

      The entry with reference number 251 is replaced by the following:

      251

      2-(4-Amino-3-nitroanilino)ethanol

      HC Red No 7

      24905-87-1

      246-521-9

      Hair dye substance in non-oxidative hair dye products

      1,0 %

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

      Image_r00014 Hair colorants can cause severe allergic reactions.

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.’

    5. (e)

      The entry with reference number 253 is replaced by the following:

      253

      2-[bis(2-Hydroxyethyl)amino]-5-nitrophenol

      HC Yellow No 4

      59820-43-8

      428-840-7

      Hair dye substance in non-oxidative hair dye products

      1,5 %

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

    6. (f)

      The entries with reference numbers 255 and 256 are replaced by the following:

      255

      2-[(2-Nitrophenyl)amino]ethanol

      HC Yellow No 2

      4926-55-0

      225-555-8

      (a)

      Hair dye substance in oxidative hair dye products

      (a)

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 0,75 %

      For (a) and (b):

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

      (a)To be printed on the label:

      The mixing ratio.

      Image_r00015

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      (b)

      Hair dye substance in non-oxidative hair dye products

      b)

      1,0 %

      256

      4-[(2-Nitrophenyl)amino]phenol

      HC Orange No 1

      54381-08-7

      259-132-4

      Hair dye substance in non-oxidative hair dye products

      1,0 %

    7. (g)

      The following entries concerning reference numbers 258 to 264 are added:

      258

      2-Nitro-N1-phenyl-benzene-1,4-diamine

      HC Red No 1

      2784-89-6

      220-494-3

      Hair dye substance in non-oxidative hair dye products

      1,0 %

      Image_r00016

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      259

      1-Methoxy-3-(β-aminoethyl)amino-4-nitrobenzene, hydrochloride

      HC Yellow No 9

      86419-69-4

      415-480-1

      Hair dye substance in non-oxidative hair dye products

      0,5 % (calculated as hydrochloride)

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

      260

      1-(4’-Aminophenylazo)-2-methyl-4-(bis-2-hydroxyethyl) aminobenzene

      HC Yellow No 7

      104226-21-3

      146-420-6

      Hair dye substance in non-oxidative hair dye products

      0,25 %

      261

      N-(2-Hydroxyethyl)-2-nitro-4-trifluormethyl-aniline

      HC Yellow No 13

      10442-83-8

      443-760-2

      (a)

      Hair dye substance in oxidative hair dye products

      (a)

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2,5 %

      For (a) and (b):

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

      (a)To be printed on the label:

      The mixing ratio.

      Image_r00017

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      (b)

      Hair dye substance in non-oxidative hair dye products

      (b)

      2,5 %

      262

      Benzenaminium, 3-[(4,5-dihydro-3-methyl-5-oxo-1-phenyl-1H-pyrazol-4-yl)azo]-N,N,Ntrimethyl-, chloride

      Basic Yellow 57

      68391-31-1

      269-943-5

      Hair dye substance in non-oxidative hair dye products

      2,0 %

      263

      Ethanol, 2,2’-[[4-[(4-aminophenyl)azo]phenyl]imino]bis-

      Disperse Black 9

      20721-50-0

      243-987-5

      Hair dye substance in non-oxidative hair dye products

      0,3 % (of the mixture in the ratio 1:1 of 2,2’-[4-(4-aminophenylazo)phenylimino]diethanol and lignosulfate)

      264

      9,10-Anthracenedione, 1,4-bis[(2,3-dihydroxypropyl)amino]-

      HC Blue No 14

      99788-75-7

      421-470-7

      Hair dye substance in non-oxidative hair dye products

      0,3 %

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

    8. (h)

      The entries with reference numbers 16, 22, 221, 250 are replaced by the following:

      Reference number

      Substance identification

      Restrictions

      Wording of conditions of use and warnings

      Chemical name/INN

      Name of Common Ingredients Glossary

      CAS number

      EC number

      Product type, body parts

      Maximum concentration in ready use preparation

      Other

      ‘16

      1-Naphthalenol

      1-Naphthol

      90-15-3

      201-969-4

      Hair dye substance in oxidative hair dye products

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 2,0 %

      To be printed on the label:

      The mixing ratio.

      Image_r00018

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      22

      1,3-benzenediol

      Resorcinol

      108-46-3

      203-585-2

      (a)

      Hair dye substance in oxidative hair dye products

      (a)

      1. 1.

        general use

      2. 2.

        professional use

      For 1 and 2:

      After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 1,25 %

      1. (a)
        1. 1.

          To be printed on the label:

          The mixing ratio.

          Image_r00019

          Read and follow instructions.

          This product is not intended for use on persons under the age of 16.

          Temporary ‘black henna’ tattoos may increase your risk of allergy.

          Do not colour your hair if:

          • you have a rash on your face or sensitive, irritated and damaged scalp,

          • you have ever experienced any reaction after colouring your hair,

          • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

          Contains resorcinol.

          Rinse hair well after application.

          Rinse eyes immediately if product comes into contact with them.

          Do not use to dye eyelashes or eyebrows.

        2. 2.

          To be printed on the label:

          The mixing ratio.

          For professional use only.

          Contains resorcinol.

          Rinse eyes immediately if product comes into contact with them.

          Image_r00020 Hair colorants can cause severe allergic reactions.

          Read and follow instructions.

          This product is not intended for use on persons under the age of 16.

          Temporary ‘black henna’ tattoos may increase your risk of allergy.

          Do not colour your hair if:

          • you have a rash on your face or sensitive, irritated and damaged scalp,

          • you have ever experienced any reaction after colouring your hair,

          • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      2. (b)

        Contains resorcinol.

      (b)

      Hair lotions and shampoos

      (b)

      0,5 %

      221

      2-(4-Methyl-2-nitroanilino)ethanol

      Hydroxyethyl-2-Nitro-p-Toluidine

      100418-33-5

      408-090-7

      (a)

      Hair dye substance in oxidative hair dye products

      (a)After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 1,0 %

      For (a) and (b):

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

      (a)To be printed on the label:

      The mixing ratio.

      Image_r00021

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.

      (b)

      Hair dye substance in non-oxidative hair dye products

      (b)

      1,0 %

      250

      1-Amino-2-nitro-4-(2’,3’-dihydroxypropyl)amino-5-chlorobenzene + 1,4-bis-(2’,3’-dihydroxypropyl)amino-2-nitro-5-chlorobenzene

      HC Red No 10 + HC Red No 11

      95576-89-9 + 95576-92-4

      (a)

      Hair dye substance in oxidative hair dye products

      (a)After mixing under oxidative conditions the maximum concentration applied to hair must not exceed 1,0 %

      For (a) and (b):

      • Do not use with nitrosating agents

      • Maximum nitrosamine content: 50 μg/kg

      • Keep in nitrite-free containers

      (a)To be printed on the label:

      The mixing ratio.

      Image_r00022 Hair colorants can cause severe allergic reactions.

      Read and follow instructions.

      This product is not intended for use on persons under the age of 16.

      Temporary ‘black henna’ tattoos may increase your risk of allergy.

      Do not colour your hair if:

      • you have a rash on your face or sensitive, irritated and damaged scalp,

      • you have ever experienced any reaction after colouring your hair,

      • you have experienced a reaction to a temporary ‘black henna’ tattoo in the past.’

      (b)

      Hair dye substance in non-oxidative hair dye products

      (b)

      2,0 %