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The Cosmetic Products (Safety) (Amendment) (No.2) Regulations 2004

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This is the original version (as it was originally made).

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Cosmetic Products (Safety) Regulations 2004 (S.I. 2004/2152) (“the Principal Regulations”).

The Principal Regulations implement Council Directive 76/768/EEC (O.J. No. L262 27.9.1976, p.169) (“the Directive”) on the approximation of the laws of the Member States relating to cosmetic products (as amended). These Regulations implement Commission Directives 2004/87/EC (O.J. No. L287, 8.9.2004, p.4), 2004/88/EC (O.J. No. L287, 8.9.2004, p.5) and 2004/93/EC (O.J. No. L300, 25.9.2004, p.13) which amend Annexes II and III to the Directive. They also correct errors in the Principal Regulations.

The main changes made to the Principal Regulations are as follows: regulation 2(2)(a) implements Directive 2004/93/EC by replacing the prohibition on the use of substances classified as carcinogenic, mutagenic or toxic to reproduction (“CMR's”). The new prohibition applies only to CMR's listed in Annex II to the Directive. Regulation 2(5)(b) provides that no proceedings or enforcement action shall be taken in relation to the previous prohibition.

Regulations 2(8)(a)(iv) and 2(8)(b)(ii) implement Directive 2004/88/EC by inserting and deleting various substances in Schedule 4 to the Principal Regulations.

Regulation 2(8)(b)(i) implements Directive 2004/87/EC by postponing until 31st December 2005 the date until which the substances listed in Part 2 of Schedule 4 are permitted.

A regulatory impact assessment has not been produced for this instrument. A full regulatory impact assessment of the effect that the Principal Regulations will have on costs to business is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. 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 of Trade and Industry, 1 Victoria Street, London SW1H 0ET.

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