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

Amendment to the Principal Regulations

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

(2) In regulation 5—

(a) for paragraph (15) there is substituted—

“(15) No cosmetic product containing any substance listed in Annex II to the Directive under entry numbers 452 to 1132 (inserted into the Directive by Directive 2004/93/EC) shall be —

(a) placed on the market after 1st January 2005;

(b) supplied after 1st April 2005.”

(b) in paragraph (16), “and (15)” is omitted.

(3) In regulation 12(1), for “12” there is substituted “11”.

(4) In regulation 13(2) for “under” there is substituted “of contravening a requirement of”.

(5) In regulation 16—

(a) in paragraph (1)(a), for “5(11) and 5(12)” there is substituted “paragraphs 11 to 13 of regulation 5”;

(b) after paragraph (3) there is inserted the following—

“(3A) No proceedings shall be brought or enforcement action taken in respect of any contravention of a requirement of regulation 5(15) as it had effect before 8th December 2004.

(3B) No proceedings shall be brought or enforcement action taken in respect of any supply before 8th December 2004 of a cosmetic product containing any of the substances numbered 1 to 60 in Part 2 of Schedule 4 to these Regulations provided that—

(a) any requirements contained in columns 1 to 6 of Part 2 of Schedule 4 in relation to that substance were satisfied; and

(b) the cosmetic product satisfied the requirements of these Regulations, other than the requirements listed in Schedule 4.”

(6) At the end of Schedule 2 there is inserted—

“38.   Commission Directive 2004/87 (O.J. No. L287, 8.9.2004, p.4).

39.   Commission Directive 2004/88/EC (O.J. No. L287, 8.9.2004, p.5).

40.   Commission Directive 2004/93 (O.J. No. L300, 25.9.2004, p.13).

41.   Commission Directive 2004/94/EC (O.J. No. L294, 17.9.2004, p.28).”

(7) In Part 1 of Schedule 3, in entry 425 the following words are omitted—

• “(except lead acetate subject to the restrictions laid down in entry number 55 in Part 1 of Schedule 4)”.

(8) In Schedule 4—

(a) in Part 1—

(i) for entries 51, 53, 65 and 66 there are substituted the entries in the table in Part 1 of the Schedule to these Regulations;

(ii) for entry 55 there is substituted “ENTRY DELETED”;

(iii) in entry 60, in the fifth column, for “materials” where it first appears, there is substituted “materials)”;

(iv) at the end, there are inserted the entries in Part 2 of the Schedule to these Regulations;

(b) in Part 2—

(i) in entries 1 to 60, for the date “30.9.2004” in the seventh column, wherever it occurs there is substituted “31.12.2005”;

(ii) entries 61 and 62 are omitted.

(9) In Part 1 of Schedule 5 in entry 42051 there is inserted “E131” in the fourth column (Other requirement);

(10) In Schedule 6—

(a) in the first paragraph, for “not calculated” there is substituted “be calculated”;

(b) in second paragraph—

(i) for “In column 4” there is substituted “In column 5”;

(ii) for “the limit set out in that column” there is substituted “the limit set out in column 4”;

(c) in Part 1—

(i) for entry 5 there is substituted the entry in the table in Part 3 of the Schedule to these Regulations;

(ii) in entry 54, in the fourth column for “benzalkonoium” there is substituted “benzalkonium”.

(11) In Part 1 of Schedule 7—

(a) in entry 11, for “Polyacrylamidomethyl” there is substituted “[Polyacrylamidomethyl”;

(b) in entry 19, for “[3-Benzylidene camphor” there is substituted “[3-Benzylidene camphor]”.

(12) Schedule 13 is omitted.