EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Cosmetic Products (Safety) Regulations 2004 (“the Principal Regulations”) to prohibit the supply of cosmetic products that include a substance listed as category 1 material or category 2 material in Regulation (EC) No 1774/2002 (O.J. No. L273, 10.10.2002, p.1) (there are no relevant amendments to this instrument).

They give effect to Commission Directive 2006/78 (O.J. No. L271, 30.9.2006, p.56) 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 Principal Directive”). The Principal Directive has been implemented by the Principal Regulations.

Regulation 2(2) substitutes a new prohibition on the use of certain animal by products in cosmetic products for that in regulation 5(3) of the Principal Regulations. The new prohibition applies to cosmetic products containing any of the specified animal by products, whatever the country of source. Regulations 2(3) and 2(4) consequentially repeal regulation 5(5), 5(6) and Schedule 8 of the Principal Regulations.

A regulatory impact assessment of the effect that these Regulations will have on costs to businesses together with a transposition note is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET, from the DTI website (www.dti.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).