Commission Regulation (EU) 2017/237 of 10 February 2017 amending Annex III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (Text with EEA relevance. )

• Published date: 11 February 2017
• Subject Matter: Technical barriers,Consumer protection,Approximation of laws
• Official Gazette Publication: Official Journal of the European Union, L 36, 11 February 2017

11.2.2017 EN Official Journal of the European Union L 36/12

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COMMISSION REGULATION (EU) 2017/237

of 10 February 2017

amending Annex 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 products (1), and in particular Article 31(1) thereof,

Whereas:

(1) Following the publication of a scientific study in 2001, entitled ‘Use of permanent hair dyes and bladder cancer risk’, the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers, subsequently replaced by the Scientific Committee on Consumer Products (SCCP) pursuant to Commission Decision 2004/210/EC (2), concluded that the potential risks of the use of hair dyes were of concern. The SCCP, in its opinions, recommended that the Commission take further steps to control the use of hair dye substances.

(2) The SCCP further recommended an overall safety assessment strategy for hair dye substances including the requirements for testing substances used in hair dye products for their potential genotoxicity or carcinogenicity.

(3) Following the opinions of the SCCP, the Commission agreed with Member States and stakeholders on an overall strategy to regulate substances used in hair dye products according to which the industry was required to submit files, containing updated scientific data on the safety of hair dye substances, for a risk assessment by the SCCP.

(4) The SCCP, subsequently replaced by the Scientific Committee on Consumer Safety (SCCS) pursuant to Commission Decision 2008/721/EC (3), assessed the safety of individual hair dye substances for which updated files had been submitted by the industry.

(5) As regards the evaluation of possible consumer health risks by reaction products formed by oxidative hair dye substances during the hair dyeing process, based on the data yet available, the SCCS, in its opinion of 21 September 2010, did not raise any major concern regarding genotoxicity and carcinogenicity of hair dyes and their reaction products currently used in the Union.

(6) In order to ensure the safety of hair dye products for human health, it is appropriate to set up maximum concentrations of ten assessed hair dye substances by taking into account the final opinions given by the SCCS on their safety.

(7) Since substances N,N'-Bis(2-Hydroxyethyl)-2-Nitro-p-Phenylenediamine and 2,6-Dihydroxyethylaminotoluene are currently regulated under generic entries 8 and 9 of Annex III to Regulation (EC) No 1223/2009, separate reference numbers should be created for those substances, taking into account conclusions on their safety in the SCCS opinions 1572/16 and 1563/15.

(8) The definition of a hair product in Regulation (EC) No 1223/2009 excluded the application of hair dye substances on eyelashes. That exclusion was motivated by the fact that the level of risk is different when cosmetic products are applied on the hair on the head and on eyelashes respectively. A specific safety assessment was therefore needed for the application of hair dye substances on eyelashes.

(9) The SCCS, in its opinion on oxidative hair dye substances and hydrogen peroxide used in products to colour eyelashes of 25 March 2015 (SCCS/1553/15), concluded that oxidative hair dye substances Toluene-2,5-Diamine, p-Aminophenol, 2-Methylresorcinol, Tetraaminopyrimidine Sulfate, Hydroxyethyl-p-Phenylenediamine Sulfate and 2-Amino-3-Hydroxypyridine, listed in Annex III to Regulation (EC) No 1223/2009 and found safe for use in hair dye products, can be safely used by professionals in products intended for colouring eyelashes.

(10) On the basis of the scientific assessment of those substances, their use should be allowed in products intended for colouring eyelashes. However, in order to avoid any risk connected with the self-application of products intended for colouring eyelashes by consumers, they should be allowed for professional use only. In order to allow professionals to inform consumers about possible adverse effects of the application of products intended for colouring eyelashes and to lower the risk of skin sensitisation to those products, appropriate warnings should be printed on their labels.

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

(12) It is appropriate to provide for reasonable periods of time in order for the industry to adapt to the new requirements and to phase out products concerned which do not comply with those requirements.

(13) 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

Annex III to Regulation (EC) No 1223/2009 is 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.

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

Done at Brussels, 10 February 2017.

For the Commission

The President

Jean-Claude JUNCKER

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(1) OJ L 342, 22.12.2009, p. 59.

(2) Commission Decision 2004/210/EC of 3 March 2004 setting up Scientific Committees in the field of consumer safety, public health and the environment (OJ L 66, 4.3.2004, p. 45).

(3) Commission Decision 2008/721/EC of 5 August 2008 setting up an advisory structure of Scientific Committees and experts in the field of consumer safety, public health and the environment and repealing Decision 2004/210/EC (OJ L 241, 10.9.2008, p. 21).

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ANNEX

Annex III to Regulation (EC) No 1223/2009 is amended as follows:

(1)

The following entry is inserted as reference number 8c: Reference number Substance identification Restrictions Wordings 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 a b c d e f g h i ‘8c Ethanol, 2,2′-[(2-nitro-1,4-phenylene)diimino]bis-(9CI) N,N′-Bis(2-Hydroxyethyl)-2-Nitro-p-Phenylenediamine 84041-77-0 281-856-4 (a) Hair dye substance in oxidative hair dye products (a) As from 3 September 2017, after mixing under oxidative conditions the maximum concentration applied to hair must not exceed 1,0 % For (a) and (b), as from 3 September 2017: — Do not use with nitrosating agents — Maximum nitrosamine content: 50 μg/kg — Keep in nitrite-free containers (a) As from 3 March 2018, to be printed on the label: The mixing ratio. “Hair colourants 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) As from 3 September 2017: 1,5 %

(2) the text in entry 9, column b, is replaced by the following: ‘Methylphenylenediamines, their N-substituted derivatives and their salts (1) with the exception of the substances under reference numbers 9a and 9b of this Annex and substances under reference numbers 364, 1310 and 1313 in Annex II’;

(3)

the entry 9a is replaced by the following: Reference number Substance identification Restrictions Wordings 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 a b c d e f g h i ‘9a 1,4-Benzenediamine, 2-methyl- 2,5-Diaminotoluene sulphate Toluene-2,5-Diamine Toluene-2,5-Diamine Sulfate (1) 95-70-5 615-50-9 202-442-1 210-431-8 (a) Hair dye substance in oxidative hair dye products (a) (i) General use (a) (ii) Professional use (a) To be printed on the label: The mixing ratio. “Hair colourants 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. Contains phenylenediamines (toluenediamines) (a) (i) Do not use to dye eyelashes. (a) (ii) Wear suitable gloves. For professional use only.” (b) As from 3 March 2018, to be printed on the label: The mixing ratio. “This product 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 the risk of allergy. Eyelashes shall not be coloured if the consumer: — has a rash on the face or sensitive,

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