Overview
The European Commission (Commission) public consultation on the revision of Regulation 1223/2009 on cosmetic products (CPR) closes on 21 June 2022. There is still time to contribute to this important process for the cosmetics supply chain – both suppliers to the cosmetics sector and producers of cosmetics. The CPR is one of an increasing list of measures which will be revised to reflect the objectives of the Chemicals Strategy for Sustainability (CSS) and its goal a ''toxic-free environment.''
The revision is very likely to bring about significant changes to the requirements for placing on the EU market cosmetic products. The consultation follows on from an earlier ''pre-consultation'' (Inception Impact Assessment) run by the Commission at the end of 2021. A legislative proposal for revision of the CPR is scheduled for Q4 2022.
The CPR is the main piece of legislation setting out the requirements that all cosmetic products must meet before they may be lawfully placed on the EU market. The CPR imposes, inter alia, restrictions on the use of certain substances in cosmetic products, an obligation to prepare a product safety report prior to placing a product on the market, a principle that only cosmetic products for which a legal or natural person is designated within the EU as a ''responsible person'' may be placed on the market, and an obligation to notify serious undesirable effects to national authorities. The CPR regime has been at the forefront of EU policy on bans on animal testing. It also sets out rules for the use of nanomaterials in cosmetic products and provides for centralized notification of all cosmetic products placed on the EU market through the cosmetic products notification portal.
In view of the planned revision, the manner in which cosmetic products gain access to the EU market is likely to:
- move from regulating chemicals used in cosmetic products on a case-by-case basis and for each specific use to the 'generic approach to risk management'; this is to ensure that cosmetic products, as a default, do not contain chemicals that cause cancers, gene mutations, affect the reproductive or the endocrine system, or are persistent and bioaccumulative, and will result in extending the scope of regulation to include environmental endpoints as well;
- consider the combination effects from simultaneous or subsequent exposure to chemicals from different sources;
- be based on a reviewed definition of nanomaterials (to ensure coherent application across EU legislation; and
- amend labelling requirements.
In addition, the Commission plans an institutional reform to integrate the Scientific Committee on Consumer Safety (SCCS) within the European Chemicals Agency (ECHA).
The consultation asks stakeholders to comment on whether:
- the most harmful chemicals should be allowed for use where this is proven to be essential for society (i.e., the 'essential use' criteria);
- unintentional co-exposure to chemicals from different source should be considered in safety assessment of consumer products (i.e., combination effects from simultaneous exposure to chemicals from different sources even if the individual substance are present at concentrations considered to be safe);
- the definition of a nanomaterial in the CPR should be updated to ensure consistency with the definition applicable in other sectors (i.e., a cross-sectoral definition);
- the labelling of cosmetic products should move from physical (on-pack) labelling to digital labelling, considering access limitations for consumers without mobile internet access; and
- in view of the 'one substance, one assessment' approach, outlined in the CSS, only one agency (i.e., ECHA) should be tasked with providing the Commission with advice on cosmetics (instead of sharing this task with the SCCS).
In addition, the consultation asks the general public about willingness to buy a cosmetic product that itself is safe, but – regardless of its safety – contains one or more of the following ''red flag'' substances: substances that are carcinogenic, mutagenic or toxic for reproduction (CMRs), endocrine disruptors, chemicals affecting the immune system, chemicals affecting the neurological system, chemicals affecting the respiratory system or chemicals toxic to a specific organ.
Trade associations, individual companies, NGOs, experts, the general public and any other interested parties will be able to submit comments in response to the 6 general questions set out in the consultation. It will also be possible to supplement these responses with a position paper related to the revision of the CPR. As always, we highly recommend participation in these consultations, since early expression of reasoned positions is the most effective means to influence the final legislative outcome.
