Revision of the Regulation: what changes are expected?
The European Commission would like to revise the Cosmetics Regulation 1223/2009 in order to implement its new chemicals strategy and wishes to publish a legislative proposal by the end of 2022.
Amendments to the Cosmetics Regulation will be subject to the co-decision procedure (votes in the European Parliament and the Council, used for fundamental changes).
The new features of the regulation would include a change in the scope of the regulation and would take into account environmental issues for the first time.
The cosmetics regulation currently only takes into account effects on human health. The opening of the regulations to environmental hazards could lead to the inclusion of other environmental actions and measures in the regulation. The changes may also include:
- a ban on endocrine disruptors, with exemptions for "essential" uses
- a ban on persistent, bioaccumulative and toxic (PBT) chemicals
- a potential ban on immunotoxic, neurotoxic and organ-specific toxic chemicals
- the extension of generic risk management to consumer product ingredients
- provisions on combined effects
Finally, the amendments would include a revision of the definition of nanomaterials in the Regulation. A different definition is currently used in the Cosmetics Regulation than in other legislations.
The cosmetics industry is concerned
The Commission has also launched several working groups to implement its new strategy. The stakeholders of the cosmetics working groups will meet two to three times a year. Industry will be informed about upcoming changes and will have the opportunity to give its opinion and assess the impact.
Industry has already expressed its concerns about the reopening of this regulation following the announcements for REACH and the publication of the new strategy. Many cosmetics producers are concerned that widely used ingredients will be restricted. Products would be impacted in their formulation with, for example, the ban on endocrine disruptors (EDCs) in consumer products and the extension of risk management. Any new changes could lead to too many restrictions on the ingredients that can be used, thus reducing the scope for innovation.
Although research would be launched to find alternatives, it could take a long time and the substitutes may not have the desired properties and effects.
Another fear is that cosmetic ingredients deemed non-essential will be further restricted. Cosmetics and personal care products play an extremely important role in daily life for hygienic purposes but also for well-being. The definition of essentiality can vary from person to person and from society to society.
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