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Document 32017R0238

    Commission Regulation (EU) 2017/238 of 10 February 2017 amending Annex VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

    C/2017/0716

    OJ L 36, 11.2.2017, p. 37–38 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/reg/2017/238/oj

    11.2.2017   

    EN

    Official Journal of the European Union

    L 36/37


    COMMISSION REGULATION (EU) 2017/238

    of 10 February 2017

    amending Annex VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

    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)

    The Scientific Committee on Consumer Safety (‘SCCS’), concluded in its opinion of 16 December 2008 (2) that the use of Benzophenone-3 as a UV-filter at a concentration of up to 6 % w/w in cosmetic sunscreen products and up to 0,5 % w/w in all types of cosmetic products to protect the formulation does not pose a risk to human health, apart from its contact allergenic and photoallergenic potential.

    (2)

    Consequently, the current maximum concentration of 10 % w/w for Benzophenone-3 used as a UV-filter in cosmetic products should be decreased to 6 % w/w.

    (3)

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

    (4)

    The application of the new maximum concentration should be deferred to allow the industry to make the necessary adjustments to product formulations. In particular, undertakings should be granted six months from the entry into force of this Regulation to take the necessary measures to place on the market compliant products and to stop making available products already placed on the market that do not comply with the new maximum concentration.

    (5)

    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 VI to Regulation (EC) No 1223/2009 is amended in accordance with the Annex to this Regulation.

    Article 2

    This Regulation shall apply from 3 September 2017.

    Article 3

    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


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

    (2)  SCCP 1201/08.


    ANNEX

    In Annex VI to Regulation (EC) No 1223/2009, entry 4 is replaced by the following:

    Reference number

    Substance identification

    Conditions

    Wordings of conditions of use and warnings

    Chemical name/INN/XAN

    Name of Common Ingredients Glossary

    CAS number

    EC number

    Product type, body parts

    Maximum concentration in ready for use preparation

    Other

    a

    b

    c

    d

    e

    f

    g

    h

    i

    ‘4

    2-Hydroxy-4-methoxybenzophenone/Oxybenzone

    Benzophenone-3

    131-57-7

    205-031-5

     

    6 %

    Not more than 0,5 % to protect product formulation

    Contains Benzophenone-3 (1)’


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