(1)

The substance 4-[(tetrahydro-2H-pyran-2-yl)oxy]phenol (common name: deoxyarbutin, INCI name: Tetrahydropyranyloxy Phenol), currently not regulated in Regulation (EC) No 1223/2009, results in the release of 1,4-Dihydroxybenzene (INCI name: Hydroquinone). Hydroquinone is included among the substances prohibited for use in cosmetic products, listed under entry 1339 of Annex II to Regulation (EC) No 1223/2009, with the exception of entry 14 of Annex III to that Regulation.

(2)

The use of deoxyarbutin in cosmetic products was assessed by the Scientific Committee on Consumer Safety (SCCS). In its opinion adopted on 25 June 2015 (2), the SCCS concluded that due to safety concerns raised with regard to the life-cycle of products containing that substance, the use of deoxyarbutin up to 3 % in face creams cannot be considered as safe (3).

(3)

Based on that opinion, deoxyarbutin should be prohibited for use in cosmetic products and added to the list of prohibited substances in Annex II to Regulation (EC) No 1223/2009.

(4)

The substance 1,3-Dihydroxy-2-propanone (INCI name: Dihydroxyacetone) is a cosmetic ingredient with the reported functions of skin conditioning and tanning. Dihydroxyacetone is currently not regulated under Regulation (EC) No 1223/2009.

(5)

In its opinion adopted on 3-4 March 2020 (4),the SCCS considered Dihydroxyacetone safe when used as a hair colouring ingredient in leave-on applications (non-oxidative) up to a maximum concentration of 6,25 %. Furthermore, the SCCS concluded in that opinion that the use of Dihydroxyacetone as a hair colouring ingredient in leave-on applications (non-oxidative) up to a maximum concentration of 6,25 % together with the use of self-tanning lotion and face cream containing up to a maximum concentration of 10 % Dihydroxyacetone is also considered safe.

(6)

Based on those conclusions, it is necessary to add a new entry in Annex III to Regulation (EC) No 1223/2009 that will allow for a restricted use of Dihydroxyacetone in non-oxidative hair dye products and in self-tanning products only, in a maximum concentration of up to 6,25 % and 10 % respectively.

(7)

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

(8)

It is appropriate to provide for reasonable periods of time in order for the industry to adapt to the new requirements on the use of Dihydroxyacetone in cosmetic products and to phase out the placing and making available on the market of cosmetic products which do not comply with those requirements.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Cosmetic Products,