Commission Regulation 2021/1902 adds 23 CMR substances to the list of prohibited substances under the Cosmetics Regulation, meaning that after 1 March 2022 cosmetic products containing these CRM substances can not be available in the market.
According to Article 2.1(g) of CPR, “making available on the market” means “any supply of a cosmetic product for distribution, consumption or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge”.
Therefore, the above applies to all existing products on all shelves, including places as beauty institutes and whorehouses, to which you refer.
Consequently, cosmetic products containing a substance that will be prohibited as from 1 March 2022 and which will have been placed on the market before that date, shall NOT be allowed to continue being made available on the market (in case they are still in the supply chain), including for consumption or use.
The responsible persons and also distributors will be obliged to comply with the CPR, as amended (also) by Commission Regulation (EU) No 2021/1902, and therefore, as from that date, they will not be allowed to make available on the market a cosmetic product containing the prohibited substances.
According to Article 5 of the CPR, the responsible person shall immediately take the necessary measures to ensure compliance with the CPR, including withdrawal, for every cosmetic product which is not (any more) in conformity with CPR. This covers also the cases where the non-conformity is due to change of the legal requirements (as in the present case, prohibition of substances).”
Below you can find further information from the Commission on the legal grounds of its decision.
Commission Regulation (EU) No 2021/1902 of 29 October 2021 amending Annexes II, III and V regards the use in cosmetic products of certain substances classified as carcinogenic, mutagenic or toxic for reproduction, published on 3 November 2021 [EUR-Lex - 32021R1902 - EN - EUR-Lex (europa.eu)].
That Commission Regulation has indeed (amongst other) added 23 substances in Annex II to Regulation No 1223/2009 on cosmetic products (CPR), which is the Annex containing the list of substances prohibited for use in cosmetic products.
According to the first sub-paragraph of Article 15(2), substances classified as CMR substances of category IA or IB by Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (CLP Regulation), shall be prohibited from use in cosmetic products.
According to the new Commission Regulation (EU) No 2021/1902, the prohibition for use in cosmetic products of the 23 substances added in annex II to CPR (as also the rest of the text), will apply also as from 1 March 2022, in line with the CLP Regulation.
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