NEW Amendment to the Cosmetic Product Directive (referring to hair dying products)

The currently enforced Annexes of the 76/768/EEC Cosmetic Product Directive have been amend by the 2012/21/EU Amendment Directive on 3 Aug, 2012. The revisions are in reflection to hair dying products; and aiming at taking into consideration the most up-to-date scientific know-how.

These Annexes must be taken into account when evaluating the safety of a cosmetic product (e.g. Safety Assessment) and compiling a Product Information File (PIF)

The 2012/21/EU Amendment Directive to Annex II & III of Directive 76/768/EEC was published in the Official Journal of the European Parliament on 3 August 2012 . This new Amendment is aimed at adapting to technical changes and to include the most recent scientific knowledge regarding hair dying cosmetic products, which is one of the several cosmetic products categories under the EU regulation.

As indicated on the European Commission’s website;

“In Europe more than 60% of women and 5-10% of men color their hair with a mean frequency of use by 6-8 times per year. The average age of majority of hair color users is 30-60 years. The hair dye market in the EU was € 2.6 billion in 2004, i.e. some 8% of the value of output of the cosmetics industry in Europe.” (2012, EU Commission; Consumers Affairs, Cosmetic Products)

However, the list of prohibited and allowed substances needs continuous update and reflection. For this reason, the Scientific Committee on Consumer Products (SCCP) recommended to take further steps to control the use of hair dye substances within the European Union . The new 2012/21/EU Amendment adds 24 substances to be restricted in the use of hair dyes to the Annexes of the 76/768/EEC Cosmetic Product Directive ;and an additional 45 substances are awaiting the final assessment of the Scientific Committee on Consumer Safety (SCCS).

As mentioned in a previous Article – Cosmetic Notification between January 2012 to July 2013– the NEW Cosmetic Products Regulation 1223/2009/EC will take into effect as of 11th July, 2013 and requires fulfilling its prerequisites.

Following the above deadline, the Annexes of the NEW Regulation will repeal the Annexes of the Cosmetic Product Directive 76/768/EEC, which is currently in force and superseding. This means that any European and Non-European manufacturers, who place a cosmetic product on the European market, should follow strictly the list of restricted and forbidden substances listed in these Annexes. Furthermore, these Annexes must be taken into account when evaluating the safety of a cosmetic product (e.g.Safety Assessment) and compiling a Product Information File (PIF)

Member States shall adopt and publish the here mentioned Amendment, by 1 March 2013 at the latest and shall apply these provisions from 1 September 2013.

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