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European Parliament approves revised cosmetics legislation

United Kingdom
31/03/2009
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On 24 March 2009, the European Parliament approved the recasting of the EU Cosmetics Directive (Council Directive 76/768/EC), in a 633 to 29 vote. The recast Directive will take the form of a Regulation, thereby being directly applicable across all Member States, with the aim of removing inconsistencies and differences across the Community and removing legal uncertainty.

The Cosmetics Directive, which is over thirty years in age, has been frequently amended since coming into force. This, together with the numerous transposing pieces of national legislation, led to a “patchwork” of regulation across the Community. The enactment of a Regulation will provide a harmonised and transparent legislative system applicable in each Member State.

As well the creation of a harmonised legislative system, the European Commission has used the recasting as an opportunity to ensure the maintenance of high levels of consumer safety in light of the continued development and innovation in cosmetic products. The Regulation introduces strict testing requirements for products containing nanotechnology before they can be sold in the Community and the presence of such materials will need to be listed on the product’s packaging.

The Regulation will come into force in 2012.

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