The New Cosmetic Regulation EC 1223/2009 will replace the current Cosmetic Directive 76/768/EEC and as such, the Notification requirements are aimed to be changed as well from country specific to the CPNP (Cosmetic Product Notification Portal) operated by the European Commission.
The question is what will happen during the transitional period of January 2012 till July 2013?
The following rules apply:
- Cosmetic Products introduced to the European market for the first time before the transition period and already notified under the Directive must be re-notified to the NEW CPNP during the transition period (between January 2012 till July 2013);
- Cosmetic Products to be introduced to the European market for the first time during the transition period and notified to the NEW CPNP during the transition period (between January 2012 till July 2013) do not need to be notified as well under the Directive (country by country);
- Cosmetic Products to be introduced to the European market for the first time after the transition period are required to be notified only to the NEW CPNP;
Reference to the above point 1 – Whereas point 68 of EC 1223/2009:
In order to enhance the safety of cosmetic products and strengthen the market surveillance, cosmetic products placed on the market after the date of application of this Regulation should comply with its obligations regarding safety assessment, the product information file and notification, even if similar obligations have already been fulfilled under Directive 76/768/EEC.
Reference to the above point 2 – Article 39 of EC 1223/2009:
As from 11 January 2012, by way of derogation from Directive 76/768/EEC, notification carried out in accordance with Article 13 of this Regulation shall be considered to comply with Article 7(3) and Article 7a(4) of that Directive.
Reference to the above point 3 – Article 13 of EC 1223/2009:
Prior to placing the cosmetic product on the market the responsible person shall submit, by electronic means, the following information to the Commission.
Cosmetic manufacturers and their designated Responsible Person shall need to plan ahead and create a strategy for the transition period based on the above rules and the availability of the Cosmetic Product Notification Portal – this will safeguard the compliance of the Cosmetic products and above all, ensure the safety of the user.
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