G/TBT/N/EU/989  
22 June 2023  
(23-4279) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CC CN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Leave -on 
and wash -off cosmetic products as well as other consumer and professional products.  
5. Title, number of pages and language(s) of t he notified document:  Draft 
Commission Regulation amending Annex XVII to Regulation (EC) No 1907/2006 of the 
European Parliament and of the Council concerning the Registration, Evaluation, 
Authorisation and Restriction of Chemicals (REACH) as regards 
octam ethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and 
dodecamethylcyclohexasiloxane (D6); (5 page(s), in English), (5 page(s), in English)  
6. Description of content:  This draft Commission Regulation aims to complement the 
existing restrictio n of D4 and D5 in wash -of cosmetic products (entry 70 of Annex XVII to 
the REACH Regulation) by restricting the placing on the market of D6 in wash -off cosmetic 
products. Moreover, it aims to restrict the placing on the market of D4, D5 and D6 on 
their own , as a constituent of other substances (but excluding polymers) and in mixtures 
in other consumer and professional products more generally. Finally, it aims to restrict 
the use of D4, D5 and D6 as a solvent for the dry cleaning of textiles, leather and fur . For 
ease of legibility, the draft aims to replace the existing entry 70 altogether.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The European Chemicals Agency identified D4, D5 and D6 as having very 
persistent and very bioaccumulative (vPvB) properties. Moreover, the Agency identified 
D4 as having persistent, bioaccumulative and toxic (PBT) properties, and D5 and D6 as 
having PBT pr operties when they contain 0.1% or more by weight of D4. The hazard 
properties of D4, D5 and D6 give rise to specific concerns for the environment when 
present in consumer and professional products that end up released into both the aquatic G/TBT/N/EU/989  
 
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  and the atmosph eric compartments. The draft restriction aims to minimise the emissions 
of D4, D5 and D6 caused by leave -on cosmetic products and other consumer and 
professional products, as well as the emissions of D6 from wash -off cosmetic products; 
Protection of the en vironment  
8. Relevant documents:   
Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the 
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH Regulation): 
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1423064258789&uri=CELEX:32006R1907  
9. Proposed date of adoption:  4th quarter of 2023  
Proposed date of entry into force:  20 days from publication in the Official Journal of 
the EU. The restriction will start applying 2 years after entry into force, with longer 
transitional period for several particular product types.  
10. Final date for comments:  60 days fr om notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website : http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2023/TBT/EEC/23_10468_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/EEC/23_10468_01_e.pdf