G/TBT/N/EU/872/Rev.1  
23 May 2023  
(23-3504) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved (Articles 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 Commission,  
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 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Cosmetics  
5. Title, number of pages and language(s) of the notified document:  Draft 
Commission Regulation amending Regulation (EC) No 1223/2009 of the European 
Parliament and of the Council as regards the use of t he nanomaterials Styrene/Acrylates 
copolymer, Sodium Styrene/Acrylates copolymer, Copper, Colloidal Copper, 
Hydroxyapatite, Gold, Colloidal Gold, Gold Thioethylamino Hyaluronic Acid, Acetyl 
heptapeptide -9 Colloidal gold, Platinum, Colloidal Platinum, Acety l tetrapeptide -17 
Colloidal Platinum and Colloidal Silver in cosmetics products; (4 page(s), in English), (4 
page(s), in English)  
6. Description of content:  The draft measure is required to enact the prohibition to use in 
cosmetic products certain nanomat erials for which the Scientific Committee on Consumer 
Safety (SCCS) identified a basis of concern. This draft measure was previously notified 
via EU/TBT/872, however, it has been modified to include the prohibition of Colloidal Silver 
(nano) and the restri ction of Hydroxyapatite (nano). In particular, Annex II (list of 
prohibited substances in cosmetic products) and Annex III (list of restricted substances 
in cosmetic products) to the Cosmetics Regulation are amended to uniformly implement 
within the intern al market the prohibition and restriction of the use of nanomaterials for 
which a basis of concern has been identified and following the recent positive SCCS 
Opinion on Hydroxyapatite (nano). The adoption of this draft Regulation is needed to 
ensure a high  level of protection of human health for cosmetic products in the EU.  G/TBT/N/EU/872/Rev.1  
 
- 2 - 
 
  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety   
8. Relevant documents:  Regulation (EC) No 1223/2009 of the European Parliament and 
of the Council of 30 November 2009 on Cosmetic Products ( OJ L 342, 22.12.2009, p. 
59-209) 
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1415977955828&uri=CELEX:32009R1223  
9. Proposed date of adoption:  3rd quarter 2023  
Proposed date of entry  into force:  20 days from publication in the Official Journal of 
the EU.  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, 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  
https://members.wto.org/crnattachments/2023/TBT/EEC/23_09756_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/EEC/23_09756_01_e.pdf