G/TBT/N/GBR/81  
10 April 2024  
(24-3021) 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:  UNITED KINGDOM  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Department for Business and Trade: Office for Product Safety and Standards  
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 sha ll be indicated if different from above:   
UK TBT Enquiry Point  
Trade Policy, Implementation and Negotiations  
Department for Business and Trade  
Old Admiralty Building  
London  
SW1A 2DY  
tbtenquiriesuk@businessandtrade.gov.uk  
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 
products are defined by Article 2(1)(a) of Regulation (EC) No 1223/2009.  
ESSENTIAL OILS AND RESINOIDS; PERFUMERY , COSMETIC OR TOILET PREPARATIONS 
(HS code(s): 33); Cosmetics. Toiletries (ICS code(s): 71.100.70)  
5. Title, number of pages and language(s) of the notified document:  The Cosmetic 
Products (Restriction of Chemical Substances) (No. 2) Regulations 2024; (6 page(s), in 
English)  
6. Description of content:  These measures would amend Regulation (EC) No 1223/2009 
as applicable in GB ("the Cosmetics Regulation") as they apply in [England, Wales and 
Scotland]. The amendments would prohibit or restrict the use of certain chemical 
substances in cosmetic products.  
We plan to amend the Cosmetics Regulation to permit the use of kojic acid for use at a 
maximum concentration of up to 1% in the following cosmetic products: face and hand 
products. We w ill also amend the Cosmetic Regulation to prohibit the use of chemicals 
classified as CMR substances under Regulation (EC) No 1272/2008 (the GB CLP 
Regulation).  G/TBT/N/GBR/81  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  The Cosm etics Regulation contains technical annexes that establish limits 
and prohibitions on the use of specified chemicals. The Government has powers to amend 
the various annexes when certain conditions are met. The objective of the measure is to 
amend the permi tted use of specific chemicals in order to ensure that only cosmetics 
products that are considered safe can be placed on the market.  
The measure requires amending a technical annex of the Cosmetics Regulation to change 
the permitted level of use of a speci fic chemical. This decision has been informed by the 
expert advice of the Scientific Advisory Group on Chemical Safety (SAG -CS). The SAG -
CS' primary purpose is to provide the UK Government with independent scientific advice 
on chemical risk.  
Government has  considered the recent advice from SAG -CS and made the decision to 
amend the Cosmetics Regulation on the use of kojic acid to permit a maximum 
concentration of up to 1% in the following cosmetic products: face and hand products.  
Carcinogen Mutagen and Repr otoxic substances (CMRs) - Under the Cosmetics 
Regulation, Government is prohibiting a set of chemicals that have been classified as 
CMRs under the GB CLP Regulation. We will amend an additional technical annex to the 
Cosmetic Regulation to reflect the CLP  classification.; Protection of human health or safety  
8. Relevant documents:   
SAG-CS opinions can be found using this link  
The Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2024  
9. Proposed date of adoption:  25 June 2024  
Proposed date of entry into force:  1. Placing on the market – 20 April 2025 (10 months 
after laying date).  
2. Products made available before this date can continue to be made available until 20 
August 2025 (14 months after laying date).  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
UK TBT Enquiry Point  
Trade Policy, Implementation and Negotiations  
Department for Business and Trade  
Old Admiralty Building  
London  
SW1A 2DY  
tbtenquiriesuk@businessandtrade.gov.uk  
https://members.wto.org/crnattachments/2024/TBT/GBR/24_02536_00_e.pdf