G/TBT/N/EU/986  
8 June 2023  
(23-3930) 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 [  ], 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 122 3/2009 of the European 
Parliament and of the Council as regards the use of Vitamin A, Alpha -Arbutin and Arbutin 
and certain substances with potential endocrine disrupting properties in cosmetic 
products; (7 page(s), in English), (6 page(s), in English)  
6. Description of content:  The measures proposed by the draft Commission Regulation 
are part of the on -going and regular adaptations of the Annexes to Regulation (EC) No 
1223/2009 (Cosmetics Regulation - CPR). Based on the latest scientific opinions by the 
Scientific Committee on Consumer Safety (SCCS) the proposed measures aim at:  
- prohibiting the use of 4 -MBC (i.e., delisting this UV -filter from Annex VI and introducing 
it in Annex II to the CPR);  
- establishing restrictions in Annex III for the substance 'Genistein', used as skin 
conditioning/protecting and antioxidant in cosmetic products;  
- establishing restrictions in Annex III for the substance 'Daidzein', used as skin 
conditioning/protecting and antioxidant in cosmetic products;  
- establishi ng restrictions in Annex III for the substance 'Kojic Acid', used as skin 
lightening/whitening or depigmenting agent in cosmetic products;  
- further restricting the use of the preservative 'Triclosan' in cosmetic products by 
amending the existing restricti ons in Annex V;  G/TBT/N/EU/986  
 
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  - further restricting the use of the preservative 'Triclocarban' in cosmetic products by 
amending the existing restrictions in Annex V;  
- establishing restrictions in Annex III for the Vitamin A compounds 'Retinol', 'Retinyl 
Acetate' and 'R etinyl Palmitate' used as skin conditioning agent in cosmetic products;  
- establishing restrictions in Annex III for the substance 'Alpha -Arbutin' used as skin 
bleaching and skin conditioning agents in cosmetic products;  
- establishing restrictions in Anne x III for the substance 'Arbutin' used as skin bleaching 
and skin conditioning agents in cosmetic products.  
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:  4th 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 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_10130_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/EEC/23_10130_01_e.pdf