G/TBT/N/EU/752  
20 October 2020  
(20-7251) 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/e n/ 
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Cosmetics; Cosmetics. Toiletries (ICS 71.100.70)  
5. Title, number of pages and language(s) of the notified document:  Draft 
Commission Regulation amending Annexes II and III to Regulation (EC) No 1223/2009 
of the European Parliament and of the Council on cosmetic products (3 page(s), in English; 
3 page(s), in English)  
6. Description of content:  The draft Commission Regulation aims at banning Deoxyarbutin 
for use in cosmetic products by adding it to the list of prohibited substances in Annex II, 
taking int o account the opinion of the EU Scientific Committee on Consumer Safety 
(SCCS). In addition, it proposes to restrict in Annex III the maximum concentrations of 
Dihydroxyacetone for use in hair dye and self -tanning products. The proposed maximum 
concentrati ons are also based on the SCCS opinion on this substance.  
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  G/TBT/N/EU/752  
 
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  9. Proposed date of adoption:  2nd quarter 2021  
Proposed date of entry into force:  20 days from publication in the Official Journal of 
the EU. From [date = 6 months after the date of entry into force of this Regulation] hair 
dye and self -tanning products containing Dihydroxyacetone and not complying with the 
restrictions shall not be placed on the Union market. From [date = 9 months after the 
date of entry into force of this Regulation] hair dye and self -tanning products containing 
Dihydroxyacetone and not complying with the restrictions shall not be made available on 
the Union market.  
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/2020/TBT/EEC/20_6265_00_e.pdf  
https://members.wto.org/crnattachments/2020/TBT/EEC/20_6265_01_e.pdf