G/TBT/N/EU/438  
 
12 January 2017  
(17-0222) Page: 1/2 
Committee on Tec hnical 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 ad dress (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/  
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  
5. Title, number of pages  and language(s)  of the notifi ed document : Draft Commission 
Regulation (EU) .../... amending Annex IV to Regulation (EC) No 1223/2009 of the 
European Parliament and of the Council on cosmetic products (3+2 pages, in English)  
6. Description of content : This draft Commission Regulation aims at restricting the use of 
Zinc oxide as a colorant in uncoated non -nano form (cosmet ic products).  
The EU adopted in April 2016 a Regulation authorising Zinc Oxide for use as a UV -filter in 
its nano and non -nano forms (Commission Regulation (EU) 2016/6 21 of 21 April 2016). 
The current draft measure is based on the same scientific opinion of the Scientific 
Committee on Consumer Safety (SCCS/1489/2012) on which Regulation (EU) 2016/621 
was based, but concerns the use of Zinc Oxide as colorant and regulate s only the uncoated 
non-nano form. Currently Zinc Oxide (in uncoated non -nano form) is authorised for use as 
a colorant in cosmetics. The draft measure will keep Zinc Oxide authorised as a colorant 
but proposes a restriction of the conditions of use of thi s colorant to applications 
preventing exposure of the end -user's lungs to Zinc Oxide by inhalation.  
7. Objective and rationale , including the nature of urgent problems where 
applicable : Protection of human health or safety  
8. Relevant documents : Regulati on (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/438  
 
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  9. Proposed date of adoption : Third quarter 2017  
Proposed date of entry into force : 20 days from publication in the Official Journal of the 
EU 
10. Final date for comments : 60 day s from notification  
11. Texts available from : National enquiry point  [ ] or address, telephone and fax 
number s and e mail 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   
The text is available on the Website : http://ec.europa.eu/growth/tools -databases/tbt/   
http://members.wto.org/crnattachments/2017/TBT/EEC/17_0265_00_e.pdf   
http://members.wto.org/crnattachments/2017/TBT/EEC/17_026 5_01_e.pdf