# L_2021238EN.01002901.xml

| 6.7.2021 | EN | Official Journal of the European Union | L 238/29 |
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6.7.2021

EN

Official Journal of the European Union

L 238/29

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COMMISSION REGULATION (EU) 2021/1099

of 5 July 2021

amending Annexes II and III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (1), and in particular Article 31(1) thereof,

Whereas:

| (1) | The substance 4-[(tetrahydro-2H-pyran-2-yl)oxy]phenol (common name: deoxyarbutin, INCI name: Tetrahydropyranyloxy Phenol), currently not regulated in Regulation (EC) No 1223/2009, results in the release of 1,4-Dihydroxybenzene (INCI name: Hydroquinone). Hydroquinone is included among the substances prohibited for use in cosmetic products, listed under entry 1339 of Annex II to Regulation (EC) No 1223/2009, with the exception of entry 14 of Annex III to that Regulation. |
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(1)

The substance 4-[(tetrahydro-2H-pyran-2-yl)oxy]phenol (common name: deoxyarbutin, INCI name: Tetrahydropyranyloxy Phenol), currently not regulated in Regulation (EC) No 1223/2009, results in the release of 1,4-Dihydroxybenzene (INCI name: Hydroquinone). Hydroquinone is included among the substances prohibited for use in cosmetic products, listed under entry 1339 of Annex II to Regulation (EC) No 1223/2009, with the exception of entry 14 of Annex III to that Regulation.

| (2) | The use of deoxyarbutin in cosmetic products was assessed by the Scientific Committee on Consumer Safety (SCCS). In its opinion adopted on 25 June 2015 (2), the SCCS concluded that due to safety concerns raised with regard to the life-cycle of products containing that substance, the use of deoxyarbutin up to 3 % in face creams cannot be considered as safe (3). |
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(2)

The use of deoxyarbutin in cosmetic products was assessed by the Scientific Committee on Consumer Safety (SCCS). In its opinion adopted on 25 June 2015 (2), the SCCS concluded that due to safety concerns raised with regard to the life-cycle of products containing that substance, the use of deoxyarbutin up to 3 % in face creams cannot be considered as safe (3).

| (3) | Based on that opinion, deoxyarbutin should be prohibited for use in cosmetic products and added to the list of prohibited substances in Annex II to Regulation (EC) No 1223/2009. |
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(3)

Based on that opinion, deoxyarbutin should be prohibited for use in cosmetic products and added to the list of prohibited substances in Annex II to Regulation (EC) No 1223/2009.

| (4) | The substance 1,3-Dihydroxy-2-propanone (INCI name: Dihydroxyacetone) is a cosmetic ingredient with the reported functions of skin conditioning and tanning. Dihydroxyacetone is currently not regulated under Regulation (EC) No 1223/2009. |
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(4)

The substance 1,3-Dihydroxy-2-propanone (INCI name: Dihydroxyacetone) is a cosmetic ingredient with the reported functions of skin conditioning and tanning. Dihydroxyacetone is currently not regulated under Regulation (EC) No 1223/2009.

| (5) | In its opinion adopted on 3-4 March 2020 (4),the SCCS considered Dihydroxyacetone safe when used as a hair colouring ingredient in leave-on applications (non-oxidative) up to a maximum concentration of 6,25 %. Furthermore, the SCCS concluded in that opinion that the use of Dihydroxyacetone as a hair colouring ingredient in leave-on applications (non-oxidative) up to a maximum concentration of 6,25 % together with the use of self-tanning lotion and face cream containing up to a maximum concentration of 10 % Dihydroxyacetone is also considered safe. |
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(5)

In its opinion adopted on 3-4 March 2020 (4),the SCCS considered Dihydroxyacetone safe when used as a hair colouring ingredient in leave-on applications (non-oxidative) up to a maximum concentration of 6,25 %. Furthermore, the SCCS concluded in that opinion that the use of Dihydroxyacetone as a hair colouring ingredient in leave-on applications (non-oxidative) up to a maximum concentration of 6,25 % together with the use of self-tanning lotion and face cream containing up to a maximum concentration of 10 % Dihydroxyacetone is also considered safe.

| (6) | Based on those conclusions, it is necessary to add a new entry in Annex III to Regulation (EC) No 1223/2009 that will allow for a restricted use of Dihydroxyacetone in non-oxidative hair dye products and in self-tanning products only, in a maximum concentration of up to 6,25 % and 10 % respectively. |
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(6)

Based on those conclusions, it is necessary to add a new entry in Annex III to Regulation (EC) No 1223/2009 that will allow for a restricted use of Dihydroxyacetone in non-oxidative hair dye products and in self-tanning products only, in a maximum concentration of up to 6,25 % and 10 % respectively.

| (7) | Regulation (EC) No 1223/2009 should therefore be amended accordingly. |
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(7)

Regulation (EC) No 1223/2009 should therefore be amended accordingly.

| (8) | It is appropriate to provide for reasonable periods of time in order for the industry to adapt to the new requirements on the use of Dihydroxyacetone in cosmetic products and to phase out the placing and making available on the market of cosmetic products which do not comply with those requirements. |
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(8)

It is appropriate to provide for reasonable periods of time in order for the industry to adapt to the new requirements on the use of Dihydroxyacetone in cosmetic products and to phase out the placing and making available on the market of cosmetic products which do not comply with those requirements.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Cosmetic Products, |
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(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Cosmetic Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1223/2009 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 July 2021.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 342, 22.12.2009, p. 59.

1

(2)  SCCS (Scientific Committee on Consumer Safety), Opinion on deoxyarbutin – Tetrahydropyranyloxy Phenol, 25 June 2015, SCCS/1554/15.

2

(3)  See point 4 of the opinion.

3

(4)  SCCS (Scientific Committee on Consumer Safety), Opinion on Dihydroxyacetone – DHA, 3-4 March 2020, SCCS/1612/19.

4

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ANNEX

Regulation (EC) No 1223/2009 is amended as follows:

| (1) | in Annex II, the following entry is added:








  Reference
  number | Substance identification |
| --- | --- | --- |
| Chemical name/INN | CAS number | EC number |
| a | b | c | d |
| ‘1657 | 4-[(tetrahydro-2H-pyran-2-yl)oxy]phenol (Deoxyarbutin, Tetrahydropyranyloxy Phenol) | 53936-56-4’ | |

(1)

in Annex II, the following entry is added:

Reference

number

Substance identification

Chemical name/INN

CAS number

EC number

a

b

c

d

‘1657

4-[(tetrahydro-2H-pyran-2-yl)oxy]phenol (Deoxyarbutin, Tetrahydropyranyloxy Phenol)

53936-56-4’

| (2) | in Annex III, the following entry is added:













  Reference number | Substance identification | Restrictions | Wording of conditions of use and warnings |
| --- | --- | --- | --- | --- |
| Chemical name/INN | Name of Common Ingredients Glossary | CAS number | EC number | Product type, body parts | Maximum concentration in ready use preparation | Other |
| a | b | C | d | e | f | g | d | h |
| ‘321 | 1,3-Dihydroxy-2-propanone | Dihydroxyacetone | 96-26-4 | 202-494-5 | (a) | Hair dye substance in non-oxidative hair dye products (*1) |

(2)

in Annex III, the following entry is added:

Reference number

Substance identification

Restrictions

Wording of conditions of use and warnings

Chemical name/INN

Name of Common Ingredients Glossary

CAS number

EC number

Product type, body parts

Maximum concentration in ready use preparation

Other

a

b

C

d

e

f

g

d

h

‘321

1,3-Dihydroxy-2-propanone

Dihydroxyacetone

96-26-4

202-494-5

(a)

Hair dye substance in non-oxidative hair dye products (*1)

| (b) | Self-tanning products (*1) |
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(b)

Self-tanning products (*1)

| (a) | 6,25 % |
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(a)

6,25 %

| (b) | 10 % |
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(b)

10 %

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(*1)  From 26 January 2022 hair dye and self-tanning products containing that substance and not complying with the restrictions shall not be placed on the Union market. From 22 April 2022 hair dye and self-tanning products containing that substance and not complying with the restrictions shall not be made available on the Union market.’

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