COMMISSION IMPLEMENTING DECISION (EU) 2022/677

of 31 March 2022

laying down rules for the application of Regulation (EC) No 1223/2009 of the European Parliament and of the Council as regards the glossary of common ingredient names for use in the labelling of 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 33, first paragraph, thereof,

Whereas:

(1) Article 19(1), point (g), of Regulation (EC) No 1223/2009 requires the labelling information on cosmetic products to include a list of ingredients. The ingredients are to be expressed using the common ingredient names set out in a glossary to be compiled and updated by the Commission pursuant to Article 33 of that Regulation. The glossary is required to take account of internationally recognised nomenclatures including the International Nomenclature of Cosmetic Ingredients (INCI).

(2) Commission Decision (EU) 2019/701 (2) set out the glossary of common ingredient names in accordance with Article 33 of Regulation (EC) No 1223/2009. A large number of amendments are to be made to that glossary in order to take into account new ingredient names that are currently in use for cosmetic products placed on the Union market. Decision (EU) 2019/701 should therefore, in the interests of clarity, be replaced.

(3) For the purpose of updating the glossary, the Commission has used, in particular, the new INCI names as published by the Personal Care Product Council and has also corrected existing ingredient names that were erroneously reported or omitted.

(4) Article 19(1) of Regulation (EC) No 1223/2009 provides that, for colorants other than colorants intended to colour the hair, the CI (Colour Index) nomenclature is to be used, where applicable, for the purposes of labelling cosmetic products. The CI number should therefore be listed as the common ingredient name for colorants other than colorants intended to colour the hair.

(5) Some ingredients used in perfume and aromatic compositions do not have an INCI name. So-called ‘perfuming names’ have been used in the Union for the labelling of cosmetic products containing those ingredients. Therefore, for those ingredients, the glossary should list the perfuming names that have previously been used for them in the Union.

(6) Article 33 of Regulation (EC) No 1223/2009 provides that the common ingredient names listed in the glossary are to be applied, for the purpose of labelling cosmetic products placed on the market, at the latest 12 months after publication of the glossary in the Official Journal of the European Union. In the interests of clarity and legal certainty, the application of this Decision should therefore be deferred for a period of 12 months with a possibility for the economic operators to immediately start applying the new glossary,

HAS ADOPTED THIS DECISION:

Article 1 The glossary of common ingredient names referred to in Article 33 of Regulation (EC) No 1223/2009 is set out in the Annex to this Decision.

Article 2 Decision (EU) 2019/701 is repealed.

Article 3 From 29 April 2022 until 28 April 2023, the economic operators may use the common ingredient names set out in the Annex to this Decision for the purpose of compliance with [the labelling requirements set out in] Regulation (EC) No 1223/2009.

Article 4 This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 29 April 2023.

Done at Brussels, 31 March 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Commission Decision (EU) 2019/701 of 5 April 2019 establishing a glossary of common ingredient names for use in the labelling of cosmetic products (OJ L 121, 8.5.2019, p. 1).