On 29th October 2021, the European Commission published Regulation (EU) 2021/1902 in response to substances that were classified as CMR substances in accordance with Regulation (EC) No 1272/2008 by Delegated Regulation (EU) 2020/1182, no application for use in cosmetic products by way of derogation has been submitted. Accordingly, CMR substances which are not already included in Annex II to Regulation (EC) No 1223/2009 should be added to the list of substances prohibited in cosmetic products within the meaning of that Annex. Regulation (EC) No 1223/2009 should therefore be amended accordingly.
The amendments to Regulation (EC) 1223/2009 are based on the classifications of the relevant substances as CMR substances by Delegated Regulation (EU) 2020/1182 and should therefore apply from the same date as the classifications.
It should also be noted that the use of a fragrance allergen, butylphenylmethylpropional (CAS number 80-54-6), will be banned in this update.
The regulation entered into force from 23rd November 2021 and its requirements will apply from 1st March 2022.