The Cosmetic Products (Safety) Regulations 2008 (SI 2008/1284)

1. In its letter to the Department of 11 June, the Joint Committee requested a memorandum on the following points:

1.  Given that the designation by S.I. 1993/2661 of the Secretary of State in relation to consumer protection supersedes the designation in S.I. 1972/1811 in relation to specific areas of consumer protection (see article 3 of S.I. 1993/2661), explain why the wording of the preamble reflects the superseded designation rather than the later one.

2.  Given that Part 1 of Schedule 7 contains no requirements in column (d) and that there are no entries in Part 2 of that Schedule, explain why regulation 9(b) includes reference to the requirements in column (d) of Schedule 7 being satisfied.

3.  Given that S.I. 2006/2907 was revoked by S.I. 2007/2400 with effect from 7 September 2007, explain why Schedule 1 to these Regulations includes S.I. 2006/2907 in the list of Regulations revoked by these Regulations.

4.  Explain the concluding words in entry 419 in Schedule 3 and the cross-reference to EC Regulation No. 999/2001.

5.  Why are Part 2 of Schedule 5, Part 2 of Schedule 6 and Part 2 of Schedule 7 included, and reference made in item 167 of Schedule 3 to Schedule 7, Part 2, given that there are no entries in those Parts?

6.  Explain the intended reference in item 18 of Part 1 of Schedule 6, given that the provision referred to does not exist.

1.  Given that the designation by S.I. 1993/2661 of the Secretary of State in relation to consumer protection supersedes the designation in S.I. 1972/1811 in relation to specific areas of consumer protection (see article 3 of S.I. 1993/2661), explain why the wording of the preamble reflects the superseded designation rather than the later one.

The Department agrees that the wording of the preamble ought to have reflected the later designation (measures relating to consumer protection).

2.  Given that Part 1 of Schedule 7 contains no requirements in column (d) and that there are no entries in Part 2 of that Schedule, explain why regulation 9(b) includes reference to the requirements in column (d) of Schedule 7 being satisfied.

The Regulations were designed to implement Council Directive 76/768/EEC as closely as possible. Part 1 of Schedule 7 to the Regulations implements Part I of Annex VII to the Directive. Column (d) to that Annex, like column (d) of Schedule 7, contains no entries. Article 4.1(h) requires member States to prohibit the marketing of cosmetic products—

"containing UV filters listed in Part I of Annex VII, beyond the limits and outside the conditions laid down therein."

As column (d) of Annex VII envisages the possibility of the addition to the Directive of limitations and requirements other than that concerning maximum authorised concentration it was considered to be helpful to reflect this in the Regulations even though none currently exist.

3.  Given that S.I. 2006/2907 was revoked by S.I. 2007/2400 with effect from 7 September 2007, explain why Schedule 1 to these Regulations includes S.I. 2006/2907 in the list of Regulations revoked by these Regulations.

The Department agrees that it was not appropriate to include S.I. 2006/2907 in the list of Regulations revoked by these Regulations as S.I. 2006/2907 had already been revoked.

4.  Explain the concluding words in entry 419 in Schedule 3 and the cross-reference to EC Regulation No. 999/2001.

The concluding words to entry 419 ought not to have included the words "animal products and" or the note numbered (4) which refers to EC Regulation 999/2001. The words "there from" ought to have been "therefrom". The note numbered (3) ought to have been after the word "Council".

5.  Why are Part 2 of Schedule 5, Part 2 of Schedule 6 and Part 2 of Schedule 7 included, and reference made in item 167 of Schedule 3 to Schedule 7, Part 2, given that there are no entries in those Parts?

Part 2 of Schedules 5, 6 and 7 are included without any entries on the basis that the corresponding provisions in the Directive 76/768/EC (Annexes IV, VI and VII) also contain a Part 2 without any entry. It was considered useful to transpose these Parts as the Directive envisages that there may be substances which will appear in these Parts the marketing of which member States are required to permit up to a certain date (article 5(b), (c) and (d) of that Directive). If the Regulations had not contained these Parts there would have been no indication of the possibility of certain substances being provisionally allowed.

Item 167 of Schedule 3 implements reference 167 of Annex II to Directive 76/768. Reference 167 also refers to Part 2 of Annex VII to the Directive in which there are no entries. The Department agrees that the reference in item 167 of Schedule 3 to Part 2 of Schedule 7 to the Regulations ought to have been omitted.

6.  Explain the intended reference in item 18 of Part 1 of Schedule 6, given that the provision referred to does not exist

Item 18 of Part 1 of Schedule 6 implements reference 18 of Annex VI to Directive 76/768. Reference 18 contains a reference to Annex VI, Part 2, No 8. However this entry was deleted from the Directive by article 7(a) of Commission Directive 88/233/EEC (OJ L 105, 26.4.1988 p. 11). The Department agrees that the reference, in column (d) of item 18 of Part 1 of Schedule 6, to Schedule 6, Part 2, No 8 ought to have been omitted.

The Department is grateful to the Committee for drawing these matters to its attention and will amend the Regulations to make the corrections identified in relation to the preamble and to items 419 and 167 in Schedule 3 and item 18 in Schedule 6 at the next convenient opportunity.

Department for Business, Enterprise & Regulatory Reform

16 June 2008