The Council adopted, on 20 November, without debate, a regulation updating the legal framework applicable to cosmetic products on the EU internal market. An agreement at first reading had been reached with the European Parliament in March.

The regulation replaces Council Directive 76/768/EEC concerning the rapprochement of member states’ legislations on cosmetic products, which had been amended 55 times.

Changes include a ban on misleading claims in advertising and on the labels of cosmetic products. The European Commission must establish an action plan regarding claims used and fix priorities for determining common criteria justifying the use of a claim. The regulation also introduces a safety evaluation procedure for all products containing nanomaterials: this could go as far as a ban in the event of risk to human health. All ingredients present in the form of nanomaterials shall be clearly indicated in the list of ingredients on the label (this was a requirement by MEPs).

The use of substances classified as carcinogenic, mutagenic or toxic to reproduction (CMR) is prohibited by the regulation, except in exceptional cases and under strict conditions.

The regulation will enter into force 20 days after publication in the Official Journal and will apply 42 months later, with the exception of provisions on CMR substances, which will apply from 1 December 2010, and provisions on nanomaterials, which will apply three years after the entry into force of the regulation.

The regulation is available at www.europolitics.info > Search = 261287