SI 2026/23 - The Cosmetic Products Regulation (EC) No 1223/2009 (Restriction of Chemical Substances) (Amendment and Transitional Provisions) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2026 No. 23 CONSUMER PROTECTION The Cosmetic Products Regulation (EC) No 1223/2009 (Restriction of Chemical Substances) (Amendment and Transitional Provisions) Regulations 2026 Made - - - - 12th January 2026 Laid before Parliament 15th January 2026 Coming into force in accordance with regulation 1(2) and (3) The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 31(1)

(b), 31(1)(f) and 32(1) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products(1) (“the Cosmetic Regulation”).

In accordance with Article 31(1)(b) of the Cosmetic Regulation, the Secretary of State considers there is sufficient scientific evidence that there is a potential risk to human health arising from the use of 3-(4'-methylbenzylidene)-camphor in a cosmetic product and from the current threshold for warning labelling requirements for formaldehyde releasing preservatives listed in Annex 5 to the Cosmetic Regulation.

In accordance with Article 31(1)(f) of the Cosmetic Regulation, the substances set out in the Schedule to these Regulations have been classified as CMR(2) substances of category 1B or 2 under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures(3).

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Cosmetic Products Regulation (EC) No 1223/2009 (Restriction of Chemical Substances) (Amendment and Transitional Provisions) Regulations 2026.

(2) Subject to paragraph (3), these Regulations come into force on 15th July 2026.

(3) Regulation 2(3) comes into force on 15th August 2026.

(4) These Regulations extend to England and Wales and Scotland.

(1) EUR 2009/1223; relevant amending instruments are S.I. 2022/659, S.I. 2023/836, S.I. 2024/1334, S.I. 2025/901.

(2) For the definition of “CMR” see Article 2(1)(va) of the Cosmetic Regulation.

(3) EUR 2008/1272, to which there are amendments not relevant to these Regulations.Document Generated: 2026-01-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(5) In these Regulations “the Cosmetic Regulation” means Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products.

Amendments to the Cosmetic Regulation

2.—(1) The Cosmetic Regulation is amended as follows.

(2) At the end of the table in Annex 2 (list of substances prohibited in cosmetic products) insert— “1744 3-(4’- 38102-62-4/36861-47-9253-242-6”. methylbenzylidene)- camphor

(3) In the table in Annex 2, after the entry inserted by regulation 2(2), insert the entries set out in the Schedule to these Regulations.

(4) In paragraph 2 of the Preamble to Annex 5 (list of preservatives allowed in cosmetic products) —

(a) for “contains” substitute “releases”; and

(b) for “0,05” substitute “0.001”.

(5) In the table in Annex 6 (list of UV filters allowed in cosmetic products), omit the entry at reference number 18 (3-(4-Methylbenzylidene)-d1 camphor/Enzacamene).

Transitional Provisions

3. Despite the amendments made—

(a) by regulation 2(2), (4) and (5) of these Regulations, a cosmetic product placed on the market before 15th July 2026 may continue to be made available on the market until the end of 14th January 2027 if it—

(i)contains the substance inserted into Annex 2 to the Cosmetic Regulation by regulation 2(2) and omitted from Annex 6 to the Cosmetic Regulation by regulation 2(5); and

(ii)is labelled in accordance with the requirements set out in paragraph 2 of the Preamble to Annex 5 to the Cosmetic Regulation, as it has effect before 15th July 2026;

(b) by regulation 2(3) of these Regulations, a cosmetic product placed on the market before 15th August 2026 containing any of the substances inserted into Annex 2 to the Cosmetic Regulation by regulation 2(3) may continue to be made available on the market until the end of 14th February 2027.

Kate Dearden Parliamentary Under-Secretary of State 12th January 2026 Department for Business and Trade 2Document Generated: 2026-01-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Schedule Regulation 2(3) Entries to be inserted into Annex 2 “1745 Diphenyl(2,4,6- 75980-60-8 278-355-8 trimethylbenzoyl)phosphine oxide 1746 clothianidin (ISO); 210880-92-5 433-460-1

(E)-1-(2-chloro-1,3- thiazol-5-ylmethyl)-3- methyl-2- nitroguanidine 1747 Dimethyl 18755-43-6 242-555-3 propylphosphonate 1748 Dibutyltin maleate 78-04-6 201-077-5 1749 Dibutyltin oxide 818-08-6 212-449-1 1750 2,2’, 6,6’- 79-94-7 201-236-9 tetrabromo-4,4’- isopropylidenediphenol;

tetrabromobisphenol- A 1751 1,4-Benzenediamine, 68953-84-4 273-227-8 N,N'-mixed Ph and tolyl derivs.

1752 4-Methylimidazole 822-36-6 212-497-3 1753 Acetone Oxime 127-06-0 204-820-1 1754 Benthiavalicarb 177406-68-7 isopropyl (ISO); isopropyl [(S)-1- {[(R)-1-(6-fluoro-1,3- benzothiazol-2- yl)ethyl]carbamoyl}-2- methylpropyl]carbamate 1755 2,3-epoxypropyl 26761-45-5 247-979-2 neodecanoate 1756 Multi-walled carbon tubes (synthetic graphite in tubular shape) with a geometric tube diameter range ≥ 30 nm to < 3 µm and a length ≥ 5 µm and aspect ratio > 3:1, including Multi-Walled Carbon Nanotubes, MWC(N)T 3Document Generated: 2026-01-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

1757 7- 2386-87-0 219-207-4 oxabicyclo[4.1.0]hept-3- ylmethyl 7- oxabicyclo[4.1.0]heptan-3- carboxylate 1758 2-(dimethylamino)-2- 119344-86-4 438-340-0 [(4- methylphenyl)methyl]-1- [4- (morpholin-4- yl)phenyl]butan-1-one 1759 S-metolachlor (ISO); 87392-12-9 2-chloro-N-(2-ethyl-6- methylphenyl)-N- [(2S)-1- methoxypropan-2- yl]acetamide; (R a S a)-2-chloro-N-(6- ethyl-o-tolyl)-N- [(1S)-2-methoxy-1- methylethyl]acetamide [contains 80-100 % 2- chloro-N-(2-ethyl-6- methylphenyl)-N- [(2S)-1-methox- ypropan-2- yl]acetamide and 0-20 % 2-chloro-N-(2- ethyl-6- methylphenyl)-N- [(2R)-1- methoxypropan-2- yl]acetamide] 1760 Trimethyl borate 121-43-7 204-468-9” EXPLANATORY NOTE (This note is not part of the Regulations) Following advice from the Scientific Advisory Group on Chemical Safety of Non-Food and Non-Medicinal Consumer Products that there is a potential risk to human health from the use of certain chemical substances in cosmetic products, these Regulations amend Regulation (EC) No 1223/2009 (“the Cosmetic Regulation”). Specifically, regulation 2(2) amends Annex 2 to the Cosmetic Regulation (list of substances prohibited in cosmetic products) (“Annex 2”) to prohibit the use of 3-(4'-methylbenzylidene)-camphor in cosmetic products. Regulation 2(4) amends the Preamble to Annex 5 (list of preservatives allowed in cosmetic products) to the Cosmetic Regulation 4Document Generated: 2026-01-15

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. to reduce the threshold for warning labelling requirements for formaldehyde releasing preservatives used in cosmetic products. These amendments apply from 15th July 2026.

Regulation 2(3) and the Schedule further amend Annex 2 to add substances that have been classified as category 1B or 2 carcinogenic, mutagenic or toxic for reproduction (“CMR”) substances under Regulation (EC) No 1272/2008, prohibiting these substances from use in cosmetic products. This amendment applies from 15th August 2026.

Regulation 3 sets out the transitional arrangements for cosmetic products containing these substances.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or business sectors is foreseen. An Explanatory Memorandum is published alongside these Regulations on www.legislation.gov.uk.

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