Legal act: 
Regulation (EC) No 1223/2009

Corrigendum to Commission Regulation (EU) 2020/1683 of 12 November 2020 amending Annexes II and III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products
Commission Regulation (EU) 2020/1683

Consolidated act:
1/12/2023 of Regulation (EC) No 1223/2009
13/11/2020 of Commission Regulation (EU) 2020/1683

Scope and objective

This Regulation establishes rules to be complied with by any cosmetic product made available on the market, in order to ensure the functioning of the internal market and a high level of protection of human health.

Definitions

Distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a cosmetic product available on the Community market.

Making available on the market’ means any supply of a cosmetic product for distribution, consumption or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge.

Placing on the market means the first making available of a cosmetic product on the Community market.

Importer means any natural or legal person established within the Community, who places a cosmetic product from a third country on the Community market.

Withdrawal means any measure aimed at preventing the making available on the market of a cosmetic product in the supply chain.

Article 3 - Safety

A cosmetic product made available on the market shall be safe for human health when used under normal or reasonably foreseeable conditions of use, taking account, in particular, of the following:

1. presentation including conformity with Directive 87/357/EEC;
2. labelling;
3. instructions for use and disposal;
4. any other indication or information provided by the responsible person defined in Article 4.

The provision of warnings shall not exempt persons defined in Articles  2 and  4 from compliance with the other requirements laid down in this Regulation.

MARKET SURVEILLANCE

Article  22 - In-market control

Member States shall monitor compliance with this Regulation via in-market controls of the cosmetic products made available on the market. They shall perform appropriate checks of cosmetic products and checks on the economic operators on an adequate scale, through the product information file and, where appropriate, physical and laboratory checks on the basis of adequate samples.Member States shall also monitor compliance with the principles of good manufacturing practices.

Member States shall entrust to market surveillance authorities the necessary powers, resources and knowledge in order for those authorities to properly perform their tasks.

Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission and be made available to the public, by way of electronic communication and, where appropriate, by other means.

Article  39 - Transitional provisions

By way of derogation from Directive 76/768/EEC, cosmetic products which comply with this Regulation may be placed on the market before 11 July 2013.

As from 11  January 2012, by way of derogation from Directive 76/768/EEC, notification carried out in accordance with Article 13 of this Regulation shall be considered to comply with Article 7(3) and Article 7a(4) of that Directive.