Monday, October 23, 2017France

The Council of State cancels article 3 of Decree 2015-1417 relating to cosmetic products

© CosmeticOBS-L'Observatoire des Cosmétiques

By a decision of 2 October 2017, and at the request of the FEBEA, the State Council annulled point 3 of the declaration of establishment contained in Decree 2015-1417 of 4 November 2015, namely the identity of the security assessor. As this point was not included in the Order of 30 November 2016 or in the declaration itself, the decision of the Council of State has no impact on these two texts.

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Little background. The Decree 2015-1417 of 4 November 2015 on cosmetic and tattoo products provided, at the request of the ANSM, in point 3 of Article 3 thereof, that'the name, function and qualification (…) of the person or persons responsible for safety assessment' shall be specified in the declaration of establishment addressed to the Agency. L' Article R5131-1 of the Public Health Code had been amended to include this provision in its paragraph 3. It is paragraph that the Council of State has annulled in its October 2, 2017 decision .

However, as this provision was not included in the the Order of 30 November 2016 "In the case of the declaration of establishment for the manufacture or packaging of cosmetic products, which reads:'Listing the information contained in the declaration of establishment for the manufacture or packaging of cosmetic products', it did not already appear in the list of information to be included therein. On October 12, 2017, the ANSM published a new information folder on this statement on its website.

CosmeticOBS - Observatoire des Cosmétiques

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