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Cosmetic Days - Sun protection
Friday, December 20, 2013Regulation

SCCS: borates to be treated the same way as boric acid

© CosmeticOBS-L'Observatoire des Cosmétiques

An expected change on the regulations of bore compounds in cosmetics, following the Opinion of the SCCS adopted last December 12. Boric acid, borates, Perboric acid and Sodium perborate, which are classified as CMR 1B substances, are to be included in Annex II of Regulation 1223/2009 and banned for use. Experts have considered the borate family as a whole, stating all its compounds have the same properties as boric acid.

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Background

Article 15, paragraph 2, of Regulation 1223/2009 provides that the use in cosmetic products of substances classified as CMR substances, of category 1A or 1B under Part 3 of Annex VI to Regulation 1272/2008 shall be prohibited. This prohibition for use in cosmetic products applies as from the date of application of the classification as CMR substances, of category 1A or 1B under Part 3 of Annex VI to Regulation 1272/2008, unless an authorisation measure is adopted within 15 months of the inclusion of the substances concerned in that Regulation. This authorisation measure is adopted by the Commission, by way of exception, where all the conditions lay down for this purpose in Article 15, paragraph 2, of Regulation 1223/2009 are fulfilled.

Several boron compounds have been classified as CMR 1B substances under Part 3 of Annex VI to Regulation 1272/2008. They are already covered by entries 1a, 1b, respectively 12 in Annex III to Regulation 1223/2009. In the case of these substances, the conditions for exception to the prohibition rule laid down in Article 15, paragraph 2, of Regulation (EC) No 1223/2009 have not been fulfilled.

It is therefore necessary to amend entries 1a, 1b and 12 of Annex …

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