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Monday, November 20, 2017Regulation

The European Commission has published the criteria to identify endocrine disruptors in biocides

© CosmeticOBS-L'Observatoire des Cosmétiques

If the process was blocked by the European Parliament for plant protection products, Regulation (EU) 2017/2100 of 4 September 2017, published in the Official Journal of the European Union on November 17, sets out the criteria for the determination of endocrine-disrupting properties as part of the regulation on biocides. The text will be applicable as from 7 June 2018 and could serve as a basis for a regulation on endocrine disruptors in the cosmetics field.

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As a reminder, the European Commission was mandated to introduce criteria to identify endocrine disruptors as part of two regulations: that on plant products and that on biocides. They eventually presented two texts in June 2016, long after the deadlines initially provided for (no later than December 2013).

The main difference lies in the adoption procedures:
• As for the plant products regulation, the Union Member States were to be consulted, and so was the European Parliament, which voted against the text last October
As for the biocide regulation, a simple delegated act of the Commission was provided for

While the idea was that the two texts would be ‘related’ to ensure their coherence and use them as a basis for a horizontal regulation that would apply to all sectors, the Commission chose not to wait for the results of the negotiations to be resumed with the Member States and the Parliament, and instead publish this delegated regulation only on biocides.
So, it is this text that could serve as a basis for the review provided for in Article 15 of Cosmetics Regulation 1223/2009 regarding the substances exhibiting endocrine-disrupting properties.

The whereas of delegated Regulation (EU) 2017/2100

Having regard to …

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