The UK has made an amendment to its Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2024, which it notified to the World Trade Organization (WTO) in an addendum on 3 October 2024. This latest amendment introduces restrictions on 13 additional chemicals classified as carcinogenic, mutagenic or reprotoxic (CMR) substances under the GB Classification, Labelling and Packaging (CLP) Regulation (Regulation (EC) No 1272/2008). These changes extend the initial list of 52 prohibited substances to further protect the health and safety of consumers of cosmetic products sold in Great Britain (England, Wales and Scotland).

Original WTO Notification

This addendum builds on the UK's original notification of April 2024, which included:

- Kojic Acid: Allowed at a maximum concentration of 1% in face and hand products, following recommendations from the UK’s Scientific Advisory Group on Chemical Safety (SAG-CS).

- Initial CMR Restrictions: This notification already suggested to prohibit a number of chemicals classified as CMRs under the CLP Regulation, with plans to amend the relevant technical Annexes of the GB Cosmetics Regulation.

Newly Added CMRs

The following table lists the 13 CMRs added in the addendum.

Transitional Provisions

The updated Regulation is expected to be adopted by 25 January 2025. Cosmetic products placed on the market on or before 20 April 2025 may continue to be made available on the market until 20 October 2025. For products containing kojic acid, the corresponding deadlines are 20 June 2025 for placing on the market and 1 November 2025 as the last available date.

Public Consultation

The WTO notification is open for comments for 60 days from the date of notification. More details on the amendments and the full list of chemicals affected can be found here.

On 16 August 2024, the UK Health and Safety Executive (HSE) published a bulletin on the export of hazardous chemicals under the Prior Informed Consent (PIC) Regulation. Companies are now invited to submit notifications of their planned exports of PIC chemicals for the year 2025.

Prior Informed Consent

The Prior Informed Consent (PIC) regime in Great Britain (England, Scotland and Wales) regulates the export and import of certain hazardous chemicals on the PIC list. The HSE is the PIC Designated National Authority (DNA) for Great Britain and administers the GB PIC regime including the export notification system and providing information on GB PIC.

Export Notification Requirements

The GB PIC Regulation requires that the first export of a listed chemical to any country in any calendar year must be notified to the HSE at least 35 days before the planned date of export. This includes the transfer of a listed chemical from Great Britain to Northern Ireland. Early notification allows the HSE to process requests and obtain the necessary consent from importing countries.

How to Submit Export Notifications

To submit export notifications, companies should:

• Complete the GB PIC export notification form, available on the HSE PIC website.

• Email the completed form to ukdna@hse.gov.uk.

• Include detailed information in the subject line of the email.

• Attach only one notification form and the relevant safety data sheet (SDS) per email. If available, provide an SDS official language or principal languages of the importing country.

• Describe in detail the intended use of the chemical to ensure proper handling by the importing country authority.

Special Reference Identification Numbers

For exports intended for research or analysis in quantities of 10kg or less, Special Reference Identification Numbers (RINs) are required. These RINs are also required if an importing country has waived its right to receive an export notification. For exports of PIC chemicals to the EU, each Special RIN covers exports of up to 10 kg of the substance for research and analysis purposes to each EU importing country.

Requests for Special RINs for 2025 can now be submitted as follows:

- Complete a Special RIN Request Form or use the BULK Special RIN option for multiple requests.

- Email the form to ukdna@hse.gov.uk with specific details (GB PIC  - Special RIN request - company name – chemical/mixture – importing country name – 2025) in the subject line.