This Statutory Instrument has been made to revoke and replace S.I. 2023/764 and is being issued free of charge to all known recipients of that Statutory Instrument.
2023 No. 836
Consumer Protection
The Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2023
Made 19th July 2023
Laid before Parliament 20th July 2023
Coming into force in accordance with regulation 1(2),(3) and (4)
The Secretary of State makes these Regulations in exercise of the powers conferred by Article 31(1)(b) and 31(1)(d) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products.
Citation, commencement and extent
1 

(1) These Regulations may be cited as the Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2023.
(2) Subject to paragraphs (3) and (4) these Regulations come into force 21 days after the day on which they are made.
(3) Regulation 2 comes into force on 26th July 2023.
(4) Regulations 3(2) and 4 come into force on 6th July 2024.
(5) These Regulations extend to England and Wales and Scotland.
Revocation of the Cosmetic Products (Restriction of Chemical Substances) Regulations 2023
2 
The Cosmetic Products (Restriction of Chemical Substances) Regulations 2023 are revoked.
Amendment to Regulation (EC) No 1223/2009
3 

(1) Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products is amended as follows.
(2) At the end of the table in Annex 3 (list of substances which cosmetic products must not contain except subject to the restrictions laid down), insert the entry set out in Schedule 1 to these Regulations.
(3) At the end of the table in Annex 6 (list of UV filters allowed in cosmetic products), insert the entries set out in Schedule 2 to these Regulations.
Transitional Provisions
4 
Notwithstanding the amendment in regulation 3(2), a cosmetic product that is placed on the market prior to 6th July 2024 can continue to be made available on the market until 6th July 2026.
Kevin Hollinrake
Minister for Small Business, Consumers and Labour Markets
Department for Business and Trade
19th July 2023
SCHEDULE 1
Amendment to Annex 3
Regulation 3(2)
“
321 Methyl-N-methylanthranilate  85-91-6 201-642-6 (a) Leave-on products 0.1% For leave on products only: Not to be used in sunscreen products and products marketed for exposure to natural or artificial UV light. 
(b) Rinse-off products 0.2% For leave-on and rinse-off products:

— Do not use with nitrosating agents;
— Maximum nitrosamine content: 50 μg/kg;
— Keep in nitrite-free containers.”
SCHEDULE 2
Amendment to Annex 6
Regulation 3(3)
“
33 1,1’-(1,4-piperazinediyl)bis[1-[2-[4-(diethylamino)-2-hydroxybenzoyl]phenyl]-methanone Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine 919803-06-8 485-100-6  10% In case of combined use of Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine and Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine (nano), the sum shall not exceed 10 %. 
Not to be used in applications that may lead to exposure of the end user’s lungs by inhalation.
34 1,1’-(1,4-piperazinediyl)bis[1-[2-[4-(diethylamino)-2-hydroxybenzoyl]phenyl]-methanone Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine (nano) 919803-06-8 485-100-6  10% Only nanomaterials having the following characteristics are allowed: 

— Purity ≥ 97 %,
— Median particle size D50 (50 % of the number below this diameter): ≥ 50 nm of number size distribution.
Not to be used in applications that may lead to exposure of the end user’s lungs by inhalation.
In case of combined use of Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine and Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine (nano), the sum shall not exceed 10
 %.
”