Commission removes derogations from draft EU tattoo ink restriction regulation


The European Commission has removed certain derogations from its draft Regulation amending Annex XVII to REACH to restrict hazardous chemicals in tattoo inks or permanent make-up.

The restriction would impose concentration limits for substances, including:

· carcinogenic, mutagenic or reprotoxic substances (CMRs);

· skin sensitisers or irritants;

· substances that are corrosive or damaging to the eyes; and

· metals and other substances regulated in cosmetic products.

However it granted derogations for certain pigments.

In response to NGO feedback in the public consultation on the proposals late last year, the Commission has now removed derogations for pigments green 7 and blue 15:3.

These, the European Environmental Bureau says, were “not properly justified and not supported by Rac [Echa’s Risk Assessment Committee]”. Instead of a derogation, the draft, which was published this month, allows a two-year transitional period for their use.

It also takes on board another recommendation from EEB:

Support Rac’s proposal for a “dynamic link” between the cosmetics product regulation and their classification, labelling and packaging (CLP) to ensure consistency of protection levels.

Next steps

On 7 April the Commission notified the WTO of its draft regulation.The WTO notification provides interested parties with a 7 June deadline to provide comments.

The EU executive is expected to adopt the amended Regulation in the second half of the year. Once adopted it will enter into force 20 days following publication in the EU’s Official Journal.

The restriction will begin to apply one year after the date of entry into force.

Chemical Watch, 20 April 2020