The report to the European Parliament and Council covers the use of nanomaterials in cosmetics in the context of a review of Cosmetics Regulation 1223/2009 as regards nanomaterials. The Cosmetics Regulation establishes that, if the Commission has concerns regarding the safety of a nanomaterial, it shall request its Scientific Committee on Consumer Safety (SCCS) to give an opinion on the safety of its use and on the foreseeable exposure conditions. The report found that most of these SCCS opinions are inconclusive, due to a lack of or insufficient data. Therefore, there is a need for the responsible economic operators to provide information as accurate as possible when making notifications to the Cosmetic Products Notification Portal (CPNP). However, the report addresses shortcomings of the notification procedure. For instance, whereas the safety assessment is carried out at ingredient level, notifications are made at product level. In general, the effectiveness of the current notification process via the CPNP merits specific attention, and the scientific safety assessment of nanomaterials could be strengthened, according to the Commission. It sees an urgent need for aligning the horizontal definition of nanomaterial throughout different pieces of EU legislation, as it announced for 2021 in its CSS (please also see frESH Law Horizons March 2021).
~sThe National Law Review, 10 September 2021