Proposal for a regulation
Article 12 a (new)
Article 12a Nanomaterials 1. A nanomaterial may only be used in a particular cosmetic product if the substance has been evaluated by the SCCP and found to be safe for use in this cosmetic product. To this end the Commission shall adopt the necessary measures in accordance with the regulatory procedure with scrutiny referred to in Article 27(3). 2. If a manufacturer has placed on the EU market a nano-containing cosmetic product before the date referred to in paragraph 1 of Article 34, it should immediately notify the Commission about the nanomaterials used in this product. Within the six months that follow the entry into force of this Regulation, the manufacturer shall submit the safety data related to these substances to the SCCP in order for these substances to be assessed. If no safety data is provided by the manufacturer within this period, the products shall be removed from the market. The SCCP should have two years, following the entry into force of this Regulation, to assess the safety of those nano-containing cosmetic products which are already on the EU market and draw up a positive list in Annex VIa. In the event that the SCCP does not assess the safety of nano-containing cosmetic products which have been placed on the market before the entry into force of this Regulation, within the two year deadline, these products shall be removed from the market. 3. On imperative grounds of urgency or if the SCCP raises concerns about the safety of a specific nanomaterial, the Commission may have recourse to the urgency procedure referred to in Article 27(4). The Commission shall mandate the SCCP to re-evaluate nanomaterials which appear on the positive list set out in Annex VIa as soon as safety concerns arise and at the latest every 5 years after their inclusion in this Annex.