Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 20th November, 2015.

I, LEO VARADKAR, Minister for Health, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of 30 November 2009¹ , as amended by Commission Regulation (EU) No. 344/2013 of 4 April 2013² , Commission Regulation (EU) No. 483/2013 of 24 May 2013³ , Commission Regulation (EU) No. 658/2013 of 10 July 2013⁴ , Commission Regulation (EU) No. 1197/2013 of 25 November 2013⁵ , Commission Regulation (EU) No. 358/2014 of 9 April 2014⁶ , Commission Regulation (EU) No. 866/2014 of 8 August 2014⁷ , Commission Regulation (EU) No. 1003/2014 of 18 September 2014⁸ , Commission Regulation (EU) No. 1004/2014 of 18 September 2014⁹ and Commission Regulation (EU) No. 2015/1190 of 20 July 2015¹⁰ , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Cosmetic Products) (Amendment) Regulations 2015.

(2) The Principal Regulations and these Regulations may be cited together as the European Union (Cosmetic Products) Regulations 2013 and 2015 and shall be construed together as one.

2. In these Regulations "Principal Regulations" means the European Union (Cosmetic Products) Regulations 2013 ( S.I. No. 440 of 2013 ).

3. Regulation 2(1) of the Principal Regulations is amended by substituting for the definition of "EU Regulation" the following:

"‘EU Regulation’ means Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of 30 November 2009¹, as amended by Commission Regulation (EU) No. 344/2013 of 4 April 2013², Commission Regulation (EU) No. 483/2013 of 24 May 2013³, Commission Regulation (EU) No. 658/2013 of 10 July 2013⁴, Commission Regulation (EU) No. 1197/2013 of 25 November 2013⁵, Commission Regulation (EU) No. 358/2014 of 9 April 2014⁶, Commission Regulation (EU) No. 866/2014 of 8 August 2014⁷, Commission Regulation (EU) No. 1004/2014 of 18 September 2014⁹ and point (1) of the Annex to Commission Regulation (EU) No. 2015/1190 of 20 July 2015¹⁰;".

4. Regulation 18 of the Principal Regulations is amended-

(a) in paragraph (1)(d), by inserting "of the EU Regulation" after "Article 5(2)",

(b) in paragraph (3), by deleting subparagraph (d), and

(c) by inserting after paragraph (4) the following paragraph:

"(4A) A responsible person, distributor, manufacturer or other person who places on the market, a cosmetic product which contains a preservative other than those listed in Annex V to the EU Regulation, as amended by Commission Regulation (EU) No. 1003/2014 of 18 September 2014⁸, or a preservative listed in that Annex, as so amended, but not used in accordance with the corresponding conditions laid down in that Annex, as so amended, including a substance listed in that Annex, as so amended, but not intended to be used as a preservative, is guilty of an offence.".

GIVEN under my Official Seal,

16 November 2015.

LEO VARADKAR,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give full effect to Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of 30 November 2009, as amended by Commission Regulation (EU) No. 344/2013 of 4 April 2013, Commission Regulation (EU) No. 483/2013 of 24 May 2013, Commission Regulation (EU) No. 658/2013 of 10 July 2013, Commission Regulation (EU) No. 1197/2013 of 25 November 2013, Commission Regulation (EU) No. 358/2014 of 9 April 2014, Commission Regulation (EU) No. 866/2014 of 8 August 2014, Commission Regulation (EU) No. 1003/2014 of 18 September 2014, Commission Regulation (EU) No. 1004/2014 of 18 September 2014 and Commission Regulation (EU) No. 2015/1190 of 20 July 2015.

These Regulations amend the European Union (Cosmetic Products) Regulations 2013.

These Regulations may be cited as the European Union (Cosmetic Products) (Amendment) Regulations 2015.

1 OJ No. L 342, 22.12.2009, p. 59.

2 OJ No. L 114, 25.4.2013, p. 1.

3 OJ No. L 139, 25.5.2013, p. 8.

4 OJ No. L 190, 11.7.2013, p. 38.

5 OJ No. L 315, 26.11.2013, p. 34.

6 OJ No. L 107, 10.4.2014, p. 5.

7 OJ No. L 238, 9.8.2014, p. 3.

8 OJ No. L 282, 26.9.2014, p. 1.

9 OJ No. L 282, 26.9.2014, p. 5.

10 OJ No. L 193, 21.7.2015, p. 115.