(1)

Following the publication of a scientific study in 2001, entitled ‘Use of permanent hair dyes and bladder cancer risk’, the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers, subsequently replaced by the Scientific Committee on Consumer Products (SCCP) pursuant to Commission Decision 2004/210/EC (2), concluded that the potential health risks of the use of hair dyes were of concern.

(2)

The SCCP further recommended an overall safety assessment strategy for hair dye substances including the requirements for testing substances used in hair dye products for their potential genotoxicity or carcinogenicity.

(3)

Following the opinions of the SCCP, the Commission agreed with Member States and stakeholders on an overall strategy to regulate substances used in hair dye products according to which the industry was required to submit files, containing updated scientific data on the safety of hair dye substances, for a risk assessment by the SCCP.

(4)

Having succeeded the SCCP pursuant to Commission Decision 2008/721/EC (3), the Scientific Committee on Consumer Safety (SCCS) assessed the safety of individual hair dye substances for which updated files had been submitted by the industry.

(5)

As a result of the assessement by the SCCS, in order to ensure the safety of hair dye products for human health it is necessary to prohibit the use of three hair dye substances, 1,2,4-Trihydroxybenzene (4), 2-[(4-Amino-2-nitrophenyl)-amino]-benzoic acid (5) and 4-Amino-3-hydroxytoluene (6), based on the final opinions given by the SCCS on their safety. In addition, in light of the final opinions by the SCCS on other six hair dye substances, Dimethylpiperazinium Aminopyrazolopyridine HCl (7), Methylimidazoliumpropyl p-phenylenediamine HCl (8), HC Orange No 6 (9), Acid Orange 7 (10), Tetrabromophenol Blue (11) and Indigofera Tinctoria (12), it is appropriate to limit their maximum concentrations for use in hair dye products.

(6)

The definition of a hair product laid down in point (1)(c) of the Preamble to Annexes II to VI to Regulation (EC) No 1223/2009 excludes the application of hair dye substances on eyelashes, based on a different level of risk of applying a cosmetic product on the hair on the head as compared to applying the same product on eyelashes. A specific safety assessment was therefore needed for the application of hair dye substances on eyelashes.

(7)

The substance 2-Methoxymethyl-p-Phenylenediamine and its sulfate are listed under entry 292 in Annex III to Regulation (EC) No 1223/2009. Taking into account the conclusions of the latest SCCS opinion (13) on the use of those substances on eyelashes, the field of application of the restriction to which they are subject should be extended to products intended for colouring eyelashes.

(8)

In order to avoid any risk related to self-application by consumers of products intended for colouring eyelashes that contain 2-Methoxymethyl-p-Phenylenediamine and its sulfate, those products should be allowed for professional use only.

(9)

In order to inform consumers and professionals about possible adverse effects of the use of hair dyes and products intended for colouring eyelashes with the aim to lower the risk of skin sensitisation to those products, appropriate warnings should be printed on their labels.

(10)

Regulation (EC) No 1223/2009 should therefore be amended accordingly.

(11)

It is appropriate to provide for reasonable periods of time in order for the industry to adapt to the new requirements and to phase out cosmetic products which do not comply with those requirements.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Cosmetic Products,