The Cosmetic Products (Safety) (Amendment) Regulations 1997

• Citation: S.I. 1997/2914
• Sections: 2

Section 1

(1) These Regulations may be cited as the Cosmetic Products (Safety) (Amendment) Regulations 1997 and, except as provided by paragraph (2) below, shall come into force on 31st December 1997.

(2) Regulation 2(f)(ii) and (iii) shall come into force—

(a) on 1st July 1998 in relation to the supply of any cosmetic product by the manufacturer in or importer into the United Kingdom, or in the case of a cosmetic product manufactured or imported into the United Kingdom on behalf of another person, by that other person, except where the cosmetic product is supplied by retail in which case they shall come into force on 1st July 1999; and

(b) in all other cases on 1st July 1999.

Section 2

The Cosmetic Products (Safety) Regulations 1996 are amended as follows—

(a) in regulation 1(8) by substituting the date “30th June 2000” for the date “1st January 1998”;

(b) in regulation 2(1), in the definition of “the Directive”, by deleting the word “and” before “Commission Directive 96/41/ EC ” and by adding the words “, Commission Directive 97/18/EC , and Commission Directive 97/45/EC ” at the end of the definition;

(c) in regulation 4(3) by substituting the date “30th June 2000” for the date “1st January 1998”;

(d) in regulation 7(1) by inserting after the words “For the purposes of regulations 8” the words “(except regulation 8(3) and (3A))”;

(e) by substituting the following for regulation 8(3)—

(3) The person referred to in sub-paragraph (e) of paragraph (1) above must be—

(a) subject to paragraph (3A) below, the holder of an appropriate European diploma within the meaning of section 4A of the Pharmacy Act 1954 or any other person who has the right, granted by a competent authority in a member State, to take up and pursue the activities of a pharmaceutical chemist;

(b) subject to paragraph (3A) below, a person who is entitled to be registered under section 3(1) of the Medical Act 1983 as a fully registered medical practitioner and who has the right, granted by a competent authority in a member State, to take up and pursue the activities of a doctor; or

(c) the holder of a diploma within the meaning of regulation 2(1) of the European Communities (Recognition of Professional Qualifications) Regulations 1991 showing that the holder has the qualifications required to practise as a chartered biologist or that he has the qualifications required to practise as a chartered chemist or that he has the qualifications required to practise a profession equivalent to the profession of chartered biologist or chartered chemist in a member State other than the United Kingdom.

(3A) Any diploma or other evidence of qualification required for the purposes of paragraph (3)(a) or (b) above shall satisfy that requirement only if—

(a) the education and training attested were received mainly within the European Economic Community; or

(b) the holder has spent at least three years in lawful pursuit in a member State of the relevant profession, and such professional experience has been certified by a competent authority in a member State (being a State which recognised a diploma or other evidence of qualification obtained in a non-member State).

(f) in Schedule 1—

(i) by deleting entry numbers 81 and 92;

(ii) by adding the following after entry number 195—

(iii) by adding the following after entry number 217—

(g) in Part I of Schedule 4, by adding the following after entry number 52—

(h) in Part II of Schedule 4, by substituting “30.6.1998” for “30.6.1997” in entry numbers 16, 21 and 29;

(i) in Part I of Schedule 5, by adding the following after entry number 11—

(j) in Part II of Schedule 5—

(i) by deleting entry number 13 and substituting the words “ENTRY DELETED”; and

(ii) by substituting “30.6.1998” for “30.6.1997” in reference numbers 2, 5, 6, 12, 17, 25, 26, 29 and 32.