Dies ist eine HTML Version eines Anhanges der Informationsfreiheitsanfrage 'CBD in food'.



ARES(2019)2682086
Ref. Ares(2019)6805582 - 04/11/2019
From:
 (GROW)
To:
Cc:
 (GROW)
Subject:
RE: Ares(2019)2620865 - RE: contact for cosmetics ingredients
Date:
mardi 16 avril 2019 18:09:08
Attachments:
image001.png
image002.png
Dear Mr. 
,
Thank you for your follow up question.
We consider that the purpose of Article 28 (Control of Cannabis) refers specifically to the control of cultivation of Cannabis and
therefore it is outside the scope of the Cosmetics Regulation and entry 306.
The Cosmetics Regulation 1223/2009 (https://eur-lex.europa.eu/legal-content/EN/TXT/?
qid=1493906428740&uri=CELEX:32009R1223) with its entry 306 of Annex II, makes specific reference to "Narcotics, natural and
synthetic: All substances listed in Tables I and II of the single Convention on narcotic drugs signed in New York on 30 March 1961
".
Please note that there is no mentioning of THC levels anywhere in the Cosmetics Regulation (or the convention).
According to Article 1 (c) of the 1961 Convention, “Cannabis plant” is as any plant of the genus Cannabis. Hemp is defined as a
variety of the Cannabis sativa plant species that is grown specifically for the industrial uses of its derived products. As a variety of
Cannabis sativa plant family, it fulfils the definition of Article 1 (c) of the Single Convention. Therefore, Hemp ingredients should
have the same prohibitions and exemptions as the cannabis ones in cosmetics.
In addition, according to Article 4 of the Cosmetics Regulation (EC) No. 1223/2009 (https://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1553184062206&uri=CELEX:02009R1223-20180801#E0027) it is up to the responsible person (and not the
commission services) to ensure that a product complies with the relevant legal obligations (“For each cosmetic product placed on
the market, the responsible person shall ensure compliance with the relevant obligations set out in this Regulation
). Furthermore,
according to Article 3 of the Cosmetics Regulation (EC) No. 1223/2009 “A cosmetic product made available on the market shall be
safe for human health when used under normal or reasonably foreseeable conditions of use”.
 Therefore, we would kindly ask you
to reflect on the definitions of the Single Convention carefully and the respective prohibitions in the Cosmetics Regulation.
Please note that the views expressed in this email are not legally binding; only the Court of Justice of the EU can give an
authoritative interpretation of Union law.
Kind regards,
, PhD
European Commission
DG for Internal Market, Industry, Entrepreneurship and SMEs
Unit D4 – Health Technology and Cosmetics
BREY 
B-1049 Brussels/Belgium
Phone: +32
E-mail:
@ec.europa.eu
Website: Cosmetics & Medical Devices
Follow us on
Facebook: EU Growth
Twitter: @EU_Growth
Our Websites: ec.europa.eu/growth
ec.europa.eu/bienkowska
From: 
Sent: Monday, April 15, 2019 5:16 PM
To: 
 (GROW) 
Cc: 
 (GROW) 
Subject: RE: Ares(2019)2620865 - RE: contact for cosmetics ingredients
Dear Mr 
,
Thanks for your swift reply.
Indeed, the 1961 Convention lists Cannabis, Cannabis tinctures, resins and extracts in the list of drugs established in
schedule 1.
However, article 28 states that “[the] Convention shall not apply to the cultivation of the cannabis plant exclusively for
industrial purposes (fibre and seed) or horticultural purposes
”.
Therefore, cannabis plant for industrial (fibre and seed) and horticultural purposes (food and feed) should – in principle –
not be considered as drug. The same should apply to its derivate products.
In the EU, Member States consider that industrial hemp is Cannabis sativa plant with a THC level lower than 0.2% (or
0.3%, depending on the country). The same threshold is provided by regulation 1308/2013 on the Common Market
Organisation https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32013R1308
As a consequence, it could be argued that all hemp respecting THC limits – and its derivate products – could be marketed
and used in the EU, and not be subject to the 1961 Convention.
Does the Commission apply the same reasoning, when distinguishing between industrial and non-industrial hemp?
In other words, is industrial hemp, industrial hemp tinctures, resins and extracts allowed as ingredient in cosmetics?
Best regards,


From: 
@ec.europa.eu [mailto
@ec.europa.eu] 
Sent: lundi 15 avril 2019 12:35
To: 
 <
@copa-cogeca.eu>
Cc: 
@ec.europa.eu
Subject: Ares(2019)2620865 - RE: contact for cosmetics ingredients
Dear Mr. 
,
Thank you for your query.
We would like to take this opportunity to inform you that the CosIng database is an inventory of cosmetic substances and
ingredients, employed for labelling cosmetic products throughout the EU. Please note that ingredient assigned with an
INCI name that appears in the inventory section of CosIng does not mean it is to be used in cosmetic products nor
approved for such use.
Entry 306 of Annex II to the Cosmetics Regulation 1223/2009 (https://eur-lex.europa.eu/legal-content/EN/TXT/?
qid=1493906428740&uri=CELEX:32009R1223) refers to "Narcotics, natural and synthetic: All substances listed in Tables I
and II of the single Convention on narcotic drugs signed in New York on 30 March 1961".
Schedules I and II of the Convention are lists of drugs. According to Art. 1 "definitions" of the convention, “Drug” means
any of the substances in Schedules I and II, whether natural or synthetic.
The list of drugs in Schedule I (Schedules as at 16 May 2018: http://undocs.org/ST/CND/1/Add.1/Rev.4) includes:
CANNABIS and CANNABIS RESIN and EXTRACTS and TINCTURES OF CANNABIS.
Article 1 of the convention defines these terms as follows:
(b) “Cannabis” means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not
accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated.
(c) “Cannabis plant” means any plant of the genus Cannabis,
(d) “Cannabis resin” means the separated resin, whether crude or purified, obtained from the cannabis plant.
Based on the above, ingredients derived from cannabis to the extent that they fall within the scope of the 1961
Convention should be banned in cosmetic products based on entry 306 of Annex II of the Cosmetics Regulation.
According to the WHO ECDD critical review (http://www.who.int/medicines/access/controlled-
substances/CannabidiolCriticalReview.pdf), cannabidiol ‘is one of the naturally occurring cannabinoids found in cannabis
plants. It is a 21-carbon terpenophenolic compound which is formed following decarboxylation from a cannabidiolic acid
precursor, although it can also be produced synthetically’.
Cannabidiol is not included as such in the Schedules of the Single Convention on Narcotic Drugs of 1961. Therefore, we
consider Cannabidiol outside the scope of entry 306 of Annex II to the Cosmetics Regulation 1223/2009 (CosIng entry on
Cannabidiol - Synthetically Produced). However, if it is prepared from banned substances such as extracts or tinctures or
resin of Cannabis Cannabidiol would fall under the scope of the Convention and the prohibition II/306 should apply.
Based on the above, Cannabidiol may be prohibited from use in cosmetic products, if it is prepared as an extract of
cannabis. For the rest of the entries mentioned in your email, please reflect on the definitions of the single convention.
Please note that the views expressed in this email are not legally binding; only the Court of Justice of the EU can give an
authoritative interpretation of Union law.
We hope you will find this information useful.
kind regards,
, PhD
European Commission
DG for Internal Market, Industry, Entrepreneurship and SMEs
Unit D4 – Health Technology and Cosmetics
BREY
B-1049 Brussels/Belgium
Phone: +32 
E-mail:
@ec.europa.eu
Website: Cosmetics & Medical Devices
Follow us on
Facebook: EU Growth
Twitter: @EU_Growth
Our Websites: ec.europa.eu/growth
ec.europa.eu/bienkowska
From: 
 <
@copa-cogeca.eu> 
Sent: Monday, April 15, 2019 11:41 AM
To: 
 (GROW) <
@ec.europa.eu>
Cc: 
 (GROW) <
@ec.europa.eu>
Subject: RE: contact for cosmetics ingredients
Dear Mr. 
,
Thanks for your reply.
I am responsible for the hemp sector within the Copa-Cogeca secretariat.
Some of our members signaled that the CosIng database has been recently updated as regards to hemp products.



In particular, the following substances have been classified as Annex II (prohibited in cosmetics products):
· Cannabidiol - derived from extract or tincture or resin of Cannabis
· Cannabidiol - Synthetically Produced
· Cannabis and Cannabis resin; Cannabis sativa, ext.
· Cannabis Sativa Flower Extract
· Cannabis Sativa Flower/Leaf/Stem Extract
· Cannabis Sativa Leaf/Stem Water
We would like to understand what is the motivation behind this decision and the legal basis underpinning it.
I’d be happy to further discuss this with you over the phone or during a face-to-face meeting.
Many thanks for your help.
Best regards,
Wine | Spirits | Hops | Olives & Olive Oil | Flax & Hemp | Cotton
Copa-Cogeca,
Rue de Trèves 61 , 1040 Brussels
+32
 | +32
Visit our web site:
www.copa-cogeca.eu
Copa- European farmers
Cogeca- European agricooperatives
signature
From: 
@ec.europa.eu [mailto
@ec.europa.eu] 
Sent: lundi 15 avril 2019 10:41
To: 
 
Cc: 
@ec.europa.eu
Subject: RE: contact for cosmetics ingredients
Dear Mr. 
Thank you for your email.
I am the scientific officer working on the CosIng database, how can I be of any help?
Kind regards,
, PhD
European Commission
DG for Internal Market, Industry, Entrepreneurship and SMEs
Unit D4 – Health Technology and Cosmetics
BREY 
B-1049 Brussels/Belgium
Phone: +32 
E-mail
@ec.europa.eu
Website: Cosmetics & Medical Devices
Follow us on
Facebook: EU Growth
Twitter: @EU_Growth
Our Websites: ec.europa.eu/growth
ec.europa.eu/bienkowska
From: GROW COSMETICS AND MEDICAL DEVICES <GROW-COSMETICS-AND-MEDICAL-
xxxxxxx@xx.xxxxxx.xx> 
Sent: Friday, April 12, 2019 3:44 PM
To: 
 (GROW) <
@ec.europa.eu>; 
(GROW) 
@ec.europa.eu>
Subject: FW: contact for cosmetics ingredients



From: 
 < > 
Sent: Friday, April 12, 2019 2:43 PM
To: GROW D4 <xxxxxxx@xx.xxxxxx.xx>
Subject: contact for cosmetics ingredients
Dear Sir/Madam,
I am trying to reach the desk officer responsible for cosmetics ingredients and the CosIng
catalogue. Could you please redirect me to her/him?
Many thanks for your help.
Best,
Wine | Spirits | Hops | Olives & Olive Oil | Flax & Hemp | Cotton
Copa-Cogeca,
Rue de Trèves 61 , 1040 Brussels
+32(0
 | +32
Visit our web site:
www.copa-cogeca.eu
Copa- European farmers
Cogeca- European agricooperatives
signature
Electronically signed on 31/10/2019 12:33 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563