Ceci est une version HTML d'une pièce jointe de la demande d'accès à l'information 'CBD in food'.


ARES(2019)3621573
Ref. Ares(2019)6805582 - 04/11/2019
From:
 (GROW)
To:
"
Cc:
 (GROW)
Subject:
Ares(2019)3558175 - RE: RESTRICTIONS OR FORBBIDEN USE
Date:
mardi 4 juin 2019 18:59:48
Attachments:
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Dear Mrs. 
,
Thank you for your email.
Entry 306 of Annex II to the Cosmetics Regulation 1223/2009 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: link) 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, 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.
In addition, according to Article 4 of the Cosmetics Regulation 1223/2009 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 “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 (EC) No. 1223/2009.
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,



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