In Article 2 of Regulation (EC) No 1223/2009, the following paragraph is added:
‘4. The Commission may, at the request of a Member State or on its own initiative, adopt the necessary measures to determine whether or not a specific product or group of products falls within the definition ‘cosmetic product’. Those measures shall be adopted in accordance with the regulatory procedure referred to in Article 32(2).’.
In the third paragraph of Article 2 of Regulation (EC) No 178/2002, the following point is added:
‘(i) medical devices within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council (*).
(*) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).’.
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