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Transfer from ANSM to ANSES and to DGCCRF, and system of certification for GMP.
On 27 October 2023, the French Government notified to the World Trade Organisation (WTO) a draft Ordinance to transfer the Competent Authority for cosmetics from the National Agency for Medicines and Health Products Safety (ANSM) to the National Agency for Food, Environmental and Occupational Health and Safety (ANSES) and to the administrative authority responsible for competition and consumption referred to in Article L.522-1 of the Consumer Code (DGCCRF).
Most responsibilities for regulation and enforcement will be undertaken by ANSES, however GMP inspection will be undertaken by DGCCRF. The draft Ordinance seeks to introduce a national certification process for the Good Manufacturing Practices (GMP) requirements as per the EU Cosmetic Products Regulation (CPR). Recital 56 of the CPR gives the provision that EU Member States may regulate cosmetic companies by any means they choose, provided that they comply with Union law, this includes GMP. The certification system aims to support market surveillance authorities in the performance of their tasks. The means of implementing the certification system are under development.
The WTO notification is open for comments until 26 December 2023.