Brussels – The rules on the classification, packaging, and labelling of chemicals, cosmetics, and fertilisers will be simplified. Overnight (16–17 June), the Council and the European Parliament reached a provisional agreement on certain provisions of the Omnibus VI simplification package. This concerns to streamline EU legislation on chemicals, reducing compliance costs and administrative procedures for businesses throughout the value chain, while maintaining “a high level” of protection for consumers and the environment.
The agreement was reached after the co-legislators found common ground on the “stop the clock” mechanism, which postponed the date of entry into force of the revised regulation on the classification, labelling, and packaging of chemicals (CLP Regulation) to 1 January 2028. The agreement reached last night postpones this date to 1 January 2030 to align the application of the three regulations amending three EU legislative acts on chemicals: the CLP Regulation, revised in 2024, the 2009 cosmetic products regulation and the 2019 fertilising products regulation. As explained by the Council, the targeted amendments aim to address the urgent issues raised by stakeholders – in particular the administrative burdens on businesses – and to reduce the reporting obligations arising from the three regulations.
More specifically, “the general scope of the Commission’s proposal regarding the simplification of formatting requirements for labelling, advertising and distance selling of chemicals” has been maintained. The text also retains the so-called “digital by design” approach, aiming to eliminate requirement duplications and streamline deadlines. For cosmetics, there will be greater consumer protection regarding the use of nanomaterials and potentially hazardous substances in products, while for fertilisers, the registration of micro-organisms used in production is envisaged for quantities of up to ten tonnes per year. This will be implemented under the so-called “REACH+” provision of (EC) Regulation No. 1907/2006, which governs the registration, evaluation, authorisation, and restriction of chemicals (the acronym stands for Registration, Evaluation, Authorisation and Restriction of Chemicals).
The provisional agreement must now be approved by the Council and the European Parliament before undergoing legal and linguistic review with a view to its formal adoption in the coming months.
CLP Regulation
In terms of the readability of labels, the co-legislators have set “minimum font sizes for the labelling of products intended for the general public rather than for businesses, applicable to hazardous substances covered by the CLP Regulation.” There are also “specific labelling exemptions for small packages, which could also apply to printer ink cartridges.” A general derogation will apply to “digital barcodes on small inner packaging containers,” but only if “the information is provided on the outer packaging.” The transitional period for the relabelling requirements will be 15 months.
Cosmetics Regulation
European legislation prohibits the use of substances that are carcinogenic, mutagenic or reprotoxic, particularly in cosmetic products. However, in some cases, temporary or conditional exemptions are permitted. Today’s agreement sets out the transition periods for their phasing out according to “a three-tier system with different deadlines for three categories.” Substances for which no derogation is required; those for which the derogation is refused on safety grounds; and those for which the request for a derogation is rejected because the substance is considered safe for use in cosmetics, but for which alternatives exist. In this context, the Commission is invited to publish guidelines on the definitions and use of such alternative substances, and the Council’s mandate regarding the notification of the presence of nanomaterials in cosmetic products – which must be submitted prior to their placing on the market – is maintained.
Regulations on fertiliser products
The co-legislators agreed that the Commission will periodically review the requirements relating to Component Material Categories (CMC) and that the first review will consider the requirements applicable to nutrient polymers covered by the so-called CMC 8 (“Nutrient polymers with more than one function”), i.e., synthetic or chemically modified materials designed to control the release of nutrients to plants. To address Member States’ concerns regarding potential environmental risks arising from new micro-organisms, the mandate once again clarifies “the role of accredited notified bodies.” Added to this is the inclusion of “scientific bodies, such as the Joint Research Centre (JRC) or the European Food Safety Authority (EFSA).” The provisional agreement also reintroduces the registration requirement – under the REACH Regulation – for substances subject to harmonised classification and for certain particularly harmful substances, but only above a threshold of 10 tonnes per year.
English version by the Translation Service of Withub
