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EU Chemicals Omnibus: Parliament Approves Compromise Between Consumer Protection and Competitiveness

With the adoption of the so-called Chemicals Omnibus, members of the European Parliament reached a compromise after months of negotiations that, in particular, revises the transition periods for cosmetic products and the labeling requirements for chemical substances.

Extended Transitional Periods for CMR Substances in Cosmetics 

One focus of the debate was on cosmetic products containing carcinogenic, mutagenic, or reproductive toxicants (CMR substances). Parliament supported granting affected companies longer transition periods when new restrictions enter into force. In the future, cosmetic products containing newly prohibited CMR substances may continue to be placed on the market for up to six months after a ban takes effect and may remain available on the market for an additional twelve months. Furthermore, an application for an exemption may be submitted. The measure is intended to provide companies with greater regulatory certainty and planning reliability while maintaining a high level of consumer protection. 

Balancing Public Health and Industrial Competitiveness

The transitional periods were among the most debated elements of the negotiations between the European Parliament and the Council. Parliament rejected the Commission’s proposal to continue allowing certain CMR substances where the hazardous classification was based on exposure scenarios considered irrelevant to the actual use of cosmetic products.

Supporters of the Omnibus package emphasized the need to reduce regulatory burdens on European industry and to strengthen innovation, investment, and international competitiveness.

New Requirements and Clarifications 

The compromise package further includes targeted revisions to the CLP Regulation governing the classification, labeling, and packaging of substances and mixtures.

Labeling Requirements: 
Supplier information provided on product labels must now be supplemented by a digital contact option. Regarding label readability, the originally proposed minimum font size requirements for industrial and professional-use products have been removed. However, consumer products will be subject to minimum font size requirements based on x-height: Minimum x-height of 1.2 mm for standard consumer product labels and Minimum x-height of 0.9 mm for packages with a volume of 125 mL or less. In addition, selected labeling elements may be provided in digital form for containers with a capacity of 10 mL or less.

Labeling Update: 
The timeline for complying with the requirement to update product labels following a more stringent classification has been more clearly defined. Suppliers are still required to update the labeling without undue delay and, in any case, no later than 15 months after the stricter classification takes effect.

Advertising and Distance Selling Offers: 
The content requirements for advertising and online sales have been revised. Labeling elements must be clearly visible and readily identifiable at the point of offer. These requirements now apply exclusively to private end consumers. Manufacturers, suppliers, and distributors should carefully assess which customer groups have access to their products in order to ensure compliance with the applicable requirements. 

Next Steps 

In addition to the changes affecting cosmetics and CLP regulation, amendments were also made to the Fertilizing Products Regulation. The agreement follows the previously adopted „Stop-the-Clock“ mechanism, which postponed the application of the revised CLP Regulation until January 1, 2028. Following the expected formal approval by the Council, the legislative package can enter into force.

We are available to advise companies on the implications of the Chemicals Omnibus package, including the new compliance obligations, transitional periods, and implementation timelines. 

Contact us at  sales@kft.de or use our contact form.

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