On 8 July, the European Commission is due to present new ‘omnibus’ simplification legislation for the chemicals industry, at the same time as a ‘package’ of measures in the same sector (see EUROPE 13665/26). According to a provisional version of the ‘omnibus’ obtained by Agence Europe, the Commission will be tackling three regulations affecting: - classification, labelling and packaging of substances and mixtures (2008, revised in 2024 - see EUROPE 13542/29); - cosmetic products (2009); - making EU fertiliser products available on the market (2019).
Rules on the labelling of chemical substances. The European Commission intends to lighten the labelling rules, in particular to make it easier for manufacturers to bypass certain obligations. For example, for smaller containers, operators will no longer have to prove that it is impossible to include all the information on the label.
In the same vein, the strict label formatting requirements could be abolished, as they have been described as “costly and restrictive for economic operators”. The ‘omnibus’ should enable them to focus on clarity and legibility.
Chemical products that are advertised or sold online to professionals (not intended for the general public) may be exempted from labelling rules, provided that their producer encourages consumers to read the label before use. “Hazardous substances and mixtures traded between professionals are already subject to information obligations under Regulation 1907/2006, so additional rules would not be proportionate”, the Commission justifies.
Finally, the use of digital labelling has been extended, and the concept of “digital contact” has been introduced. This will replace the current requirement to indicate a postal address and telephone number on the label of hazardous substances or mixtures.
Rules for cosmetic products. The Commission provides assurances that it is maintaining the strict rules banning substances in the CMR category (carcinogenic, mutagenic and reprotoxic). However, the automatic nature of the ban on certain substances has been reviewed and exemptions made more readily available.
For example, producers will no longer need to prove that their products comply with food safety requirements in order to receive authorisations in the form of derogations. “The fact that a product contains a substance that is not edible does not mean that this substance will not be safe when used in a cosmetic formula intended to be applied to human skin”, explain the authors of the document.
Other amendments concern notification procedures and nomenclature.
Rules for the marketing of fertilisers. The main ‘omnibus’ amendment to this text is to allow producers to apply the REACH regulation to all the substances that make up a fertiliser product. This means that the regulation on fertiliser products will no longer include a specific ‘REACH’ registration requirement, which applied until now and entailed high costs for companies.
With regard to the micro-organisms used in biostimulants, the Commission will now be able to define criteria and methods to guarantee their safety and efficacy, even if they are not yet on the official list.
Finally, the principle of digital contact and the digital product passport should also be applied to fertiliser products.
See the draft ‘omnibus’: https://aeur.eu/f/HOD ; and its appendices: https://aeur.eu/f/HOE (Original version in French by Léa Marchal)