On Wednesday 5 November, the Council of the EU adopted its position on three legislative texts as part of ‘omnibus VI’ on chemicals (see EUROPE 13676/11). This ‘omnibus’ package aims to simplify the following three Regulations: CLP (Classification, Labelling, and Packaging of Chemicals) (see EUROPE 13737/28), cosmetics, and fertilisers.
The EU Council is ready to negotiate with the European Parliament, which has yet to adopt its negotiating mandate.
CLP Regulation. The revised Regulations will apply from 1 January 2028. The EU aims to reduce compliance costs and lighten the administrative burden for the chemical industry. The EU Council has followed the “digital by default” approach and says it has “focused on eliminating duplication and streamlining deadlines”.
The obligation to provide a telephone number has been reintroduced in the mandate, but with the possibility of digital options in order to give flexibility to suppliers.
The information requirements have been reduced in the EU Council’s position, especially for professional users.
A general exemption from labelling is maintained for business-to-business sales. To qualify, online sales sites must not be accessible to the general public.
Regulations on cosmetic products. The EU Council has reduced the deadline for companies to stop selling cosmetics containing carcinogenic, mutagenic and reprotoxic (CMR) substances, compared to the Commission’s proposal. But this period is still longer than the current rules allow.
The text introduces a notification requirement for nanomaterials in cosmetic products before the product is placed on the market.
Regulation on fertilizer products. The EU Council wants to introduce compulsory REACH registration of micro-organisms used in fertiliser products up to 10 tonnes per year.
The role of accredited notified bodies in the context of potential environmental risks associated with new micro-organisms has also been clarified. (Original version in French by Florent Servia)