Regulation (EU) 2023/1490: Omnibus Act VI
Regulation (EC) No 1272/2008 (CLP Regulation) provides for a harmonised classification of substances as carcinogenic, mutagenic or toxic for reproduction (CMR) based on scientific assessments by the Risk Assessment Committee (RAC) of the European Chemicals Agency (ECHA).
In order to uniformly implement the prohibition of CMR substances within the internal market and to ensure a high level of protection of human health, all CMR substances should be included in the list of prohibited substances in Annex II to Regulation (EC) No 1223/2009 and, where relevant, deleted from the lists of restricted or allowed substances in Annexes III to VI to that Regulation.
Regulation (EU) 2022/692
On May 3, 2022, the European Commission published Regulation (EU) 2022/692, which constitutes the 18th Adaptation to Technical and Scientific Progress (ATP 18) to the CLP Regulation and applies from 1 December 2023.
This Regulation introduced changes to Annex VI to CLP Regulation by adding 39 new harmonised substances, changing the classification of 17 substances already included in the annex and deleting another. Within these substances, 12 were identified as cosmetic ingredients.
Regulation (EU) 2023/1490
On July 20, 2023, the European Commission published Commission Regulation (EU) 2023/1490, commonly known as Omnibus Act VI, amending Regulation (EC) No 1223/2009 as regards the use in cosmetic products of certain substances classified as carcinogenic, mutagenic or toxic for reproduction.
This Regulation covers substances classified as CMR substances by Regulation (EU) 2022/692, introducing 30 new entries to the list of substances prohibited in cosmetic products (Annex II to Regulation (EC) No 1223/2009), including Benzophenone and Pentasodium Pentetate, and extending the ban of 2-Ethylhexanoic acid to its salts.
As the 18th ATP which it transposes, Regulation (EU) 2023/1490 applies from 1 December 2023.
References
Regulation (EC) No 1223/2009 of 30 November 2009 on cosmetic products