EU Amends the Ecolabel Criteria for Cosmetic Products

On July 26, 2023, EU released the Commission Decision (EU) 2023/1540 to amend the Ecolabel criteria for cosmetic products. These amendments primarily pertain to the wording of provisions within the criteria, and came into force upon their release.¹

Introduction of EU Ecolabel

The EU Ecolabel is a voluntary environmental label that was initially introduced through the Council Regulation (EEC) No 880/92 in 1992. Later in 2010, the European Commission issued Regulation (EC) No 66/2010, laying down rules for the establishment and application of the EU Ecolabel scheme. Recognized throughout Europe, this label is awarded to products that comply with strict criteria for reducing their environmental impact over their full lifecycle, while also satisfying high-quality requirements.

Ecolabel logo—"EU Flower"

The Commission has adopted criteria for 24 product categories through different Commission Decisions, taking into account the unique characteristics of each category. These transparent ecological criteria have enabled consumers to make more sustainable choices without compromising on product quality. As of March 2023, a total of 88,045 environmentally friendly goods and services have been awarded the EU Ecolabel². 

Ecolabel Criteria for Cosmetic Products

In terms of the Ecolabel criteria for cosmetic products, EU published the Commission Decision (EU) 2021/1870 (the Decision) in October 2021. Applying to all cosmetics, this Decision encourages the development and use of cosmetics with minimal impact on human health and the environment during production, use and disposal. According to it, cosmetic products must comply with the following mandatory criteria in order to be awarded the EU Ecolabel:

1. toxicity of rinse-off products to aquatic organisms;

2. biodegradability of rinse-off products;

3. aquatic toxicity and biodegradability of leave-on products;

4. excluded and restricted substances;

5. packaging;

6. sustainable sourcing of palm oil, palm kernel oil and their derivatives;

7. fitness for use;

8. information on EU Ecolabel.

Subject to these criteria, any cosmetics bearing the label will be free of potentially toxic chemical ingredients, such as endocrine disrupting chemicals, nanomaterials, forever chemicals, phthalates and microplastics. Additionally, the criteria help to reduce the environmental impact of cosmetics by promoting the use of more biodegradable ingredients, as well as less and better packaging. 

Details of Amendments

With the enforcement of the Decision, it has been found that some provisions could be interpreted in different ways, potentially leading to inconsistencies in the practice. To avoid such inconsistencies, and to ensure legal clarity and certainty, EU adopted amendments to provide clearer wording in those provisions. Specifically, the Annex I to the Decision, titled "EU Ecolabel Criteria for Awarding the EU Ecolabel to Cosmetic Products", is amended as follows (text in red indicates adopted revisions):