EU Unveils Proposal for Cosmetics Regulation Revision

To enhance clarity and reduce reporting burdens, the amendments to the Cosmetics Regulation introduce the following key changes: 1) Establishing procedure for including new colorants, preservatives, and UV filters; 2) Refining derogation rules for CMR substances; 3) Abolishing the mandatory use of ingredient names glossary; 4) Removing notifications for nanomaterial-containing cosmetics; 5) Ending reporting obligation on member states.

On July 16, 2025, EU notified WTO of a draft regulation aimed at simplifying and streamlining certain requirements in selected chemical product regulations, including Regulation (EC) No 1223/2009 (Cosmetics Regulation). Public comments are invited until October 14, 2025, with adoption expected in the second half of 2026.¹

As part of the draft, amendments to the Cosmetics Regulation seek to clarify existing requirements and ease reporting obligations for businesses and competent authorities, while continuing to ensure the high safety standards of cosmetic products in the EU. Key amendments include:

1. Establishing Procedure for Including New Colorants, Preservatives, and UV Filters

Under the Cosmetics Regulation, colorants, preservatives, and UV filters can only be used in cosmetic products if listed in Annexes IV to VI. To keep these Annexes aligned with the latest technical and scientific progress, the draft establishes a new procedure for their update.

Specifically, a request to include a substance as a colorant, preservative, or UV filter in the relevant Annex shall be submitted to the European Commission, accompanied by scientific evidence supporting its safety. Upon receipt, the Commission will seek an opinion from the Scientific Committee on Consumer Safety (SCCS), which is required to deliver its opinion within 12 months. This opinion will serve as the basis for amending the relevant Annex.

2. Refining Derogation Rules for CMR Substances

With an aim to thoroughly protect human health, CMR substances (those classified as carcinogenic, mutagenic or toxic for reproduction) are prohibited for use in cosmetics, unless an exemption has been granted by the Commission. Built upon over a decade of regulatory experience, the draft seeks to refine the derogation procedure from the general ban. In particular, it:

Sets a clear deadline for submitting derogation requests—no later than three months after the relevant amendments to Regulation 1272/2008 on Classification, Labelling and Packaging of Substances and Mixture (CLP Regulation) enter into force;
Specifies 12-month and 24-month transitional periods—for market placement and for products already on the market, respectively—to enable economic operators to adapt to restrictions or bans;
Adjusts the derogation criteria for CMR substances in categories 1A and 1B;
Clarifies exemptions from automatic bans: natural complex substances with CMR constituents, and substances with CMR properties only via ingestion or inhalation.

3. Abolishing the Mandatory Use of Ingredient Names Glossary

The Glossary of Common Ingredient Names (the Glossary) functions as the legally binding reference for ingredient names used in cosmetic labelling. Where a Glossary name is available for an ingredient, it shall be applied. However, internationally recognized cosmetic ingredient names are essential for promoting transparency and facilitating cross-border trade. To allow their use on cosmetic labels without additional regulatory action by the Commission, the draft proposes abolishing the requirement to adopt such a glossary.

4. Removing Notifications for Nanomaterial-containing Cosmetics

In the EU, cosmetic products shall be notified before being placed on the market. For products containing nanomaterials, an additional notification six months prior to placement is currently required. As these products are already subject to a rigorous safety assessment by the responsible person, this extra obligation is no longer justified.

To address this, the draft proposes removing the additional notification requirement for cosmetic products containing nanomaterials. Oversight will be maintained by requiring relevant information on nanomaterials to be included in the cosmetic product safety report.

5. Ending Reporting Obligation on Member States

At present, Member States are required to periodically review their market surveillance activities and share the results with other Member States and the Commission. As the Information and Communication System for Market Surveillance (ICSMS) now allows rapid and efficient exchange of information on investigated products, this reporting requirement has become unnecessary, and is proposed to be removed.