The European Parliament has agreed its position on the Chemicals Omnibus VI package, simplifying the Cosmetics and Fertilising Products Regulations. Elaine Campling, Chair of ESMA Health, Safety and Environmental Protection (HSEP) Committee, reports.
The European Parliament has agreed its position on the Chemicals Omnibus VI package, simplifying the CLP, Cosmetics and Fertilising Products Regulations:
- Classification, Labelling and Packaging (CLP) Regulation (EC No 1272/2008);
- Cosmetic Products Regulation (EC No 1223/2009);
- Fertilising Products Regulation (EU No 2019/1009).
It constitutes the Parliament’s mandate to enter interinstitutional negotiations with the European Commission and the Council of the European Union (EU), to finalise the text of the legislation.
The simplification package was introduced as several aspects of the legislation, particularly a revision introduced to CLP by Regulation EU 2024/2865, were regarded as overly burdensome and costly to European businesses.Regulatory burdens are one of the two top problems named by businesses operating in the EU, when it comes to investment. Other challenges identified include high energy costs, unfair global competition and weak demand. The measures introduced by Omnibus VI will reportedly result in annual savings for the Chemical Industry of €363 million, in reduced compliance costs and administrative burdens.
Some of the changes introduced by regulation 2024/2865 remain in force, such as the wider use of fold out labels being permitted, useful when supplying several markets to avoid over labelling and labelling on dispatch e.g., to comply with language requirements.
However, in regard to proposed changes, ESMA members will be interested in the outcome of key focus points being debated on the proposed simplification of the CLP regulation. These points include updating labels in case of change in hazard properties, label text formats and the provision of a digital contact on the label.
It is of note that the text adopted by the Parliament reintroduces proposals for a minimum font size for products sold to the general public, more stringent that that proposed by the Commission: “In particular, for substances or mixtures made available on the market for the general public, the label elements referred to Article 17(1) should include a font size where the x-height is equal to or greater than 1.2 mm. However, when the contents of the package do not exceed 125 ml, the label elements referred to in Article 17(1) might use a font size where the x-height is equal to or greater than 0.9 mm”.
The Parliament has retained its proposed 18-month timeframe to update labels in case of changes in hazard properties, in contrast to the Council’s position of 12 months. However, the Parliament has introduced new text, requiring downstream users to be informed of the results of a new evaluation without undue delay.
Another new proposal from the Parliament is interesting and relevant to ESMA members. This new proposed text is to allow reduced labelling of inkjet cartridges of 150 ml or less, provided they are supplied in outer packaging and designed to be installed in a printer by a consumer or a professional user. This is in recognition of the difficulty in labelling cartridges, particularly with fold out labels. Another proposal from the parliament is to increase the small package labelling derogation (reduced label elements) from 10 ml to 125 ml.
There is still a great degree of uncertainty, though we are perhaps one step closer in the process to introduce a regulation, to simplify a regulation that had only just been adopted and entered into force, before some elements of it were put on hold but another regulation, the so called ‘Stop the Clock’ regulation.
Please join us at HSEP committe meetings for discussions on CLP, REACH, Digital Product Passport, EU Green Deal, and other important topics. Check next meeting dates at esma.com/committees/hsep
