Omnibus VI cosmetics CMR grace periods still await Council
Parliament's Omnibus VI cosmetics text proposes CMR periods of 6/12, 3/9 or 24/36 months. Official trackers still show Council action pending.
Omnibus VI cosmetics changes and where the file stands
The European Parliament adopted its first-reading position on Omnibus VI cosmetics changes on 22 October 2026. Its adopted text proposes three pairs of CMR market-transition periods: 6 and 12 months, 3 and 9 months, or 24 and 36 months. These aren't current permissions to sell banned products. On 27 October 2026, Parliament's procedure file showed "Awaiting Council's 1st reading position". EUR-Lex also showed the procedure as ongoing.
What Omnibus VI changes for cosmetics
Omnibus VI is the Commission's proposal COM(2025) 531 of 8 July 2025, procedure 2025/0531(COD). It simplifies several chemical-product laws at once, including the EU Cosmetics Regulation (EC) No 1223/2009, CLP and the fertilising products rules.
Parliament's adopted text is resolution P10_TA(2026)0362. It records that a Council representative undertook, on 26 June 2026, to approve Parliament's position. That is a commitment, not a completed Council adoption. The text sets entry into force on the 20th day after Official Journal publication. Check the Official Journal for the final regulation number and publication date.
This is EU-market law only. It does not change Great Britain cosmetics law by itself.
How Article 15 CMR bans work today
Article 15 of the Cosmetics Regulation ties cosmetic bans to harmonised CMR classifications in Part 3 of CLP Annex VI. CMR means carcinogenic, mutagenic or toxic for reproduction.
A category 2 CMR is banned in cosmetics unless the SCCS has evaluated it and found it safe for cosmetic use, and the Commission adopts measures to allow that exception. A category 1A or 1B CMR can only stay if all four conditions in Article 15(2) are met:
- it complies with the food safety requirements of Regulation (EC) No 178/2002
- an analysis of alternatives shows no suitable alternative exists
- someone applies for a particular use in a product category with known exposure
- the SCCS finds it safe, taking into account cosmetic exposure, other sources and vulnerable groups
Today's Article 15(2) also tells the Commission to amend the annexes within 15 months of the substance being added to CLP Annex VI. That deadline binds the Commission. It doesn't let companies keep selling stock for 15 months. Current Article 15 has no sell-through periods for businesses at all.
The new withdrawal and sell-through periods
Parliament's adopted text would insert a new Article 15(6) with the three cases below. Every period starts when the relevant cosmetics Annex II amendment enters into force.
| Case | Placing on the market may continue for | Making available may continue for |
|---|---|---|
| CMR 1A, 1B or 2, no derogation requested | 6 months | 12 months |
| CMR 1A, 1B or 2, derogation refused on SCCS safety grounds | 3 months | 9 months |
| CMR 1A or 1B, derogation refused because a suitable alternative is available | 24 months | 36 months |
In the third case the cosmetic product safety report must also be updated. The longest period also applies only to category 1A and 1B substances, so a category 2 substance can't get 36 months.
Under Article 2(1) of the Cosmetics Regulation, "making available" is any commercial supply on the EU market for distribution, consumption or use, whether paid or free. "Placing on the market" is the first making available. The first number is the cut-off for first supply onto the EU market. The second is the cut-off for later commercial supply of stock already placed, including by distributors and retailers.
Both numbers in a pair count from the same date. So 6/12 means 6 months and 12 months from Annex II entry into force, not 6 months plus another 12.
The Commission's July 2025 proposal had one model for all cases, 12 months for placing on the market and 24 for making available. Parliament replaced it with the table above.
Derogation requests and the other clocks
Parliament's text adds more deadlines, and each one has its own trigger. They do not share a start date with the market periods above:
- A derogation request for a category 1A, 1B or 2 substance is due within three months after the CLP Annex VI classification amendment enters into force.
- The Commission's 15-month deadline to amend the cosmetics annexes also runs from entry into force of that CLP amendment.
- For category 1A and 1B, filing a derogation request can extend that 15 months by 12 months. Don't assume the same extension for category 2 requests.
So one substance can have three dates to track: CLP entry into force, the derogation outcome and the cosmetics Annex II entry into force. The market periods start at the Annex II date, not at the CLP date or the derogation outcome.
The 1A/1B derogation test changes too. The food safety condition goes. What stays is no suitable alternative, plus an SCCS finding of safety for particular uses and product categories, still taking exposure and vulnerable groups into account. A suitable alternative must be safe, lower overall risk to human health, match the function with comparable efficacy and performance, be technically and economically feasible, and not be restricted. It must also be available at enough scale for current demand, or have the potential to meet current or expected demand.
The October text doesn't add an automatic exemption for a given exposure route. An SCCS assessment of exposure for a specific use is still a case-by-case decision.
What cosmetics makers should do now
Keep working to the bans that apply today. Existing ingredient acts have their own dates. Regulation (EU) 2025/877 moved TPO into Annex II from 1 September 2025, and Regulation (EU) 2026/78, covering new prohibitions and ingredient-specific permitted or restricted uses, has applied since 1 May 2026. The proposed Omnibus VI periods aren't permission to extend those existing deadlines. Check the final act and its commencement provisions before relying on any new period.
The steps below follow Parliament's position, not rules that already apply. Treat them as preparation:
- List each ingredient in your portfolio with a harmonised CMR classification, and note its category.
- For any substance you may want to defend, start the alternatives analysis and SCCS dossier work early. Under Parliament's text, three months from the CLP amendment is a short window.
- In your compliance calendar, track the CLP act, the derogation outcome and the Annex II act as separate dates.
- Plan two stock deadlines per product, one for first supply and one for downstream stock. For the 24/36 month route, add the safety report update to the plan.
- Watch Council's first-reading position and the Official Journal, then read the final text before you rely on these periods.
Under Article 15, a request, an SCCS opinion or a safety report update isn't approval by itself. The proposed periods cover commercial supply, not a duty for consumers to stop using products they already own. RegAffairs AI's answer on Omnibus VI cosmetics changes links to the stored Article 15 text.