Omnibus VI Cosmetics Changes
What does Omnibus VI change for cosmetics?
Omnibus VI changes the EU Cosmetics Regulation (EC) No 1223/2009 in five main areas. It sets deadlines and three tiers of sell-off periods for the CMR ban under Article 15, and narrows the derogation criteria. It adds a formal route for listing colorants, preservatives and UV filters. It keeps the nanomaterial pre-notification, which the Commission had wanted to scrap. It switches labelling to the "internationally recognised nomenclature", and it cuts some reporting duties. It is not law yet: Parliament adopted the agreed text at first reading on 22 October 2026 (T10-0362/2026), and the procedure is now "Awaiting Council's 1st reading position" (Parliament procedure file 2025/0531(COD)). The consolidated Cosmetics Regulation in our data (version of 18 May 2026) still has the old Article 15 [1].
Approach: I checked the consolidated EU Cosmetics Regulation in our datasets, then the Commission proposal COM(2025) 531, the Parliament procedure file and research briefing, and the Council note of 23 June 2026 with the final compromise text. I could not open Parliament's 22 October adopted text or the Council press releases, so the provisions below come from that June compromise text. It is a track-changes document, so wording may still shift in legal-linguistic revision.
Changes in the agreed text (Council doc 10621/26, Annex, Article 2)
| Area | What changes |
|---|---|
| New Article 14a (colorants, preservatives, UV filters) | Anyone may ask for a substance to be added to Annex IV, V or VI, with scientific evidence that it is safe. The Commission asks the SCCS for an opinion "without undue delay". The SCCS has 12 months to give it, and the Commission may extend that if more evidence is needed. |
| Article 15: deadline for derogation requests | For CMR categories 1A, 1B and 2, a derogation request must reach the Commission no later than three months after the CLP Annex VI amendment that classifies the substance enters into force. For 1A/1B, the deadline for the Commission's measure may be extended by 12 months once a request has been filed. |
| Article 15: criteria for 1A/1B derogations | Two conditions remain: (a) no suitable alternatives, documented in an analysis of alternatives; and (b) the SCCS finds the substance safe for particular uses, taking account of overall exposure and vulnerable groups. Today's conditions on food-safety compliance and on "a particular use… with a known exposure" are gone [1]. |
| Suitable alternatives | An alternative counts only if it: is safe and lowers overall risk; works equivalently; is technically and economically feasible; and is not restricted or protected by exclusive rights, and is available at scale. The Commission must publish guidance on the analysis of alternatives within 12 months of entry into force. It must also list on its website the substances with pending derogation requests, so third parties can submit information on alternatives. |
| Plant-derived complex substances (new Article 15(6)) | The ban does not apply to unmodified plant extracts with more than one constituent just because one constituent is classified CMR 1A, 1B or 2. Instead the Commission must ask the SCCS for an opinion (due in 12 months, extendable by 6) and then amend the Annexes. "Plants" includes fungi, algae, lichens and yeasts. |
| Sell-off periods for CMR bans (new Article 15(7)) | No request filed: 6 months to stop placing on the market, 12 months to stop making available. Request refused on safety grounds: 3 months and 9 months. Substance found safe but refused because alternatives exist: 24 months and 36 months, and the product safety report (CPSR) must be updated. |
| Nanomaterials (Article 16(3)) | Prior electronic notification to the Commission stays, with the existing data set: identity, specification, quantity, tox profile, safety data and exposure. Nanomaterial specification and safety data are also added to the safety report requirements in Annex I, Part A, point 2. |
| Labelling (Article 19) | Ingredient names must use the common ingredient name under the "internationally recognised nomenclature". Article 33 (the Common Ingredients Glossary) is deleted, and the Annex III-VI column headings are renamed. A new Article 19(6a) requires distance-sales offers to "clearly and visibly indicate" the information in Article 19(1)(a), (b), (d), (f) and (g). |
| Reporting (Article 22) | The Member State obligation to review market surveillance and report on it every four years is deleted. The Commission says ICSMS made it redundant (COM(2025) 531). |
Where the final deal moved away from the Commission proposal
- Nanomaterials: the Commission wanted to drop pre-notification and rely on the safety report instead. The co-legislators reinstated it (COM(2025) 531; Council note, para. 17).
- Sell-off periods: the Commission proposed one scheme of 12 months to stop placing on the market and 24 months to stop making available. The three-tier scheme above replaced it.
- Route of exposure: the Commission proposed that substances classified CMR only by the oral or inhalation route should escape the ban. Both the Council mandate and Parliament's committees rejected this (EPRS briefing), and Parliament's Legislative Train lists rejection of exposure-route exemptions as part of the deal (Legislative Train). However, an Article 15(5) on this still shows in the track-changes compromise text, so check that point in the version published in the Official Journal.
Timing: the Regulation enters into force 20 days after publication in the Official Journal. The cosmetics amendments apply from entry into force, except the new distance-sales rule in Article 19(6a), which applies 12 months later (Article 5(5) and 5(5a) of the compromise text). The Commission said in June 2026 that it expects entry into force by the end of 2026 (Commission news, 16 June 2026).
When do cosmetics with newly classified CMR substances need to leave the market?
Under the rules in force today, there is no sell-off period. A newly classified CMR substance is banned in cosmetics from the date its CLP Annex VI classification applies. Once Omnibus VI is in force, it adds a grace period of 3 to 36 months, depending on whether a derogation was requested and what happened to it.
Approach: I read the in-force consolidated text of the EU Cosmetics Regulation (EC) No 1223/2009 (version of 18 May 2026) and the recent "CMR omnibus" amending regulations in our datasets. The Omnibus VI periods come from the Council compromise text cited in my previous answer. That text has not yet been published in the Official Journal.
Current law (Article 15)
- Using substances classified CMR 1A, 1B or 2 under Part 3 of CLP Annex VI "shall be prohibited". Category 2 substances may still be used if the SCCS finds them safe. Category 1A/1B substances may be used only under the Article 15(2) derogation conditions. The Commission must amend the Cosmetics Regulation annexes "within 15 months" of the CLP Annex VI listing [1].
- In practice, each CMR omnibus regulation applies from the same date as the CLP amendment it follows:
| Cosmetics CMR omnibus | Follows CLP Delegated Reg. | Applies from |
|---|---|---|
| (EU) 2021/850 | 2020/217 | 1 Oct 2021 (for the points of its Annex listed in Article 3) [2][3] |
| (EU) 2021/1902 | 2020/1182 | 1 Mar 2022 [4][5] |
| (EU) 2022/1531 | 2021/849 | 17 Dec 2022 [6][7] |
| (EU) 2023/1490 | 2022/692 | 1 Dec 2023 [8][9] |
| (EU) 2025/877 | 2024/197 | 1 Sep 2025 [10][11] |
| (EU) 2026/78 | 2024/2564 | 1 May 2026 [12] |
- The recitals give the reason: the amendments "should apply from the same date as those classifications" [2].
- The application-date articles of these regulations set no separate, later date for making products available. Compare a non-CMR act such as Regulation (EU) 2019/698, which gave separate "placed on the market" and "made available" dates three months apart [13].
After Omnibus VI applies (new Article 15(7), compromise text)
| Situation | Stop placing on the market | Stop making available |
|---|---|---|
| No derogation request filed | 6 months | 12 months |
| Request refused on safety grounds | 3 months | 9 months |
| Found safe but refused because suitable alternatives exist | 24 months (and the safety report must be updated) | 36 months |
Source: Council doc 10621/26, Annex, Article 2. To take part in the derogation route, a request must reach the Commission within three months of the CLP Annex VI amendment entering into force (same source). These periods will only bind once the Regulation is published in the Official Journal and enters into force. Until then, the same-day ban under current law applies.
Has the new law taken effect yet?
No. Omnibus VI has not taken effect, and it is not law yet. Parliament's procedure file for 2025/0531(COD) shows the procedure at "Awaiting Council's 1st reading position". It records no Council adoption, no signature and no publication in the Official Journal so far (Parliament procedure file).
Approach: I checked the EU Cosmetics Regulation (EC) No 1223/2009 records in our datasets, both the consolidated text and the amending acts, and then Parliament's procedure file.
Where the procedure stands (Parliament procedure file):
| Date | Step |
|---|---|
| 8 Jul 2025 | Commission proposal COM(2025) 531 |
| 29 Apr 2026 | Parliament decision, first reading (T10-0138/2026) |
| 26 Jun 2026 | Text agreed in interinstitutional negotiations |
| 22 Oct 2026 | Parliament decision, first reading (T10-0362/2026) |
| Pending | Council position, signature, Official Journal publication |
What applies today
- Our datasets hold two 2026 amending acts to the Cosmetics Regulation: Regulation (EU) 2026/78 and Regulation (EU) 2026/909. There is no Omnibus VI act among them. The latest consolidated version is dated 18 May 2026.
- Article 15 in that consolidated text is still the old wording [1]:
- CMR 1A/1B derogations still require all four conditions, including food-safety compliance and "a particular use of the product category with a known exposure".
- There are no sell-off periods.
- Article 33 (the Common Ingredients Glossary), which Omnibus VI would delete, is also still in force [14].
When it will start to apply: under the compromise text, the Regulation enters into force 20 days after it is published in the Official Journal. The cosmetics changes apply from that date, except the distance-sales labelling rule in Article 19(6a), which applies 12 months later. The Commission said in June 2026 that it expects entry into force by the end of 2026. Until publication, the same-day CMR ban and the other current rules in Regulation 1223/2009 still apply.