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Monday, July 24, 2023European Commission

Publication of the 6th European CMR Regulation

Publication du 6e Règlement CMR européen

The European Union has just published Regulation 2023/1490, the 6th annual text aiming to ban or regulate substances recently classified as CMR. It confirms the new bans on seven ingredients with INCI names and applies from 1 December 2023.

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This Regulation deals with substances classified as CMR by Delegated Regulation 2022/692 (18th ATP of CLP), which will apply from 1st December 2023.

Key points of Regulation 2023/1490

• This text bans a total of 30 new substances, and extends the ban on 2-ethylhexanoic acid to its salts.
• Seven substances classified as CMR have INCI names and have not been defended by the industry.
• The following are therefore prohibited: Benzophenone, Theophylline, Melamine, Azadirachta indica seed extract, Trimethylolpropane triacrylate, Pentetic acid, and Pentasodium pentetate.
• This Regulation comes into force on the same date as the ATP it transposes, 1 December 2023.

The “Whereas” of Regulation 2023/1490

(1) Regulation (EC) No.1272/2008 of the European Parliament and of the Council (CLP Regulation) provides for a harmonised classification of substances as carcinogenic, mutagenic or toxic for reproduction (CMR) based on a scientific assessment by the Risk Assessment Committee of the European Chemicals Agency. The substances are classified as CMR substances of category 1A, CMR substances of category 1B or CMR substances of category 2 depending on the level of evidence of their CMR properties.

(2) Article 15 of Regulation (EC) No.1223/2009 provides that substances which have been classified as CMR substances …

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