Delegated Regulation (EU) 2024/2564 of 19 June 2024 was published in the Official Journal of the European Union on 30 September 2024. This is the 22nd ATP (Adaptation to Technical and Scientific Progress) of the European CLP Regulation (Classification, Labelling and Packaging of Substances). It concerns a total of 17 substances that may be used in cosmetics, including four with a new CMR classification, which ultimately threatens their use in cosmetic products. This Regulation shall apply from 1st May 2026.
The key points of Regulation (EU) 2024/2564
• This Regulation is based on the opinions formulated by the Risk Assessment Committee (RAC) of the European Chemicals Agency (ECHA) between 18 March 2022 and 1 December 2022 on the proposals for harmonised classification and labelling of certain substances.
• It involves a total of 17 substances that may be used in cosmetic products (listed in CosIng, not present in Annex II of the Cosmetics Regulation, which lists prohibited ingredients).
• Four of these are classified as CMRs (Silver, Hexyl Salicylate, the preservative o-Phenylphenol and N,N’-Methylenebisacrylamide), which, in accordance with Article 15 of Regulation 1223/2009, paves the way for a possible ban on their use in cosmetics, unless exempted following an opinion from the SCCS.
• It should be noted that the industry has not defended N,N’-Methylenebisacrylamide, unlike the other three ingredients for which mandates have been given to the SCCS for assessment. The Scientific Committee has already published:
-> its final Opinion on Silver in June 2024,
-> a first final Opinion on Hexyl Salicylate in February 2024 and a preliminary Opinion for an addendum concerning children’s exposure in July 2024,
-> a preliminary Opinion on o-Phenylphenol in July 2024.
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