What changed between the plenary report and the adopted text

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 2 a (new), Article 17 – paragraph 1 – subparagraph 1 a (new): (2a) in Article 17(1) the following subparagraph is added: / ‘The telephone number in point (a) of the first subparagraph may be omitted from the label if such telephone number is directly available through the digital contact.’

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 3, Article 25 – paragraph 6 – subparagraph 3: The label shall also include the product identifier referred to in Article 18 and the name, address, digital contact of the supplier(s) of the mixture and the telephone number, unless this telephone number is directly available through the digital contact. Without prejudice to the deadline established in Article 61(8), the inclusion or change to the digital contact may be added or updated at any time or during the supplier’s regular label update cycles;

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 4 – introductory part, Article 29 – paragraph 2: (4) in Article 29 paragraphs 1 and 2 are replaced by the following: / "1. Where the packaging of a substance or a mixture is either in such a shape or form or is so small that it is impossible to meet the requirements laid down in of Article 31 for a label in the languages of the Member State in which the substance or mixture is placed on the market, the label elements set out in Article 17(1) shall be provided in accordance with section 1.5.1 of Annex I.;"

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 4, Article 29 – paragraph 2: 2. The label elements set out in Article 17(1) may be reduced in accordance with the rules set out in section 1.5.2. of Annex I. where: a) the content of the packaging of a substance or a mixture does not exceed the quantities indicated in section 1.5.2. of Annex I; and b) the packaging is either in such a shape or form or is too small in size to allow for a full reference to all the elements referred to in Article 31 in all the languages of the Member State in which the substance or mixture is placed on the market.”

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 4 a (new), Article 29 – paragraph 2 a (new): (4a) In article 29, the following paragraph is inserted: / 2a. By way of derogation from Article 17(1) and Article 25(6), the label elements of ink cartridges may be reduced in accordance with the rules set out in 1.5.2.5a of Annex I. For the purpose of this paragraph, ‘ink cartridge’ means a replaceable unit that holds ink and which must be inserted into a printer during printing.

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 5, Article 30 – paragraph 1: 1. In the event of a change regarding the classification or labelling of a substance or a mixture, which results in the addition of a new hazard class or in a more severe classification, or which requires new supplemental information on the label in accordance with Article 25, the supplier of that substance or that mixture shall ensure that the label is updated without undue delay and in any event no later than eighteen months after the results of the new evaluation referred to in Article 15(4) are obtained by, or communicated to, that supplier. With a view to complete the changes to the labelling without undue delay, suppliers shall cooperate in accordance with Article 4(9) and inform their direct downstream users about the results of the new evaluation as referred to in subparagraph 1 in accordance with the applicable requirements of Regulation (EC) 1907/2006. Suppliers may apply the new or updated classifications and adapt the labelling accordingly on a voluntary basis before the expiry of the eighteen months period, in order to ensure a high level of protection of human health and the environment and to provide sufficient flexibility;

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 6, Article 31 – paragraph 3: 3. The label elements referred to in Article 17(1) shall be clearly and indelibly marked. They shall stand out clearly from the background and they shall be of such a size and spacing as to be easy to read. They shall be formatted in accordance with section 1.2.1 of Annex I.;

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 7, Article 48 – paragraph 1: 1. Any advertisement to the general public for a substance or a mixture classified as hazardous or a mixture containing substances referred to in Part 2 of Annex II shall always include the sentence: ‘Always read the label and product information before use.’, and shall also include one of the following: a) the applicable hazard pictogram(s); or b) the relevant signal word in accordance with Article 20.

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 7, Article 48 – paragraph 1 – subparagraph 1 a (new): The first subparagraph shall not apply to advertisements to professional users for substances or mixtures intended for use in the course of their industrial or professional activities, provided that the advertisement is not targeted at or directly made available to the general public.

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 8, Article 48a: 1. When substances or mixtures are placed on the market for the general public through distance sales, the offer shall clearly and visibly indicate the label elements referred to in Article 17; / 2. Paragraph 1 also applies to distance sales offers to professional users for substances or mixtures intended for use in the course of their industrial or professional activities, if the offer allows a member of the general public to conclude a distance contract as defined in Article 2, point (7) of Directive 2011/83/EU;’

Regulation (EC) No 1272/2008

Article 1 – paragraph 1 – point 9 – point a, Article 61 – paragraph 8: 8. Substances and mixtures which have been classified, labelled and packaged in accordance with Article 18(3) as applicable on 9 December 2024 and which were placed on the market before 1 January 2027 shall not be required to be classified, labelled and packaged in accordance with this Regulation as amended by Regulation (EU) 2024/2865 of the European Parliament and of the Council until 1 January 2029. Substances and mixtures which have been classified, labelled and packaged in accordance with Article 31(3) and section 1.2.1 of Annex I as applicable on 9 December 2024 and which were placed on the market before 1 January 2028 shall not be required to be classified, labelled and packaged in accordance with this Regulation as amended by Regulation (EU) 2024/2865 of the European Parliament and of the Council until 1 January 2030.’

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 1, Article 14a – paragraph 2: 2. After receiving the request referred to in paragraph 1, the Commission shall request the opinion of the SCCS on the safety of the substance for use in cosmetic products without undue delay.

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point i, Article 15 – paragraph 2 – subparagraph 2 – introductory part: 2. However, such substances may be used in cosmetic products exceptionally, if a derogation request is submitted to the Commission at the latest three months after at the date of entry into force of the amendments to Part 3 of Annex VI to Regulation (EC) No 1272/2008 classifying the substance as CMR substance of category 1A or 1B, and the Commission grants the derogation from the general prohibition laid out in subparagraph 1. The Commission may grant the derogation where all of the following conditions are fulfilled:

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point i, Article 15 – paragraph 2 – subparagraph 2 – point b: (b) the substances have been evaluated and found safe by the SCCS for one or more particular uses of one or more cosmetic product categories considering overall exposure from the uses in those products categories as well as from sources other than cosmetics and of vulnerable population groups.

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point ii, Article 15 – paragraph 2 – subparagraph 3 – point a: (a) its use in cosmetic products is safe and results in reduction of overall risk to human health, when assessed against the substance it is intended to replace;

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point ii, Article 15 – paragraph 2 – subparagraph 3 – point b: (b) it provides an equivalent function to the classified substance, in a finished cosmetic product with a comparable effect, level of efficacy and performance;

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point ii, Article 15 – paragraph 2 – subparagraph 3 – point c: (c) is technically feasible and economically feasible provided costs and supply conditions allow sustained production;

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point ii, Article 15 – paragraph 2 – subparagraph 3 – point d: (d) it is not restricted and is either available on the market at scale and in quantities sufficient to meet current demand or has the potential to meet current or expected demand in a reasonable timeframe.

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point ii a (new), Article 15 – paragraph 2 – subparagraph 3 a (new): (ii a) The following subparagraph is inserted after the third subparagraph: / 'The Commission shall consult relevant stakeholders for the purpose of the second subparagraph, point (a) and for the purpose of the third subparagraph.'

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point iii – introductory part, Article 15 – paragraph 2 – subparagraph 5: (iii) the following subparagraphs are inserted after the fourth subparagraph:

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a – point iii, Article 15 – paragraph 2 – subparagraph 5: The deadline laid down in the fourth subparagraph of this paragraph shall start on the date of entry into force of the relevant amendments to Part 3 of Annex VI to Regulation (EC) No 1272/2008 classifying the substance concerned as CMR substance of category 1A, or 1B.

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point a, Article 15 – paragraph 2 – subparagraph 5 a (new): 5a. Where a derogation request referred to in the second subparagraph of paragraph 2 has been submitted for CMR substances of category 1A, or 1B, this deadline may, where relevant, be extended by twelve months.

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point b, Article 15 – paragraph 5: deleted

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point b, Article 15 – paragraph 6: 6. The prohibition referred to in paragraphs 1 and 2 of this Article shall not apply to substances extracted from plants or plant parts and not chemically modified as defined in Article 3, point (40), of Regulation (EC) No 1907/2006, containing more than one constituent, at least one of which has been classified as a CMR substance of category 1A, 1B, or 2 under Part 3 of Annex VI to Regulation (EC) No 1272/2008. As a potential risk to human health arises from the presence of such constituent classified as CMR category 1A, 1B or 2 in such substances in cosmetic products, the Commission shall without delay request an opinion of the SCCS on the safety of that constituent for its presence in cosmetic products. The SCCS shall deliver its opinion within 12 months of the Commission’s request. The Commission may extend that deadline by six months if additional evidence is required. The SCCS shall deliver its final opinion within six months of submission of additional data. The opinion of the SCCS shall be made publicly available. Taking into account the opinion of the SCCS, and where a potential risk to human health arises from the use of a substance referred to in the first subparagraph in cosmetic products containing a constituent classified as CMR category 1A, 1B or 2 for human health, the Commission shall, without undue delay, amend the Annexes to this Regulation. For the purposes of this paragraph, “plants” means living or dead organisms from the kingdoms Plantae and Fungi, incl…

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 2 – point b, Article 15 – paragraph 7: 7. Cosmetic products containing a substance classified as a CMR substance of category 1A, 1B, or 2 under Part 3 of Annex VI to Regulation (EC) No 1272/2008 prohibited from use in cosmetic products and for which no derogation request was submitted in accordance with paragraph 2 or such substance is not compliant with a restriction may continue to be placed on the market for 6 months, and be available on the market for 15 months after the entry into force of the relevant amendments to the relevant Annexes to this Regulation. Cosmetic products containing a substance classified as a CMR substance of category 1A, 1B, or 2 under Part 3 of Annex VI to Regulation (EC) No 1272/2008 prohibited from use in cosmetic products and for which a derogation request was submitted in accordance with paragraph 2, but not granted due to safety concerns by the SCCS or such substance not compliant with a restriction may continue to be placed on the market for 3 months, and be available on the market for 12 months after the entry into force of the relevant amendments to the relevant Annexes to this Regulation. Cosmetic products containing a substance classified as a CMR substance of category 1A, 1B, or 2 under Part 3 of Annex VI to Regulation (EC) No 1272/2008 prohibited from use in cosmetic products or such substance not compliant with a restriction and for which a derogation request was submitted in accordance with paragraph 2, but not granted due to the availability of a suitable alternative, may …

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 3, Article 16 – paragraph 3: (3) In Article 16, paragraphs 3 is replaced by the following: / 3. In addition to the notification under Article 13, cosmetic products containing nanomaterials shall be notified to the Commission by the responsible person by electronic means prior to being placed on the market. The first subparagraphs shall not apply to cosmetic products containing nanomaterials that are in conformity with the requirements set out in Annex III. The information notified to the Commission shall contain at least/ / (a) the identification of the nanomaterial including its chemical name (IUPAC) and other descriptors as specified in point 2 of the Preamble to Annexes II to VI, and / (b) the specification of the nanomaterial including size of particles, physical and chemical properties. / The responsible person may designate another legal or natural person by written mandate for the notification of nanomaterials and shall inform the Commission thereof. The Commission shall provide a reference number for the submission of, which may substitute the information to be notified in case of the same nanomaterial used in different products.

Regulation (EC) No 1223/2009

Article 2 – paragraph 1 – point 4 a (new), Article 19 – paragraph 6 a (new): (4a) In Article 19, the following paragraph is added: / ‘6a. When cosmetic products are made available on the market through distance sales, the offer shall clearly and visibly indicate the information referred to in paragraph 1.’

Article 2 – paragraph 1 – point 8: deleted

Regulation (EU) No 2019/1009

Article 3 – paragraph 1 – point 1, Article 2 – paragraph 1 – point 15a: “digital contact” means any up-to-date and freely accessible online communication channel through which a economic operator can be contacted without the need to register, download or use additional applications specific to the economic operator;’

Regulation (EU) No 2019/1009

Article 3 – paragraph 1 – point 2 – point a – point ii, Article 6 – paragraph 2 – subparagraph 2a: Manufacturers shall ensure that the EU fertilising product is accompanied by the internet address or data carrier through which the EU declaration of conformity can be directly accessed.;

Regulation (EU) No 2019/1009