Publication of the 22nd Adaptation to Technical Progress amending the annexes of the CLP regulation EU 1272/2008

October 2024 - Publication of the 22nd Adaptation to Technical Progress amending the annexes of the CLP regulation EU 1272/2008

On September 30th, 2024, the Regulation EU 2024/2564, a.k.a. the 22nd Adaptation to Technical Progress (ATP) amending the CLP regulation, has been published in the Official Journal of the European Union.

This regulation introduces harmonized hazard classifications for a new batch of chemical ingredients. The date of application is May 1st 2026.

7 of those entries are used in cosmetics and have been classified as CMRs. They are listed in the annex at the end of this page. These ingredients will be banned, except for the 3 ones defended by the industry and for which a favorable SCCS opinion has been issued:

  • HEXYL SALICYLATE – The SCCS has given its favorable opinion at the requested concentrations for adults (SCCS/1658/23) and children under 3 years old (SCCS/1668/24 under finalization):

Product type Maximum concentration (% w/w)
 Hydroalcoholic-based fragrances  2
 All Rinse-off products  0.5
 All Leave-on products  0.3
 Oral care (toothpaste and mouthwash)  0.001
 Products for children under 3 y/o: Shower gel, hand soap, shampoo, hair conditioner, body lotion, face cream, hand cream, lipstick/lip balm, fragrance products  0.1
 Products for children under 3 y/o: Toothpaste  0.001

  • O’PHENYLPHENOL – The SCCS gives a favorable preliminary opinion (SCCS/1669/24 under finalization):

Product type Maximum concentration (% w/w)
 Rinse-off products  0.2
 Leave-on products  0.15

Moreover, O-Phenylphenol and Sodium o-Phenylphenate, when used together, should not exceed the maximum concentration 0.15 % in leave-on cosmetic products.

O-Phenylphenol and Sodium o-Phenylphenate, when used together, should not exceed the maximum concentration 0.2 % in rinse-off cosmetic products.

  • SILVER (micron-sized) – Only a few uses have been considered safe by the SCCS (SCCS/1665/24):

Product type Maximum concentration (% w/w)
 Lip balm  0.2
 Toothpaste  0.05
 Mouthwash  0.05

An Omnibus regulation is expected to add the bans and the restrictions above mentioned in the cosmetic regulation (see Annex for details).

The application deadline for the bans and restrictions in cosmetics will be the same as the enforcement date of these new classifications: May 1st 2026.

Non-compliant products on the EU market after that date will have to be withdrawn.

We hope that this letter will be of help and stay at your disposal for any questions related to this topic. Should you have any question, please, feel free to contact your dedicated Customer Relationship Manager.

ANNEX

List of chemicals used in cosmetics that have been classified CMR by the ATP 22.

Chemical name INCI name Cas No CMR Classification Restriction/Ban in cosmetics
 silver massive: [particle diameter ≥ 1 mm]  SILVER  7440-22-4  Repr. 2  Ban
 silver powder: [particle diameter > 100 nm < 1 mm]  CI 77820; COLLOIDAL SILVER; SILVER  7440-22-4  Repr. 2  Restriction: see above
 silver nano: [particle diameter > 1 nm ≤ 100 nm  CI 77820; COLLOIDAL SILVER; SILVER  7440-22-4  Repr. 2  Ban (already banned via Omnibus nano regulation)
 Hexyl Salicylate  HEXYL SALICYLATE  6259-76-3  Repr. 2  Restriction (see above)
 biphenyl-2-ol; 2-phenylphenol; 2-hydroxybiphenyl  O’PHENYLPHENOL  90-43-7  Carc. 2  Restriction (see above)
 N ,N’-methylenediacrylamide  N,N’-METHYLENEBISACRYLAMIDE  110-26-9  Muta. 1B  Ban
 tert-butyl 2-ethylperoxyhexanoate    3006-82-4  Repr. 1B  Ban

 

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Authors

  • Christophe Brault-Chevalier

    Christophe Brault-Chevalier is the Scientific & Regulatory Affairs Director at Biorius, bringing over 20 years of experience in the cosmetics industry. He has previously held positions at International Flavors & Fragrances Inc. (IFF) and LVMH, further enhancing his expertise in the field.



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    Scientific & Regulatory Affairs Director @ BIORIUS



  • Stéphanie Annet

    Stéphanie is Biorius's Cosmetic Regulatory Affairs Lead and works in the cosmetic industry for almost 10 years.



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    Cosmetic Regulatory Affairs Lead