Amending Regulations (EC) No 1272/2008, (EC) No 1223/2009 and (EU) 2019/1009 as regards simplification of certain requirements and procedures for chemical products

Wording as published by the EP, in English.

1. Amendment 90 · Proposal to reject the Commission proposalRejected

   Citation 5 a (new)

   Tabled by Per Clausen, Anja Hazekamp, Emma Fourreau · The Left

   Added: The European Parliament rejects the Commission proposal.

2. Amendment 91 · Amendments to Regulation (EC) No 1223/2009Rejected

   Recital 15 a (new)

   Tabled by Per Clausen, Anja Hazekamp, Emma Fourreau · The Left

   Added: (15a) In the Chemical Strategy for Sustainability, the Commission committed to ensure that consumer products, including cosmetics do not contain chemicals that cause cancers, gene mutations, affect the reproductive or the endocrine system, or are persistent and bioaccumulative.

3. Amendment 92 · Amendments to Regulation (EC) No 1223/2009Rejected

   Recital 15 b (new)

   Tabled by Per Clausen, Anja Hazekamp, Emma Fourreau · The Left

   Added: (15b) Endocrine disrupting chemicals are increasingly linked to diseases acting via the hormonal system. Their use represents a serious risk to human health as well as creating an economic cost for society. As hormones control brain development and growth, exposure to endocrine-disruptors during foetal development and puberty can lead to irreversible effects, some being detected only many years later. Endocrine-related disorders impact in particular the functioning of the thyroid, the immune system, the reproduction system and the overall human metabolism. Cosmetics should not contain endocrine disrupting chemicals.

4. Amendment 93 · Amendments to Regulation (EC) No 1223/2009Rejected

   Recital 22

   Tabled by Per Clausen, Anja Hazekamp, Emma Fourreau · The Left

   … and destroy the unsold products not complying with the new requirements. Therefore, Removed: periods of 12 months for placing and 24 Added: a period of 6 months for making available on the market of cosmetic products containing the …

5. Amendment 95 · Amendments to Regulation (EC) No 1223/2009Rejected

   Article 2 – paragraph 1 – point 2 – point a a (new)

   Tabled by Per Clausen, Anja Hazekamp, Emma Fourreau · The Left

   Added: (aa) The following paragraph is inserted after the second paragraph: 2a. The use in cosmetic products of substances classified as endocrine disruptor for human health of category 1A or 1B, or category 2 under Part 3 of Annex VI to Regulation (EC) No 1272/2008 shall be prohibited.

6. Amendment 96 · Amendments to Regulation (EC) No 1223/2009Rejected

   Article 2 – paragraph 1 – point 2 – point b

   Tabled by Per Clausen, Anja Hazekamp, Emma Fourreau · The Left

   Removed: Cosmetic products containing a substance classified as Added: Where a CMR substance of category 1A, 1B, or 2 Added: or an endocrine disruptor for human health of category 1 or 2, classified under Part 3 of Annex VI to Regulation (EC) No Removed: 1272/2008 prohibited from use in cosmetic products or such substance Added: 1272/2008, following a derogation request made in accordance with paragraph 1 or paragraph 2, second subparagraph, is prohibited or further restricted from use, cosmetic products containing that substance or not compliant with a restriction may continue to be Removed: placed on the market for 12 months and be made available on the market for Removed: 24 Added: 6 months after the entry into force of the relevant amendments to the …

7. Amendment 97 · Amendments to Regulation (EC) No 1223/2009Rejected

   Article 2 – paragraph 1 – point 2 – point b

   Tabled by Per Clausen, Anja Hazekamp, Emma Fourreau · The Left

   Added: The following paragraph is inserted after the seventh paragraph: Where cosmetic products containing a substance prohibited from use in cosmetic products or such substance not compliant with a restriction are placed or made available on the market during the set transition period, they shall bear a clear notice on the front of the packaging indicating the presence of the concerned substance and its classification, including the relevant signal word and hazard pictogram, ensuring that it is clear to the consumers that these substances pose risks to human health.

8. Amendment 98 · Amendments to Regulation (EC) No 1223/2009Rejected

   Recital 2 a (new)

   Tabled by Antonín Staněk, Mathilde Androuët, Valérie Deloge +6 · PfE

   Added: (2 a) Agricultural producers in the Union are increasingly exposed to international competition from third countries where regulatory, environmental and safety requirements are less stringent. This situation creates significant distortions of competition and places Union farmers at a disadvantage. In this context, it is essential that regulatory framework affecting fertilising products and agricultural inputs do not further increase production costs for Union farmers, while at the same time enhance their competitiveness, innovation and resilience.

9. Amendment 100 · Amendments to Regulation (EC) No 1223/2009Rejected

   Recital 22 a (new)

   Tabled by Marie Toussaint · Verts/ALE

   Added: (22 a) Per- and polyfluorinated alkyl substances (PFAS) are a large family of more than 10 000 man-made chemicals. PFAS have been used in an increasingly wide range of products, including cosmetic products. A core concern is the persistency of all PFAS leading to increasing environmental concentrations. Moreover, exposure to the most studied PFAS has been associated with a range of adverse health effects. The use of PFAS in cosmetics and its ingredients should be prohibited.

10. Amendment 101 · Amendments to Regulation (EC) No 1223/2009Rejected

    Article 2 – paragraph 1 – point 2 a (new)

    Tabled by Marie Toussaint · Verts/ALE

    Added: (2 a) The following Article is inserted: Article 15a Per- and polyfluoroalkyl substances (PFAS) 1. The intentional use of per- and polyfluoroalkyl substances (PFAS) shall be prohibited in cosmetic products. ‘PFAS’ means any substance that contains at least one fully fluorinated methyl (CF3 -) or methylene (-CF2 -) carbon atom (without any H/Cl/Br/I attached to it. 2. Paragraph 1 shall apply as of [OP: please insert the date of 18 months after entry into force of this Regulation]. 3. Restrictions or prohibitions on the use of PFAS laid down in accordance with Regulation (EC) No 1907/2006 or (EU) 2019/1021 of the European Parliament and of the Council shall take precedence over paragraph 1.

11. Amendment 104 · Amendments to Regulation (EC) No 1223/2009Rejected

    Article 2 – paragraph 1 – point 2 – point -a (new)

    Tabled by Marie Toussaint · Verts/ALE

    Removed: The Added: (-a) paragraph 1 is replaced by the following "The use in cosmetic products of substances classified as CMR Removed: substances, Added: substances of category 1A or 1B Added: and of endocrine disruptors of category 1 under Part 3 of Annex VI to Regulation (EC) No 1272/2008 shall be Removed: prohibited. Added: prohibited." (in case of adoption, Article 13(1), the title of Article 15, Article 15(2) second subparagraph and subparagraph 4a, Article 15(7) and Recital 22 should be modified accordingly)

12. Amendment 105 · Amendments to Regulation (EC) No 1223/2009Rejected

    Article 2 – paragraph 1 – point 2 – point b

    Tabled by Marie Toussaint · Verts/ALE

    Added: 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 made available on the market until three 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 made available on the market until three 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 … use in cosmetic products or such substance not compliant with a restriction Added: and for which a derogation request was submitted in accordance with paragraph 2 of this Article, but not granted due to the availability of a suitable alternative, may continue to Removed: be placed on the market for 12 months and be made available on the market for 24 months after the entry into force of the relevant amendments to the relevant Annexes to this Removed: Regulation.’ Added: Regulation and where an updated cosmetic product safety report (CPSR) remains available, where needed.' (Amendment further away from the COM proposal as compared to AM 61 by deleting any delays for “placing on the market”, and by reducing the delays for making available on the market in the first two cases to three months as compared to fifteen or twelve months, outweighing not changing the delay of 24 months for the third case)

13. Amendment 117 · Amendments to Regulation (EC) No 1223/2009Rejected

    Article 2 – paragraph 1 – point 2 – point a – point i a (new)

    Tabled by Sigrid Friis, Christel Schaldemose, Yvan Verougstraete +58 · Members

    Added: (i a) The first subparagraph is replaced by the following: 2. The use in cosmetic products of substances classified as CMR substances, of category 1A or 1B, or as endocrine disruptors for human health, of category 1 or 2, under Part 3 of Annex VI to Regulation (EC) No 1272/2008 shall be prohibited.