As part of its simplification drive, the European Commission wants to relax the rules for these substances. Member states aren’t convinced.

Member countries are set to oppose the European Commission's proposal to lift a blanket ban on cancer-causing chemicals in certain cosmetic products, according to a draft proposal seen by POLITICO.

The Council of the EU proposal, which is still subject to change, is a more up-to-date version of a draft previously reported on by POLITICO.

As part of its simplification drive, the Commission wants to relax the rules for carcinogenic, mutagenic, and reprotoxic (CMR) substances by lifting an automatic ban on non-ingested cosmetics.

The idea is that cosmetics containing these substances pose lower risk when they are not inhaled or swallowed. It was one of the more controversial measures in the Commission's Chemicals Omnibus bill released in July.

In its latest draft position on the bill, dated Oct. 27, the Council of the EU's working body on simplification rejects the Commission's exemption, proposing instead that substances are "still subject to the prohibition under Article 15 of Regulation (EC) No 1223/2009."

That would mean that all CMR substances would remain automatically banned from cosmetics, regardless of whether the hazard stems from ingestion, inhalation or skin contact. However, exemptions could still be granted on a case-by-case basis by the Commission's Scientific Committee on Consumer Safety (SCCS).

That's the reverse of the Commission's proposal, in which the base case for non-ingested products would be exemptions, but which would still allow the SCCS to ban certain CMR substances on a case-by-case basis.

The Council — which represent governments of the 27 EU member countries — says the SCCS should in their assessments "especially focus on the use of the substance in product groups where ingestion or inhalation can happen," pointing to examples such as toothpastes, lip products, powders, and sprays.

Council officials will meet on Thursday to discuss the proposed changes.

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