On 16 February 2026 United Kingdom’s Department for Business and Trade Explanatory Memorandum Addresses Commission Regulation 2026/78, adopted on 12 January 2026, which amends Annexes II, III, IV, and V of the EU Cosmetics Regulation (EC) No 1223/2009. These changes incorporate updated classifications under the CLP Regulation (EC) No 1272/2008 for substances deemed carcinogenic, mutagenic, or toxic for reproduction (CMR categories 1A, 1B, or 2), imposing prohibitions or restrictions on their use in cosmetic products to safeguard consumer health.
Under Article 15 of the EU Cosmetics Regulation, newly classified CMRs are automatically banned, superseding prior allowances, unless industry-submitted safety evidence secures exemptions via the Scientific Committee on Consumer Safety (SCCS). Exemptions were granted for three substances: Silver (capped at 0.05–0.2% based on particle size and product type); Hexyl Salicylate (0.001–2% limits by application, with extra safeguards for children under three); and O-Phenylphenol (0.15–0.2% thresholds, plus eye-contact warnings). Remaining CMRs join Annex II as outright prohibitions.
Pursuant to the Windsor Framework's Annex 2, the regulation takes legal effect on 12 May 2026 for cosmetics first placed on the Northern Ireland market, aligning with EU-wide application and requiring immediate compliance. Great Britain operates under the independent UK Cosmetics Regulation, with equivalent bans for non-exempt CMRs enacted via Statutory Instruments 2026/23 (laid 15 January 2026) and No. 2 (9 February 2026). For Hexyl Salicylate, a parallel exemption with restrictions followed Scientific Advisory Group on Chemical Safety (SAG-CS) review. Silver and O-Phenylphenol await prioritised SAG-CS assessments, informed by the Office for Product Safety and Standards' (OPSS) June 2025 data call, to mirror EU standards swiftly while preserving the UK internal market.
Devolved governments were consulted, with no Northern Ireland Executive concerns raised; this reserved policy falls under the DBT Secretary of State's remit. No Northern Ireland-specific consultation occurred, but OPSS's prior data gathering and SAG-CS opinions- published for stakeholder input- guide GB decisions. The Health and Safety Executive aligns GB's Mandatory Classification and Labelling List with EU harmonised CMR updates post-ministerial approval, ensuring minimal trade disruptions as Northern Ireland-compliant goods enjoy unfettered access to Great Britain.