Regulatory News - October 2026

^{Stano Gajdoš with contributions from Dušan Bašić and Jana Eliášová} 

October pulled in two directions. On paper, EU chemicals law got lighter: Parliament voted through the Omnibus VI changes to CLP labels, and the Council set out longer biocide approvals and lighter rules for small packaging producers. In practice, it got heavier: PFHxA limits, the PFAS foam rules, the new CLP hazard classes and the EU’s ban on generic green claims all apply now. Further ahead, new workplace exposure limits have been adopted, ethanol is on its way to approval as a biocide, and TFA towards classification as toxic for reproduction. Great Britain, meanwhile, worked through three chemicals files at once.

1. Lighter on paper

Three simplification packages moved between late September and October. One is nearly law; the other two are Council positions waiting for Parliament.

The furthest along is Omnibus VI, which simplifies CLP, the Cosmetics Regulation and the Fertilising Products Regulation. Parliament voted through the June deal on 22 October, and Council approval is the last step. The act enters into force 20 days after publication; the relabelling, label-formatting and advertising rules apply 18 months after that, and the digital contact and digital-label changes after 36 months.

For CLP, these are the changes that will affect most labels. After a change that adds a hazard class or makes a classification more severe, the label must still be updated without undue delay, but the outer limit moves from the six months set by the 2024 revision to 15 months. For products sold to the general public, the minimum x-height becomes a single 1.2 mm, or 0.9 mm on packs of 125 ml or less, in place of the 2024 revision’s sca­le of 1.2 to 2.0 mm by pack size. Labels must also give a digital contact, such as an e-mail address or a contact form. The phone number may be left out if it is available through that contact. On inner packaging too constrained to carry a full label, every element except the hazard pictograms may move to a digital label, provided the outer packaging carries everything. Advertisements to the general public need only the pictograms or signal word and the line “Always read the label and product information before use.” Cosmetics get fixed phase-out periods for ingredients newly classified as CMR, ranging from three months to two years for placing on the market, depending on whether a derogation was requested and how the request fared.

For biocides, the approval clock may slow down. On 30 September the Council agreed its negotiating position on the food and feed safety omnibus (Omnibus X), which keeps time-limited approvals of active substances but lengthens them: 15 years for a first approval and 25 years for each renewal. The Commission had proposed moving away from time limits for most substances. Parliament has yet to adopt its position, and the Council presidency aims for a provisional deal on the whole package by the end of 2026.

The first fix to the packaging rules came barely two months after the Packaging and Packaging Waste Regulation, (EU) 2025/40, started to apply on 12 August. In a September plenary debate, MEPs from several groups raised the cost for small companies of registering, paying fees and reporting separately in each Member State; some called for repeal, others for targeted fixes such as thresholds or a single EU registration point. On 21 October the Council agreed its position on one such fix, proposed by the Commission in December 2025: producers established in the EU would not need an authorised representative in another Member State where they make available less than one tonne of packaging a year. Their extended producer responsibility obligations there would stay. The suspension is to be reviewed by the end of 2030, ahead of its planned expiry in 2032, and the Commission points to the coming Circular Economy Act for a broader fix.

The European Product Act, which we promised in September to cover once it is presented, has been pushed back from 6 October without a new date.

What not to miss

• Label owners: hold redesigns until Omnibus VI is in the Official Journal, then plan around the 15-month relabelling limit and the 18-month application date.
• Biocide approval holders and applicants: plan renewals on current approval dates. Nothing changes until Omnibus X is adopted.
• Producers sending small volumes of packaging to other Member States: keep meeting EPR obligations there. Only the authorised-representative requirement may ease, and not before the act is adopted.

Sources: European Parliament — position of 22 October 2026, TA-10–2026–0362 · Council — information note ST 14645/26 · Council — Omnibus X negotiating position, 30 September 2026 · EUR-Lex — Regulation (EU) 2025/40 · Council — packaging negotiating position, 21 October 2026 · Packaging Europe — MEPs on the PPWR’s burden for SMEs, 18 September 2026

2. Heavier in practice

Meanwhile, rules adopted earlier started to apply on schedule. Five now apply: four arrived between 10 October and 1 November, and one in late September without a word from us.

The PFHxA restriction, REACH Annex XVII entry 79, has applied since 10 October to the consumer uses we covered in September. Nothing has changed since. Next come other consumer textiles, such as carpets and upholstery, on 10 October 2027.

On 23 October, the first obligations for PFAS firefighting foams under entry 82 started to apply, added by Regulation (EU) 2025/1988. The general ban on foams at or above 1 mg/L total PFAS applies from 23 October 2030, with transitions to 2035 for certain uses, including Seveso establishments and ships. Until then, the restriction sets conditions on use. PFAS foams may be used only on class B fires, with emissions and exposure kept as low as practicable. Unused stock and PFAS waste must be collected separately for destruction, and each site needs a management plan, reviewed annually and kept for 15 years. Foams placed on the market, other than in portable extinguishers, carry a PFAS warning label in the national language, and users label their stock and waste the same way. For portable extinguishers, the derogation for placing PFAS foams on the market ended the same day, except for alcohol-resistant foams, which have until 23 April 2027.

On 1 November, the transition for substances under the new CLP hazard classes ended. Substances placed on the market before 1 May 2025 must now be classified and labelled, with SDSs to match, against endocrine disruption for human health and for the environment, PBT, vPvB, PMT and vPvM. Annex VI has no harmonised entries in these classes yet, so this is self-classification. The RAC opinions on resorcinol and propyl paraben from our September issue remain the clearest reference points, and TFA (story 3) now adds one for PMT/vPvM.

Also from 1 November, Implementing Regulation (EU) 2025/937 approves DBNPA for in-can preservation (product-type 6), until 31 October 2031, with conditions worth reading twice. DBNPA is a candidate for substitution, and products containing it may be authorised only for short-term preservation by industrial users in three uses: slurries and additives for paper production, paints and coatings and their raw materials, and polymer dispersions. Authorisation is also limited to Member States where the derogation condition in BPR Article 5(2)© is met. Treated articles containing DBNPA may be placed on the market only for the same uses, and must be labelled under Article 58(3). For paint, adhesive and paper-chemical formulators, the practical question is whether the preserved raw materials they buy fall within these three uses.

Since 27 September, the green-claims rules of Directive (EU) 2024/825 apply across the EU, with no transition period and to products and packaging already on the market. Generic environmental claims such as “eco” or “environmentally friendly” are banned unless the trader can show recognised excellent environmental performance. So are sustainability labels not based on a certification scheme or set up by public authorities, and product-level climate-neutral claims that rest on offsetting.

What not to miss

• Foam users and distributors: check that stock and waste are labelled and that the site management plan exists. Suppliers of portable extinguishers: alcohol-resistant PFAS foams can be placed on the market only until 23 April 2027.
• Downstream users: if a supplier’s SDS still shows no assessment against the new hazard classes, ask why. The date has passed.
• Paint, coating, adhesive and paper-chemical formulators: confirm with suppliers that DBNPA-preserved raw materials fall within the three permitted uses, and ask where their product authorisation stands.
• Anyone marketing chemical products to consumers: check labels, packaging and product pages for generic “eco” or “green” claims and uncertified sustainability lo­gos.

Sources: EUR-Lex — Regulation (EU) 2024/2462 · EUR-Lex — Regulation (EU) 2025/1988 · EUR-Lex — Delegated Regulation (EU) 2023/707 · EUR-Lex — Implementing Regulation (EU) 2025/937 · EUR-Lex — Directive (EU) 2024/825

3. Tighter ahead

Next year’s obligations are taking shape too. Several files came closer to binding rules in October. None binds companies yet, but the direction is now clear.

On 24 September the Commission notified the WTO of a draft implementing regulation approving ethanol as an existing active substance for product-types 1 (human hygiene), 2 (disinfectants not applied directly to humans or animals) and 4 (food and feed areas). As notified, the approval would run from 1 May 2028 to 30 April 2038. Comments close on 23 November. Member States still have to vote on the draft in the Standing Committee on Biocidal Products, and the Commission plans adoption in February 2027. The Biocidal Products Committee’s opinion of February supported approval but left the question of carcinogenicity and reproductive toxicity unresolved. Approval is only the beginning: once ethanol is approved, products containing it will need authorisation under the BPR.

On 6 October ECHA published RAC’s final opinions on trifluoroacetic acid (TFA) and its inorganic salts, adopted by consensus in June, and sent them to the Commission. We covered the substance in the summer issue. RAC recommends classification as toxic for reproduction (Repr. 1B, H360Df: category 1B for development, category 2 for fertility) and as PMT and vPvM. For TFA itself, it also adds acute oral and inhalation toxicity. The classification becomes binding only once the Commission adds it to CLP Annex VI through an adaptation to technical progress. Until then, a self-classification that leaves these hazards out will be hard to defend.

The consultation on the transfer we warned about in September is now open. Article 37(7) of the revised CLP Regulation requires the Commission to move substances already identified as endocrine disruptors, PBT or vPvB under other EU frameworks, namely the REACH Candidate List, the Biocidal Products Regulation and the Plant Protection Products Regulation, into CLP Annex VI. The draft acts are open for feedback on Have Your Say until 24 November, on two pages: transfer from related EU legislation and endocrine disruptors and persistent pollutants. ECHA’s working list counted more than a hundred substances in March. As we said in September, this is the only chance to contest a classification before it becomes a binding harmonised entry under CLP, and the window is short.

The sixth revision of the Carcinogens, Mutagens and Reprotoxic Substances Directive finished its journey: Parliament approved it on 6 October and the Council adopted it on 19 October. It was published in the Official Journal on 30 October as Directive (EU) 2026/2450 and enters into force on 19 November. Member States then have two years to transpose it. Work involving welding fumes that contain category 1A or 1B CMR substances joins Annex I. New binding limits cover cobalt and its inorganic compounds (0.01 mg/m³ inhalable, 0.0025 mg/m³ respirable), PAH mixtures (0.00007 mg/m³, measured as benzo[a]pyrene), isoprene (8.5 mg/m³) and 1,4-dioxane (7.3 mg/m³, with a skin notation and a biological limit value). Cobalt has transitional values for six years. PAHs get seven, but only in nine named sectors.

In September we reported that SEAC had adopted its final opinion on France’s proposal to restrict octocrilene (octocrylene in INCI naming) in cosmetics. On 30 October ECHA confirmed that both of its committees support the restriction, RAC having adopted its opinion in June. The proposal bans placing on the market finished cosmetic products containing 0.001% w/w or more, from 24 months after the restriction enters into force. The grounds are environmental rather than consumer safety, and the Cosmetics Regulation still allows octocrilene at up to 10% as a UV filter. The Commission now drafts an amendment to REACH Annex XVII for a vote in the REACH Committee, and a decision is not expected before 2027. The universal PFAS restriction, by contrast, has not moved since our last issue; SEAC’s final opinion is still expected by the end of 2026.

Further out still, the new Detergents Regulation, (EU) 2026/405, applies from 23 September 2029, when it replaces Regulation (EC) No 648/2004 and brings digital product passports for detergents and end-user surfactants.

What not to miss

• Makers of ethanol-based hand sanitisers and disinfectants: read the notified draft and comment by 23 November where its conditions affect your product-types, and start planning for product authorisation.
• Suppliers of TFA and its salts: check your self-classification and SDSs against RAC’s opinion.
• Welding, foundry, steel, coking and cobalt-processing sites: compare current exposure measurements with the new limits now, ahead of national transposition due by 19 November 2028. SDS authors: plan section 8 updates for when the Czech and Slovak limits are published.
• Sunscreen and SPF formulators: start reformulation planning. The 24-month clock starts only on adoption, but reformulation and safety assessment take time too.

Sources: WTO ePing — G/TBT/N/EU/1237 · ECHA — BPC opinion on ethanol, February 2026 · ECHA — RAC-77 minutes · European Commission — Have Your Say, Article 37(7) transfer: page 1 and page 2 · Keller and Heckman via The National Law Review — Article 37(7) · EUR-Lex — Directive (EU) 2026/2450 · Council — final text, PE-CONS 54/1/26 REV 1 · Council — adoption of the legislative act, ST 14697/26 · ECHA — restrictions under consideration: octocrilene · ECHA — SEAC-72 action points · EUR-Lex — Regulation (EU) 2026/405

4. Great Britain’s October

Great Britain worked through three chemicals files at once.

HSE added nine substances or groups to the UK REACH Candidate List on 19 October, after consulting on them in the summer: medium-chain chlorinated paraffins (MCCPs), BTBPE, bis(4-chlorophenyl) sulphone (BCPS), bumetrizole (UV-326), OAPP, the reaction mass of triphenylthiop­hosphate and tertiary butylated phenyl derivatives, TPPT, perfluoroheptanoic acid and its salts, and bisphenol AF and its salts. They follow the 15 entries added in June. The usual duties apply at once: SDSs for the substances, information duties for mixtures, and communication and notification for substances in articles.

The draft Persistent Organic Pollutants (Amendment) Regulations 2026, covered in our September issue, were laid before Parliament on 14 October under the draft affirmative procedure, so they still need approval by both Houses. If approved, chlorpyrifos, MCCPs, long-chain PFCAs, Dechlorane Plus and UV-328 join the GB POPs list from 16 December, the same day the EU listings for MCCPs and long-chain PFCAs are due to apply. For MCCPs, that makes October’s SVHC listing a short stop on the way to a prohibition, with exemptions that need checking separately on each side of the Channel.

And a reminder from September: Defra’s technical consultation on the draft ATRm provisions closes on 10 November.

What not to miss

• Suppliers to Great Britain: screen mixtures and articles for the nine new SVHCs, update SDSs and article communication, and check HSE’s guidance on notification timing.
• MCCP users supplying both markets: compare the EU and GB exemptions use by use before 16 December.
• Transitional UK REACH registrants: comment on the ATRm draft by 10 November.

Sources: HSE ebulletin, 20 October 2026 · HSE — UK REACH Candidate List · UK Parliament — POPs (Amendment) Regulations 2026 · Defra — draft statutory instrument · GOV.UK — ATRm technical consultation

On the calendar

Since the last issue: PIC controls expanded on 1 October; comments closed on the GB mandatory classification list (6 October), the Toy Safety Directive amendment (10 October) and the CLP adaptation to GHS (16 October); PFHxA applied on 10 October, the first PFAS foam obligations on 23 October and the new CLP hazard classes on 1 November; the DBNPA approval took effect on 1 November; the EU green-claims rules have applied since 27 September (story 2).

5 November 2026 — ECHA webinar for SMEs on reduced fees >EVENT

11:00–13:00 Helsinki time. ECHA explains the new ex-ante check of SME status (see 5 February 2027). Watch live

10 November 2026 — UK REACH ATRm draft legal text: comments close >CONSULTATION

Defra’s draft statutory instrument for the alternative transitional registration model (story 4).

19 November 2026 — Sixth CMRD revision enters into force >BINDING

Directive (EU) 2026/2450. Binding on Member States, which have until 19 November 2028 to transpose it (story 3).

23 November 2026 — Ethanol as a biocidal active substance: WTO comments close >CONSULTATION

The Commission’s draft approval for product-types 1, 2 and 4 (story 3).

24 November 2026 — Article 37(7) transfer of ED and PBT/vPvB substances into CLP Annex VI: comments close >CONSULTATION

The Commission’s draft acts, on Have Your Say (story 3).

30 November – 4 December 2026 — ECHA’s Risk Assessment Committee meets >EVENT

The next RAC plenary. Opinions adopted there feed the next round of harmonised classifications.

6 December 2026 — UA CLP: notification deadline >BINDING

Notification under Ukraine’s CLP technical regulation, as moved by Resolution No. 1598.

16 December 2026 — MCCPs and C9–C21 PFCAs under the EU POPs Regulation >ADOPTED · SCRUTINY PERIOD RUNNING

Applies once the Parliament and Council scrutiny period ends without objection.

16 December 2026 — GB POPs (Amendment) Regulations 2026 >PROPOSAL

Laid in draft on 14 October; applies only if both Houses approve it (story 4).

1 January 2027 — Distributors as poison-centre duty holders >BINDING

CLP Article 45, as confirmed by ECHA in September.

26 January 2027 — UA REACH pre-registration closes >BINDING

The two-year transitional period for chemical products placed on the market before 26 January 2025 ends the same day.

27 January 2027 — Chemická legislativa 2027 >EVENT

The Czech-language conference on chemical legislation, in Prague, with online participation possible. Registration is open, with early-bird prices until 30 November.

1 February 2027 — MIT approved for product-type 6 >BINDING

Implementing Regulation (EU) 2025/1257.

5 February 2027 — SME status verified in advance for reduced ECHA fees >BINDING

Under the revised REACH Fee Regulation, companies claiming SME fees must have ECHA validate their size before submitting, and apply at least two months ahead. A February submission means applying in December.

In October, Part 5 of Let’s talk EU REACH turned to safety data sheets, with Jana Eliášová and Yana Trubitsyna. The series returns 1 December on the “new” CLP hazard classes with Adam Jonáš and Jana Eliášová. You can register for the free webinar using this link.

For our Czech and Slovak readers, three Czech-language sessions this month: the draft ethanol approval with Jana Eliášová, Linda Grohsová and Hana Krejsová on 6 November; the Czech edition of the SDS session on 11 November; and waste legislation meets laboratory analytics, with ALS, on 24 November. Chemická legislativa 2027 follows on 27 January, in Prague and online.

For readers working in Ukrainian: our Ukrainian team runs a two-day SDS compilation training on 26–27 November.

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And just like that, October is a wrap. Thank you for reading, and thank you to Dušan Bašić and Jana Eliášová for their contributions.