On 30 July 2026, the European Commission notified a draft Regulation, which is in fact a corrigendum to Regulation (EU) 2026/78 (the 8th “CMR” Regulation), in order to bring the restrictions on silver into line with the latest Opinion of the SCCS. It is worth noting that its provisions apply from… 1 May 2026.
The key points of the draft Regulation
• Following its classification as a CMR substance in several of its forms, Regulation (EU) No.2026/78 (8th “CMR” Regulation), published in January 2026 and applicable from 1 May 2026, amended the Cosmetics Regulation to add micrometre-sized silver to Annex III (restricted substances) and amended entry 142 of Annex IV (Colourants) to authorise the use of micrometre-sized silver (silver powder) as a colourant only under certain conditions deemed safe by the SCCS.
• As the industry had provided new data in August 2025, the SCCS published a new Scientific Opinion on Silver on 24 April 2026, concluding that the conditions of use should be less restrictive than those laid down in the 8th “CMR” Regulation.
• To avoid any unnecessary withdrawal or restriction on cosmetic products containing silver, this draft Regulation amends Annexes III and IV to reflect the SCCS’ conclusions, and its date of entry into force is set for the same date as that of the 8th “CMR” Regulation: 1 May 2026.
The text of the future Regulation
Whereas
(1) The substance “silver” (CAS No.7440-22-4) has been classified as a CMR (carcinogenic, mutagenic, or toxic for reproduction) substance …
