On December 10, 2025, the European Commission published a notice in the Official Journal confirming the partial annulment of Delegated Regulation (EU) 2020/217 (14th ATP to CLP), in accordance with the Judgment of the Court of Justice of the European Union, and therefore the annulment of the classification of titanium dioxide as a Category 2 carcinogen.
The Commission’s notice is brief but explicit.
It recalls:
• that the General Court of the CJUE (Court of Justice of the European Union), in its Judgment of 23 November 2022, partially annulled Delegated Regulation (EU) 2020/217 as regards the harmonised classification and labelling of titanium dioxide in powder form containing 1 % or more of particles with aerodynamic diameter equal to or below 10 μm;
• that this Judgment, against which France and the Commission had lodged appeals, was upheld by the CJEU on August 1, 2025.
In its Notice, the Commission takes note of these court decisions and announces that “the partial annulment of Delegated Regulation (EU) 2020/217 by the General Court is thus upheld. As a consequence, titanium dioxide in powder form containing 1% or more of particles with aerodynamic diameter equal to or below 10 μm is not subject to harmonised classification as Carcinogenic Category 2 via inhalation, as the row corresponding to index number 022-006-00-2, in point (2)(c) of Annex III to Delegated Regulation (EU) 2020/217 is annulled.”
All other references to TiO2 in this 14th ATP (Annex I, Annex II, note W, and note 10) are also annulled.
Source
• Notice …
