Cinkarna Celje Welcomes CJEU Decision Annulment of TiO₂ Classification as a Hazardous Substance

Celje, 12 August 2025 – Cinkarna Celje welcomes the recent judgment of the Court of Justice of the European Union (CJEU), which upheld the position of the Titanium Dioxide Manufacturers Association (TDMA) and annulled the harmonised classification of certain forms of TiO₂ as a hazardous substance under EU law.

Background information: in 2019, the European Commission adopted a delegated regulation on the classification and labelling of titanium dioxide under the Classification, Labelling and Packaging (CLP) Regulation. According to the Commission, the measure was based on a presumed risk that the substance could be carcinogenic to humans by inhalation, specifically in powder form containing 1% or more of particles with an aerodynamic diameter equal to or less than 10 μm. In November 2022, the General Court ruled in favour of the applicants, annulling the harmonised classification of certain forms of TiO₂ as a hazardous substance. Following appeals by the European Commission and the French Republic, the Court of Justice dismissed the appeals, confirming that the Commission had committed a manifest error in assessing the reliability and acceptability of the scientific study on which the classification was based. This ruling is final.

This judgment means that, once the regulatory procedure is completed, TiO₂ will be removed from the EU list of hazardous substances. Cinkarna Celje welcomes this decision, which is grounded in extensive scientific evidence clearly confirming that the use of TiO₂ is safe for humans.

The ruling of the CJEU will simplify compliance requirements and create a more stable regulatory framework for the industry. A stable regulatory framework is essential for effective business planning, openness to development and innovation.

Our cooperation with regulators, combined with our ongoing support for scientific research, remains a key priority. Only through joint efforts to ensure the safe, responsible and efficient use of raw materials such as TiO₂ – a key component for numerous industries – can we achieve sustainable development while enhancing the competitiveness and innovativeness of European industry.

Cinkarna Celje remains committed to upholding the highest environmental and safety standards, as well as to comprehensive sustainable development. Science-based decisions such as this provide an additional foundation for a more stable and responsible long-term future.

Link to the judgment: Judgement In Joined Cases C-71/23 P and C-82/23 P