Changes from plenary report to adopted text

Added4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Added5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Added6. A delegated act adopted pursuant to Article 26 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

AddedArticle 28 Committee procedure

Added1. The Commission shall be assisted by the Committee on detergents. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Added2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. [Am. 117]

AddedCHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

AddedArticle 29 Penalties

AddedMember States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. They may include, where appropriate, financial penalties proportionate to the turnover of the legal person that committed the infringement, taking into account the specificities of small and medium-sized enterprises. Member States shall, without delay, notify the Commission of those measures and of any subsequent amendment affecting them. [Am. 118]

AddedMember States shall ensure that the penalties established pursuant to this Article give due regard to the following, where applicable:

Added(a) the nature, gravity, and extent of the infringement;

Added(b) the intentional or negligent character of the infringement;

Added(c) the damage to human health or the environment caused by the infringement, insofar as it can be determined;

Added(d) the level of cooperation of the natural or legal person held responsible with the competent authority. [Am. 119]

AddedArticle 30 Amendment of Regulation (EU) 2019/1020

AddedIn Annex I of Regulation (EU) 2019/1020, point 15 is replaced by the following:

Added‘15. Regulation (EU) …/… of the European Parliament and of the Council of … on the making available on the market of detergents and surfactants (OJ L …).’

AddedArticle 31 Report

AddedBy [OP: please insert the date = 5 years from the date of application of this Regulation], the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall contain an assessment of:

Added(a) how this Regulation is achieving its objectives, including an assessment on the impact on small and medium-sized enterprises;

Added(b) the risk of the generation of anti-microbial resistance associated with the use of detergents or surfactants with biocidal properties;

Added(c) the occurrence of unsubstantiated marketing claims, advertisements and packaging designs which mislead or have the potential to mislead consumers by giving the impression of healthier or environmentally friendlier detergents or surfactants;

Added(d) physical and digital labelling requirements of detergents, taking into account the safety of end-users and the environment and the level of digital readiness among all population groups in the Union;

Added(e) the feasibility and environmental and socio-economic costs and benefits of a phase out of phosphorus in consumer detergents and of a reduction and where possible phase-out of phosphorus in detergents for industrial & institutional use in line with the commitments under the Baltic Sea Action Plan;

Added(f) the environmental, health and socio-economic costs and benefits of extending the generic approach to risk management to detergents and surfactants and of phasing out substances of concern, including those that cause cancers, gene mutations, affect the reproductive or the endocrine system, are persistent and bioaccumulative, affect the immune, neurological or respiratory systems or are toxic to a specific organ, taking into account combination effects, in order to achieve a non-toxic environment.

AddedThe report shall be accompanied, where appropriate, by a legislative proposal. [Am. 120]

AddedArticle 32 Micro-organisms review

AddedBy [OP: please insert the date = 3 years from the date of application of this Regulation], the Commission shall assess the effectiveness and relevance of the requirements of this Regulation for detergents containing micro-organisms, in particular the list of pathogenic micro-organisms provided for in point 2 of Annex II and the effects of micro-organisms intentionally added to detergents on urban wastewater treatment processes, as well as the possibility to include new micro-organisms or strains of micro-organisms allowed in detergents in Annex II. [Am. 121]

AddedBy ... [OP: please insert the date = 3 years from the date of application of this Regulation] and every 3 years thereafter, the Commission shall review the list of pathogenic micro-organisms provided for in point 2 of Annex II and, where necessary, adopt delegated acts in accordance with Article 27 to amend Annex II in order to take into account scientific and technical progress. [Am. 122]

AddedArticle 32a Renewable feedstock content review

AddedBy ... [OP: please insert date – 3 years from the date of application of this Regulation], the Commission shall submit a report to the European Parliament and to the Council assessing the necessity, feasibility, technical consequences and benefits for health and the environment of the introduction of mandatory targets for renewable raw materials and recycled content in detergents and surfactants. In that report, the Commission shall specifically take into account socio-economic impacts, competitiveness of economic operators in the Union, sustainable sourcing as well as the global warming potential, the potential for using food waste in detergents and the potential land use change associated with alternative feedstock and food security in the Union. The report shall be accompanied, where appropriate, by a legislative proposal. [Am. 123]

AddedArticle 33 Repeal of Regulation (EC) No 648/2004

AddedRegulation (EC) No 648/2004 is repealed.

AddedReferences to the repealed Regulation shall be construed as references to this Regulation and read in accordance with the correlation table in Annex VIII.

AddedArticle 34 Transitional provisions

AddedMember States shall not impede the making available on the market of detergents and surfactants which are placed on the market before [OP: please insert the date = 30 months from the date of entry into force of this Regulation] in conformity with Regulation (EC) No 648/2004 as applicable on … [OP: please insert the date = one day before 30 months from the date of entry into force of this Regulation]

AddedDetergents and surfactants which, are placed on the market after [OP: please insert the date of application = one day before 30 months from the date of entry into force of this Regulation] and which at the moment of their placing on the market comply with Regulation (EC) No 648/2004 as applicable on [OP: please insert the date of application = one day before 30 months from the date of entry into force of this Regulation], may be made available on the market until [OP: please insert the date = 36 months from the date of entry into force of this Regulation].

AddedArticle 35 Entry into force and application

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall apply as of … [OP: please insert the date = 30 months from the date of entry into force of this Regulation].

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President

AddedAnnex I

AddedBIODEGRADABILITY REQUIREMENTS REFERRED TO IN ARTICLE 4

AddedULTIMATE BIODEGRADABILITY CRITERIA AND TEST METHODS FOR SURFACTANTS AND SURFACTANTS IN DETERGENTS

Added1. The reference method for laboratory testing of surfactant ultimate biodegradability in this Regulation is based on the EN ISO standard 14593: 1999 (CO2 headspace test).

Added2. Surfactants and surfactants contained in detergents shall be ultimately biodegradable as determined in accordance with the criteria laid down in point 3.

Added3. Surfactants and surfactants contained in detergents shall be considered as ultimately biodegradable if they meet one of the following criteria:

Added(a) the level of biodegradability (mineralisation) is at least 60 % within 28 days measured in accordance with one of the following test methods:

Added(i) EN ISO Standard 14593: 1999 — Water quality — Evaluation of ultimate aerobic biodegradability of organic compounds in aqueous medium — Method by analysis of inorganic carbon in sealed vessels (CO2 headspace test);

Added(ii) method C.4.-C Carbon dioxide (CO2) Evolution Test (Modified Sturm Test), described in Part C, Part IV, of the Annex to Commission Regulation (EC) No 440/20081;

Added(iii) method C.4-D, manometric respirometry test, described in Part C, Part V, of the Annex to Regulation (EC) No 440/2008;

Added(iv) method C.4-E, closed bottle test, described in Part C, Part VI, of the Annex to Regulation (EC) No 440/2008;

Added(v) method C.4-F Ministry of International Trade and Industry, Japan (M.I.T.I.) described in Part C, Part VII, of the Annex to Regulation (EC) No 440/2008;

Added(vi) ISO 10708: 1997 — Water quality — Evaluation in an aqueous medium of the ultimate aerobic biodegradability of organic compounds — Determination of biochemical oxygen demand in a two-phase closed bottle test.

Added(b) the level of biodegradability (mineralisation) is at least 70% within 28 days measured in accordance with one of the following test methods:

Added(i) method C.4-A DOC die-away test described in Part C, Part II, of the Annex to Regulation (EC) No 440/2008;