Changes from report parliamentary committee draft to report parliamentary committee draft

AddedSHORT JUSTIFICATION

RemovedRecital 10: (10) Phosphorus is a key ingredient used in detergents. However, phosphorus and its compounds could cause damage to ecosystems and aquatic environments as they contribute to eutrophication. To further ensure a high level of protection of the environment, and reduce the contribution of detergents to that phenomenon, it is necessary to establish harmonised limits on the content of phosphates and phosphorus compounds in certain consumer and industrial detergents. The frequent use of environmental labels such as the EU Ecolabel has shown that there is a strong demand for phosphate-free detergents with a limited overall phosphorus content.

AddedThe Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage.

RemovedRecital 12 a (new): (12a) This Regulation should implement measures to achieve a toxic-free environment to ensure the protection of health and the environment, In line with the Chemicals Strategy for Sustainability of the Commission of 14 October 2020, the generic approach to risk management should apply to detergents.. The most harmful substances should therefore be prohibited in detergents unless their use is technically necessary. In such cases, the Commission should be empowered to adopt restrictions for certain substances.

RemovedRecital 12 b (new): (12b) In order to further the Union’s transition towards a circular economy, the reuse and refill of packaging should be encouraged and promoted. For liquid detergents, consumers should be able to purchase light pouches that allows the reuse of the consumer’s own packaging at home. Large retailers should make consumer laundry detergents available to consumers in refill stations. The safety of consumers should be ensured by applying requirements for refill stations to all detergents.

RemovedRecital 12 c (new): (12c) Current practice shows that the use of animal testing is technically no longer necessary to ensure the safety of detergents. All animal testing should therefore be prohibited. The Commission should establish relevant alternative methods, where necessary.

RemovedRecital 12 d (new): (12d) The use of the claim ’animal testing free’ or similar claims should only be allowed if it is ensured that within the supply chain no animal testing has occurred. Similarly, manufacturers should only be allowed to claim a product is ’vegan’ or similar, if no animal-derived ingredients, such as gelatine, cholesterin or collagen, or animal by-products, such as honey or beeswax, have been used in the manufacturing or development of the product.

RemovedRecital 20: (20) Since importers play a key role in guaranteeing the compliance of imported detergents and surfactants in the Union market, when placing a detergent or surfactant on the market, importers should indicate on the product their name, registered trade name or registered trade mark as well as their email and postal address.

RemovedRecital 34: deleted

RemovedRecital 61 a (new): (61a) In order to ensure the transition to a fully circular economy, the Commission should assess targets for sustainable renewable raw materials and recycled content for detergents. In line with the Union’s climate and environmental objectives, detergents should in the future no longer be based on fossil fuel-derived chemicals.

RemovedArticle 2 – paragraph 1 – point 1 – indent 3: – a mixture intended to modify the feel or odour of fabrics in processes which are to complement the washing of fabrics;

RemovedThe regulation should also apply to "perfumes" in dishwashers, dryers and similar.

RemovedArticle 2 – paragraph 1 – point 3 a (new): (3a) ‘hard surface cleaning product’ means any all-purpose cleaner, kitchen cleaner, window cleaner or sanitary cleaner;

RemovedDefinitions 3a - 3d are aligned with the relevant definitions used in the COM decisions on the EU Ecolabel.

RemovedArticle 2 – paragraph 1 – point 3 b (new): (3b) ‘consumer hand dishwashing detergent’ means a detergent placed on the market for use by non-professionals to wash by hand items such as glassware, crockery and kitchen utensils, including cutlery, pots, pans and ovenware;

RemovedArticle 2 – paragraph 1 – point 3 c (new): (3c) ‘industrial laundry detergent’ means a detergent for laundry placed on the market for use by specialised personnel in industrial and institutional facilities;

RemovedArticle 2 – paragraph 1 – point 3 d (new): (3d) ‘industrial dishwasher detergent’ means a detergent placed on the market for use in professional dishwashers by specialised personnel;

RemovedArticle 2 – paragraph 1 – point 33 a (new): (33a) ‘refill station’ means a refill station as defined in Article 3 (29) of Regulation (EU) …/… [Packaging and Packaging Waste Regulation];

RemovedArticle 4 – paragraph 2 – introductory part: 2. Paragraph 1 shall not apply to surfactants that are active substances as defined in Article 3(1), point (c), of Regulation (EU) No 528/2012 and that are used as disinfectants where they meet any of the following conditions:

RemovedThis paragraph is aligned with the current Detergents Regulation. The exemption in this paragraph should only apply to active substances in biocidal products, as is the case currently.

RemovedArticle 4 – paragraph 2 – point a – introductory part: (a) the surfactants are included in the Union list of approved active substances as laid down in Article 9(2) of Regulation (EU) No 528/2012; / (deleted) / (deleted) / (deleted)

RemovedArticle 4 – paragraph 2 – point b: (b) the surfactants are included in the review programme as set out in Commission Delegated Regulation (EU) No 1062/20141a; / 1a Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

RemovedArticle 4 – paragraph 2 – point c: (c) the surfactants are constituents of biocidal products, which may be made available on the market or used in accordance with Article 55 of Regulation (EU) No 528/2012.

RemovedArticle 4 – paragraph 2 a (new): 2a. By... eight years from the date of entry into force of this Regulation], detergents and detergent capsules shall be inherently biodegradable. That deadline shall not apply to substances falling under paragraph 2. / By... [ four years from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 27 to supplement Annex I with inherent biodegradability criteria and test methods. / When adopting delegated acts in accordance with the second subparagraph, the Commission shall take into account manufacturing practices, the availability of technically and economically feasible alternatives, the impact on small and medium-sized enterprises and the impact on health and the environment.

RemovedFull biodegradability is the most effective option in the toolbox of the Detergents Regulation. Currently, detergents may contain various substances that are hazardous and persistent in the environment, posing potential risks to ecosystems and animal and human health. The rapporteur therefore proposes to make all detergents inherently biodegradable, as large European manufacturers have already committed to achieve this.

RemovedArticle 6 a (new): Article 6a / Restrictions of hazardous substances / 1. By... [ four years from the date of entry into force of this Regulation], the use in detergents and surfactants of substances or mixtures classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in any of the following categories is prohibited: / (a) carcinogenicity, germ cell mutagenicity or reproductive toxicity category 1A, 1B or 2; / (b) endocrine disruption category 1 or 2; / (c) specific target organ toxicity category 1, either in single exposure or in repeated exposure; / (d) respiratory sensitisation category 1. / 2. By... [eight years from the date of entry into force of this Regulation], the use in detergents and surfactants of substances or mixtures classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in any of the following categories is prohibited: / (a) persistent, bioaccumulative and toxic ; / (b) very persistent, very bioaccumulative ; / (c) persistent, mobile, and toxic ; / (d) very persistent and very mobile ; / (e) hazardous to the aquatic environment. / 3. In the event of an unacceptable risk to human health or the environment arising from the use of a substance in the manufacture of detergents or surfactants or from the presence of a substance in detergents or surfactants when they are placed on the market, or arising during their subsequent life cycle stages, that needs to be addressed on a Union-wide basis, the Commission shall adopt a delegated act in accordance with Article 27 …

RemovedThe Commission’s Chemicals Strategy for Sustainability spelled out a goal of safe and sustainable products for a toxic-free environment, identifying measures to tackle the most hazardous substances in consumer products. The Strategy was widely welcomed by stakeholders including industry and civil society. Parliament has repeatedly asked for stricter protection of consumers from hazardous chemicals. The rapporteur proposes to implement this Strategy in the Detergents Regulation by prohibiting the use of certain hazardous substances, unless technically necessary.

RemovedArticle 6 b (new): Article 6b / Refill and reuse / 1. Without prejudice to Regulation (EC) No 1272/2008 and Regulation …/…, [Packaging and Packaging Waste Regulation], by... [ four years from the date of entry into force of this Regulation], economic operators making detergents in liquid form available on the market directly to end-users shall provide the detergent also in light pouches made from mono-materials, allowing the reuse of end-users’ own packaging. / 2. Without prejudice to Regulation (EC) No 1272/2008 and Regulation …/…, [ the Packaging and Packaging Waste Regulation], economic operators making consumer laundry detergents available on the market directly to end-users and with a sales area larger than 400m² shall by ...[six years from the date of entry into force of this Regulation] provide refill stations for consumer laundry detergents. / 3. Detergents, independent of their classification as hazardous within the meaning of Regulation (EC) No 1272/2008, may be supplied to consumers and professional users via refill stations only if the conditions laid down in section 3.4 of Annex II to Regulation (EC) No 1272/2008 are fulfilled.

RemovedArticle 6 c (new): Article 6c / Animal testing / 1. The safety of detergents and conformity with this Regulation shall be established using non-animal new approach methods. 2. The following shall be prohibited: / (a) the placing on the market of detergents and surfactants where the final formulation or ingredients or combinations of ingredients have been the subject of animal testing in order to meet the requirements of this Regulation; / (b) the performance within the Union of animal testing of finished detergents and surfactants or ingredients or combinations of ingredients in order to meet the requirements of this Regulation.

RemovedThe rapporteur strongly believes that it is essential to phase out unnecessary animal testing and, as almost a million and a half Europeans have requested in the recent “European Citizens initiative to end animal testing in cosmetics”, to turn towards non-animal approaches to assure the safety of products. The Detergents Regulation is therefore to be aligned with the existing ban of animal testing in cosmetics.

RemovedArticle 7 – paragraph 3: 3. Manufacturers shall keep the technical documentation and the product passport for 10 years after the last time the detergent or the surfactant covered by that documentation or product passport has been made available on the market.

RemovedAlignment with REACH Art 36(1). Since many products are often on the market for more than ten years, the date on which they were placed on the market should not be decisive, but the last time they were made available on the market.

RemovedArticle 7 – paragraph 6 – subparagraph 2 – point a: (a) before placing the detergent on the market in the Member State concerned;

RemovedThe transmission of data for medical purposes only makes sense if, in the event of poisoning, the competent authority can provide the data immediately without requesting it from the manufacturer.

RemovedArticle 7 – paragraph 6 – subparagraph 2 – point b: (b) when the detergent for which a data sheet has already been provided no longer corresponds to the information included in that datasheet.

RemovedArticle 7 – paragraph 8: 8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.

RemovedProvisions in Chapter III have been aligned, where possible, with the recently adopted Batteries Regulation, which contains equal provisions.

RemovedArticle 8 – paragraph 1: 1. Manufacturers may, by a written mandate, appoint an authorised representative. The authorised representative’s mandate shall be valid only when accepted in writing by the authorised representative.

RemovedArticle 8 – paragraph 3 – subparagraph 1: An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall have the appropriate means to perform the tasks specified in the mandate. The authorised representative shall provide a copy of the mandate to the competent authority, upon request.

RemovedArticle 8 – paragraph 3 – subparagraph 2 – point b: (b) keep the product passport and technical documentation at the disposal of national market surveillance authorities for 10 years after the last time the detergent or surfactant covered by those documents has been made available on the market;

RemovedArticle 9 – paragraph 4: 4. Importers shall indicate their name, registered trade name or registered trade mark and the postal and email address at which they can be contacted on the label of the detergent or surfactant. The contact details shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.

RemovedArticle 9 – paragraph 9: 9. Importers shall keep the reference to the unique product identifier at the disposal of the market surveillance authorities for a period of 10 years after the last time the detergent or surfactant has been made available on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.

RemovedArticle 9 – paragraph 10: 10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.

RemovedArticle 10 – paragraph 6: 6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by detergents and surfactants which they have made available on the market.

RemovedArticle 12 – paragraph 1 – point a: (a) to ensure that the package bears his or her name, registered trade name or registered trade mark and postal and email address preceded by the words ‘packaged by’ or ‘repackaged by’;

RemovedArticle 12 – paragraph 1 – point c: (c) to keep the reference to the unique product identifier at the disposal of the market surveillance authorities for 10 years after the last time the detergent or surfactant has been made available on the market.

RemovedArticle 15 – paragraph 2: deleted

RemovedProducts should bear clear and easily understandable labels consisting of the most important information right on the product. The same should apply for refill products.

RemovedArticle 15 – paragraph 3 – subparagraph 1 – point b: (b) the manufacturer’s and, where relevant, the manufacturer’s authorised representative’s name, registered trade name or registered trade mark and the postal and email address at which they can be contacted. The postal address shall indicate a single point at which the manufacturer can be contacted;

RemovedArticle 15 – paragraph 5: 5. The information referred to in paragraphs 3 and 4 shall be in a language which can be easily understood by end-users, as determined by the Member State concerned, and shall be clear, understandable and intelligible, in characters using a font size where the x-height, as defined in Annex IV to Regulation (EU) No 1169/2011 of the European Parliament and of the Council1a, is equal to or greater than 1,2 mm. In case of packaging or containers the largest surface of which has an area of less than 80 cm², the x-height of the font size shall be equal to or greater than 0,9 mm. The label shall be accessible for inspection purposes where the detergent or surfactant is made available on the market. / 1a Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

RemovedArticle 15 – paragraph 5 a (new): 5a. For the purpose of achieving the objectives of this Regulation, the Commission shall adopt delegated acts in accordance with Article 27 to supplement this Regulation by establishing rules for legibility.

RemovedArticle 15 – paragraph 5 b (new): 5b. Without prejudice to Directive .../… [the Directive on green claims], the label of detergents and surfactants may refer to the fact that no animal tests have been carried out only if the manufacturer and its suppliers have not carried out or commissioned any animal tests on the finished detergent or surfactant, or its prototype, or any of the ingredients contained in it, or used any ingredients that have been tested on animals by others for the purpose of developing new detergents or surfactants. The label may only refer to the fact that the detergent or surfactant is ’vegan’ or ‘animal-free’ if no animal-derived ingredients or animal by-products have been used in the production and development of the detergent or surfactant.

RemovedArticle 16 – paragraph 1 – subparagraph 2: Where the dosage information for consumer laundry detergents in accordance with points 1 and 2 of part B of Annex V is provided on the digital label, a simplified dosage grid as set out in part D of Annex V may be provided on the physical label.

RemovedConsumers should be informed of all ingredients, and in particular allergenic substances in physical form, with digital labels providing additional information where necessary.

RemovedArticle 16 – paragraph 2: deleted

RemovedArticle 17 – paragraph 1 – point h: (h) the digital label shall remain available for a period of 10 years from the moment the last time the detergent or surfactant is made available on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it, or for a longer period as required under other Union legislation covering the information that it contains;

RemovedArticle 17 – paragraph 2 – subparagraph 1: The data carrier shall be physically, visibly, and indelibly present on the detergent or surfactant, their packaging or the documentation accompanying them.

RemovedArticle 18 – paragraph 2 – point f: (f) it shall be accessible to customers, end-users, market surveillance authorities, customs authorities, competent national authorities, civil society organisations, researchers, trade unions, the Commission and other economic operators;

RemovedWherever possible, the rapporteur aims to align the provisions in the Detergents Regulation with other relevant EU legislation. In particular the ongoing negotiations on the Ecodesign for Sustainable Products Regulation served as a basis for amendments on the Digital Product Passport in order to ensure full interoperability between different pieces of legislation.

RemovedArticle 18 – paragraph 2 – point g: (g) it shall be available for a period of 10 years after the detergent or surfactant is last made available on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;