Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedArticle 18 – paragraph 2 – point h a (new): (ha) it shall facilitate the verification of product compliance by competent national authorities;

RemovedArticle 18 – paragraph 2 – point i: (i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 9.

RemovedArticle 18 – paragraph 3 – subparagraph 1: The data carrier shall be physically present on the detergent or surfactant, their packaging or the documentation accompanying them, in accordance with the implementing act referred to in paragraph 9.

RemovedArticle 19 – paragraph 1 – point c: (c) end-users, economic operators and other relevant actors shall have easy access to the product passport free of charge and without restricting access to registered users;

RemovedArticle 19 – paragraph 1 – point c a (new): (ca) product passports shall be designed and operated so that they are user-friendly;

RemovedArticle 22 – paragraph 3: 3. Where, in the course of the controls referred to in paragraph 1 or paragraph 2, the market surveillance authorities find that the detergent or surfactant does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operators to take all appropriate corrective action to bring the detergent or surfactant into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period which is prescribed by the market surveillance authorities and commensurate with the nature of the risk referred to in paragraph 1.

RemovedAlignment with Batteries Regulation.

RemovedArticle 24 – paragraph 1: 1. Where, having carried out an evaluation under Article 22(1), a market surveillance authority finds that although a detergent or surfactant is in compliance with this Regulation, it presents a risk to health or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the detergent or surfactant concerned, when placed on the market, no longer presents that risk, to withdraw the detergent or surfactant from the market or to recall it, within a reasonable period prescribed by the market surveillance authorities and which is commensurate with the nature of that risk.

RemovedArticle 24 – paragraph 4 – subparagraph 1 a (new): On duly justified imperative grounds of urgency relating to the protection of health or the environment, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 28 (2a).

RemovedArticle 26 – paragraph 5 a (new): 5a. The Commission is empowered to adopt delegated acts in accordance with Article 27 to amend Annex II by approving appropriate non-animal approaches required for the testing of detergents in spray format containing micro-organisms before they are placed on the market.

RemovedArticle 26 – paragraph 6: deleted / (deleted)

RemovedThis is reflected in the proposed changes to Article 4.

RemovedArticle 28 – paragraph 2 a (new): 2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

RemovedFollows from the proposed amendment to Article 24(4).

RemovedArticle 29 – paragraph 1: Member 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 shall include, where appropriate, financial penalties proportionate to the turnover of the legal person or to the salary of the natural person who 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.

RemovedArticle 29 – paragraph 1 a (new): Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, where applicable: / (a) the nature, gravity, and extent of the infringement; / (b) the intentional or negligent character of the infringement; / (c) the population or the environment affected by the infringement, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of health and the environment.

RemovedArticle 32 a (new): Article 32a / Renewable content review / By... [ three 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 feasibility, the technical consequences and the impact on the protection of health and the environment of introducing mandatory obligations for renewable raw materials and recycled content for detergents and surfactants with the aim of ensuring all detergents and surfactants are fully made of renewable or recycled content by ...[10 years from the date of application of this Regulation] instead of being based on fossil fuel feedstock. In preparation of this report, the Commission shall in particular take into account the sustainable sourcing, global warming potential, the potential of using food waste into detergents, the potential land use change associated with alternative feedstocks and food security in the Union. The report shall be accompanied, where appropriate, by a legislative proposal.

RemovedAnnex II – point 2 – point e a (new): (ea) Pseudomonas aeruginosa, test method ISO 22717:2015;

RemovedThe Cosmetics Regulation prohibits two further pathogens. It is proposed to align the Detergents Regulation with the rules for cosmetics.

RemovedAnnex II – point 2 – point e b (new): (eb) Candida albicans, test method ISO 18416:2015.

RemovedAnnex II – point 7: 7. Detergents containing micro-organisms shall not be placed on the market in a spray format. The first sentence shall not apply to detergents containing micro-organisms which have passed appropriate non-animal test methods established in accordance with Article 26(5a).

RemovedThe proposal of the Commission to mandate animal testing for acute toxicity for detergents containing microorganisms is conflicting with expressed views of citizens, industry stakeholders and the European Parliament that clearly oppose animal testing. Moreover, in vivo tests are not suitable for determining the risk to consumers to inhale aerosols containing micro-organisms and would be an unnecessary use of animals.

RemovedPhosphates are a main contributor to the widespread problem of eutrophication across Europe. Municipalities across Europe are investing heavily in downstream solutions to clean wastewater of phosphates. These efforts should be helped by avoiding phosphate emissions into wastewater upstream, where possible. Similarly to the biodegradability requirements, industry is already advancing ahead of European legislation. There are numerous examples of manufacturers that have phased out phosphates in consumer and industrial products a long time ago. In order to further foster innovation in the sector, the thresholds for total phosphorus content in consumer products should be strengthened. Equally, there should be limits for certain industrial products, where current technologies already allow manufacturers to use products with little or no phosphate and other phosphorus substances.

RemovedAnnex V – Part A – point 1 – point c: (c) surfactants,

RemovedIn order to simplify labelling requirements it is proposed to group all surfactants together.

RemovedAnnex V – Part A – point 1 – point d: deleted

RemovedAnnex V – Part A – point 1 – point e: deleted

RemovedAnnex V – Part A – point 1 – point f: deleted

RemovedAnnex V – Part A – point 3 – paragraph 1 – introductory part: Preservatives shall be listed, using where possible the system referred to in Article 33 of Regulation (EC) No 1223/2009, irrespective of their concentration.

Removeddue to the conditions listed by the Commission, a comprehensive and targeted labeling of preservatives is not possible. Not all preservatives fall under Regulation (EU) No. 528/2012 and not all of them necessarily have to be identified on the components (preliminary products) of detergents. It also appears difficult to assess whether a substance no longer has preservative properties, even in synergy with other preservatives.

RemovedAnnex V – Part A – point 3 – paragraph 1 – point a: deleted

RemovedAnnex V – Part A – point 3 – paragraph 1 – point b: deleted

RemovedAnnex V – Part B – point 1 – point a: (a) the recommended quantities and/or dosage instructions expressed in millilitres or grams or, where relevant, number of pieces of capsules, pods or sheets appropriate to a standard washing machine load, for soft, medium and hard water hardness levels and making provision for one or two cycle washing processes,

RemovedAnnex V – Part B – point 1 – point c: (c) the capacity of any measuring cup, if provided, shall be indicated in millilitres or grams, and clearly visible markings shall be provided in a colour that contrasts the colour of the measuring cup to indicate the dose of detergent appropriate for a standard washing machine load for soft, medium and hard water hardness levels,

RemovedAnnex V – Part B – point 1 – point c a (new): (ca) for detergents packed in bottles, the dose of detergent appropriate for a standard washing machine load at least for soft and medium water hardness level shall be provided by clearly visible markings, preferably in a colour that contrasts the colour of the lid.

RemovedAnnex V – Part C: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedAnnex V – Part D – paragraph 1 a (new): Points (c) and (ca) of paragraph 1 of Part B of this Annex shall also apply in case the simplified dosage information is provided.

RemovedAnnex VI – paragraph 1 – point b: (b) the name, the postal and email address of the manufacturer or the manufacturer’s authorised representative as well the manufacturer’s unique operator identifier;

RemovedAnnex VI – paragraph 1 – point f: (f) a full list of substances intentionally added in the detergent or surfactant and of preservatives, using the International Nomenclature of Cosmetic Ingredients, or where it is not available, the European Pharmacopoeia name and, when also the latter is not available, the common chemical name or International Union of Pure and Applied Chemists name.

RemovedAnnex VI – paragraph 1 – point f a (new): (fa) the labelling in accordance with Article 15.