Changes from report parliamentary committee draft to plenary report

AddedArticle 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 damage to human health or the environment caused by the infringement, insofar as it can be determined; / (d) the level of cooperation of the natural or legal person held responsible with the competent authority.

AddedArticle 31 – paragraph 1: By [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: / (a) how this Regulation is achieving its objectives, including an assessment on the impact on small and medium-sized enterprises; / (b) the risk of the generation of anti-microbial resistance associated with the use of detergents or surfactants with biocidal properties; / (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; / (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. / (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; / (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 tha…

AddedArticle 32 – paragraph 1: By [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.

AddedArticle 32 – paragraph 1 a (new): By ... [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.

AddedArticle 32 a (new): Article 32a / Renewable feedstock content review / By ... [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.

AddedAnnex II – point 1 – subparagraph 1 – point a: (a) shall belong to a collection of an International Depository Authority (IDA) or have had their DNA identified in accordance with a “Strain identification protocol” (using 16S ribosomal DNA sequencing or an equivalent method) ;

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

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

AddedAnnex II – point 2 – point e c (new): (ec) any other micro-organisms listed in Annex 1, Table 4 of Regulation (EU) 2020/7411a. / 1a Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32, ELI: http://data.europa.eu/eli/reg/2020/741/oj).

AddedAnnex II – point 5: 5. When placed on the market, detergents containing micro-organisms shall have a standard plate count equal to or greater than 1x105 colony-forming units (CFUs) per ml in accordance with ISO 21149 or ISO 4833-1:2014.

AddedAnnex II – point 6: 6. The minimum shelf life of a detergent containing micro-organisms shall not be lower than 24 months and the microbial count shall not decrease by more than 10 % every 12 months in accordance with ISO 21149 or ISO 4833-1:2014.

AddedAnnex II – point 7: 7. Detergents containing micro-organisms shall be allowed to be placed on the market in a spray format after appropriate non-animal approaches to testing the respiratory sensitisation properties of micro-organisms have been established in accordance with Article 26(6a).

AddedAnnex II – point 9: 9. The manufacturer shall substantiate all claims made regarding the actions or performance of the micro-organisms contained in the product with appropriate tests. Those tests shall be verified by an independent third party.

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

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

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

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

AddedAnnex V – Part A – point 3 – subparagraph 2 a (new): Where a digital label is provided in accordance with Article 16(1) of this Regulation, the preservatives shall be listed, using where possible the system referred to in Article 33 of Regulation (EC) No 1223/2009, irrespective of their concentration.

AddedAnnex 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 units 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,

AddedAnnex 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 that significantly contrast 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,

AddedAnnex 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 on the lid, that significantly contrast the colour of the lid.

AddedAnnex V – Part B – point 3: 3. The label of consumer automatic dishwasher detergents shall indicate the standard dosage expressed in grams or millilitres or number of units for the main washing cycle for normally soiled tableware in a fully loaded 12 place settings dishwasher, adjusting the standard dosage, where relevant, for soft, medium, and hard water hardness.

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

AddedAnnex V – Part D – paragraph 1 – point b: (b) the recommended quantities based on medium water hardness and different degrees of fabric soiling; and

AddedAnnex V – Part D – paragraph 1 – subparagraph 1 a (new): Points (1)(c) and (d) of Part B shall also apply where the simplified dosage information is provided.

AddedAnnex 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;

AddedAnnex 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 common chemical name or International Union of Pure and Applied Chemists name.

AddedAnnex VI – paragraph 1 – point f a (new): (fa) the technical documentation and results of the conformity assessment procedure referred to in Article 7(2);

AddedAnnex VI – paragraph 1 – point f b (new): (fb) where applicable, the results of the test carried out by the manufacturer in accordance with point 9 of Annex II and the third party verification statement of those tests;

AddedAnnex VI – paragraph 1 – point f c (new): (fc) where applicable, a link to the digital label referred to in Article 16(1).

AddedAnnex VI – paragraph 2 a (new): The information referred to in point (fa) shall only be available to market surveillance authorities of the Member States and the Commission.