Changes from adopted text to adopted text

Removed(e) terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and inform, within 20 working days, the market surveillance authority of the Member State in which the manufacturer is established of the termination of the mandate; [Am. 67]

Removed(ea) where the authorised representative considers or has reason to believe that a detergent or a surfactant presents a risk to health or to the environment, inform the manufacturer thereof. [Am. 68]

Removed3a. When the authorised representative changes, detailed arrangements related to that change shall be laid down in a mandate in accordance with paragraphs 1, 2, and 3. [Am. 69]

Removed4. The obligations laid down in Article 7(1) and the obligation to draw up technical documentation referred to in Article 7(2) shall not form part of the authorised representative’s mandate.

RemovedArticle 9 Obligations of importers

Removed1. Importers shall place only compliant detergents or surfactants on the market.

Removed2. Before placing a detergent or surfactant on the market importers shall ensure the following:

Removed(a) the manufacturer has carried out the conformity assessment procedure and drawn up the technical documentation referred to in Article 7(2);

Removed(b) the detergent bears the CE marking referred to in Article 14; [Am. 70]

Removed(c) the manufacturer has created the product passport referred to in Article 7(2);

Removed(d) the relevant information on the product passport has been included in the registry referred to in Article 20(1);

Removed3. Where an importer considers or has reason to believe that a detergent or surfactant is not in conformity with this Regulation, the importer shall not place the detergent or surfactant on the market until it has been brought into conformity. Furthermore, where the detergent or surfactant presents a risk to health or to the environment, the importer shall inform the manufacturer and the market surveillance authorities to that effect.

Removed4. Importers shall indicate their name, registered trade name or registered trade mark and, the postal and email address and telephone number 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. [Am. 71]

Removed5. Importers shall ensure that detergents and surfactants that they place on the market comply with the labelling requirements laid down in Articles 15, 16 and 17.

Removed6. Importers shall ensure that, while a detergent or surfactant is under their responsibility, its storage or transport conditions do not jeopardise its compliance with this Regulation.

Removed7. When deemed appropriate with regard to the performance of a detergent or surfactant or the risks presented by them, importers shall carry out sample testing of such detergents and surfactants, investigate, and, if necessary, keep a register of complaints, of non-conforming detergents and surfactants and recalls of such detergents and surfactants, and shall keep distributors informed of any such monitoring.

Removed8. Importers that consider or have reason to believe that a detergent or surfactant which they have placed on the market is not in conformity with this Regulation shall immediately inform and cooperate with the manufacturer and the competent authorities and shall immediately take the corrective measuresactions necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where importers consider or have reason to believe that a detergent or surfactant which they have placed on the market presents a risk to health or the environment, they shall immediately inform the manufacturer and the competent national authorities of the Member States in which they made the detergent or surfactant available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measuresaction taken. [Am. 72]

Removed8a. Importers shall, upon request from market surveillance authorities, share in a timely manner relevant information with relevant economic operators, including distributors and authorised representatives, in the supply chain concerned as regards any conformity issue or risk to health or the environment that they have identified in relation to their product, and of any consequent corrective action, recall or withdrawal. [Am. 73]

Removed9. 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 detergent or surfactant has been placed on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.

Removed10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic formformat 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. The relevant information and documentation shall be provided within 20 working days of receipt of the request. 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. [Am. 74]

Removed10a. Importers shall verify whether the communication channels referred to in Article 7(8a) are publicly available to consumers, thereby allowing consumers to submit complaints and concerns about potential non-conformity of products. Where such channels are not available, importers shall provide for such channels, taking into account accessibility needs for persons with disabilities. [Am. 75]

RemovedArticle 10 Obligations of distributors

Removed1. When making a detergent or surfactant available on the market distributors shall act with due care in relation to the requirements of this Regulation.

Removed2. Before making a detergent or surfactant available on the market distributors shall verify that the following conditions have been met:

Removed(a) the detergent or surfactant is accompanied by the required documents and by a label that meets the requirements laid down in Articles 15, 16 and 17;

Removed(b) the detergent bears the CE marking referred to in Article 14; [Am. 76]

Removed(c) the manufacturer has complied with the requirements set out in Article 7(2) and (3) or, as applicable, the importer has complied with the requirements set out in Article 9(2).

Removed3. Where a distributor considers or has reason to believe that a detergent or surfactant is not in conformity with this Regulation, the distributor shall not make the detergent or surfactant available on the market until it has been brought into conformity. Furthermore, where the detergent or surfactant presents a risk to health or the environment, the distributor shall inform the manufacturer and, where relevant, the authorised representative or the importer to that effect as well as the market surveillance authorities.

Removed4. Distributors shall ensure that, while a detergent or surfactant is under their responsibility, its storage or transport conditions do not jeopardise its compliance with this Regulation.

Removed5. Distributors that consider or have reason to believe that a detergent or a surfactant which they have made available on the market is not in conformity with this Regulation shall make sureimmediately inform and cooperate with the manufacturer or importer, as applicable, and the competent authorities and shall ensure that the corrective measuresactions necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate, are taken. Furthermore, where distributors consider or have reason to believe that a detergent or surfactant which they have made available on the market presents a risk to health or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the detergent or surfactant available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measuresaction taken. [Am. 77]

Removed6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic formformat and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. The relevant information and documentation shall be provided within 20 working days of receipt of the request. 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. [Am. 78]

RemovedArticle 11 Cases in which obligations of manufacturers apply to importers and distributors

RemovedAn importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 7 where that importer or distributor places a detergent or surfactant on the market under his or her name or trademark or modifies a detergent or surfactant already placed on the market in such a way that compliance with this Regulation may be affected.

RemovedArticle 12 Packaging and repackaging by importers and distributors

RemovedWhere an importer or distributor packages or repackages a detergent or surfactant and is not subject to the obligations of the manufacturer pursuant to Article 11, that importer or distributor, as applicable, shall have the following obligations:

Removed(a) to ensure that the package bears his or her name, registered trade name or registered trade mark and, postal and email address and telephone number at which they can be contacted preceded by the words ‘packaged by’ or ‘repackaged by’; [Am. 79]

Removed(b) to ensure compliance with Articles 14 to 17;

Removed(c) to keep the reference to the unique product identifier at the disposal of the market surveillance authorities for 10 years after having made the detergent or surfactant available on the market.

RemovedArticle 13 Identification of economic operators

Removed1. Economic operators shall, on request, identify the following to the market surveillance authorities:

Removed(a) any economic operator who has supplied them with a detergent or a surfactant;

Removed(b) any economic operator to whom they have supplied a detergent or a surfactant.

Removed2. Economic operators shall be able to provide the information referred to in paragraph 1 for 10 years after they have been supplied with the detergent or surfactant and for 10 years after they have supplied the detergent or surfactant.

RemovedCHAPTER IV CE MARKING AND LABELLING

RemovedArticle 14 Rules and conditions for affixing the CE marking

Removed1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Removed2. The CE marking shall be affixed visibly, legibly and indelibly before a detergent is placed on the market.

RemovedThe CE marking shall be affixed either to the label or the packaging of a detergent or, where the detergent is supplied in bulk, to a document accompanying the detergent.

RemovedWhere, in accordance with Article 16(2), economic operators may provide a digital label only, the CE marking shall be provided on the digital label.

Removed3. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking. [Am. 80]

RemovedArticle 15 General labelling requirements

Removed1. Detergents and surfactants that are made available on the market in individual packaging or in a refill format shall be accompanied by a label.

Removed2. An economic operator making a detergent available on the market directly to an end-user in a refill format shall provide the physical label orand the data carrier through which the digital label is accessible to the end-user. [Am. 81]

Removed3. The label of detergents and surfactants shall contain the following information:

Removed(a) a type number, model number, batch number or other element allowing their identification; [Am. 82]

Removed(b) the manufacturer’s name and, where relevant, the manufacturer’s authorised representative’s name, registered trade name or registered trade mark and, the postal and email address and telephone number at which they can be contacted. The postal address shall indicate a single point at which the manufacturer can be contacted; [Am. 83]

Removed(c) the name and trade name of the product;

Removed(d) the content of the detergent or surfactant in accordance with part A of Annex V;

Removed(e) instructions for use and special precautions, where necessary and relevant.

RemovedThe information referred to in points (a), (b) and (c) of the first subparagraph shall appear on all documents accompanying detergents and surfactants transported in bulk.