Changes from adopted text to adopted text

RemovedWhen adopting the delegated acts in accordance with the first subparagraph, the Commission shall take into account the following criteria:

Removed(a) coherence with other relevant Union acts where relevant;

Removed(b) the need to allow for the verification of the authenticity of the product passport;

Removed(c) the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs controls for detergents and surfactants;

Removed(d) the need to avoid disproportionate administrative burden for economic operators.

Removed3. The Commission is empowered to adopt delegated acts in accordance with Article 27 supplementing this Regulation by determining additional information stored in the registry referred to in Article 20(1) that is to be controlled by customs authorities.

Removed4. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending this Regulation by providing an Annex containing a list of Combined Nomenclature codes, as set out in Annex I to Regulation (EEC) No 2658/87, and product descriptions of detergents and surfactants and by updating such Annex.

Removed5. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annexes I to VII to take into account scientific and technical progress.

Removed6. Where new scientific evidence points to the need to introduce biodegradability requirements for substances and mixtures other than surfactants in detergents, including detergent capsules, the Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex I to lay down biodegradability criteria for those substances and mixtures and test methods to verify compliance with them.

RemovedWhen adopting delegated acts in accordance with the first subparagraph, the Commission shall take into account the current manufacturing practices, the availability of technically and economically feasible alternatives and the impacts to small and medium-sized enterprises.

Removed6a. Where Commission Regulation (EC) 440/2008 provides for non-animal approaches for testing the respiratory sensitisation properties of micro-organisms, the Commission shall, without undue delay, adopt delegated acts in accordance with Article 27 to amend Annex II to this Regulation by determining the requirements for placing on the market detergents containing micro-organisms in a spray format. [Am. 115]

Removed6b. The Commission is empowered to adopt delegated acts in accordance with Article 27 to amend Annex II by updating the standards applicable for the enumeration of micro-organisms to take into account scientific and technical progress. [Am. 116]

Removed7. Where individual risk-based concentration limits for fragrance allergens are established in Regulation (EC) No 1223/2009 of the European Parliament and of the Council, the Commission shall adopt delegated acts in accordance with Article 27 amending Annex V in order to adapt the limit of the allergenic fragrances listed in Annex III to that Regulation accordingly.

Removed8. By [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 27 to supplement this Regulation, by determining the specific requirements for the digital labelling of detergents. Those requirements shall at least establish the types of IT solutions, which economic operators may use, and the alternative means for providing the information on the digital label, referred to in Article 17.

RemovedWhen adopting the delegated act referred to in the first subparagraph, the Commission shall take into account the following criteria:

Removed(a) coherence with other relevant Union acts where relevant;

Removed(b) the need to encourage innovation;

Removed(c) technological neutrality characterised by absence of constraints or prescriptions on the choice of technology or equipment, within the bounds of compatibility and avoidance of interference;

Removed(d) the need for the digital labelling not to compromise the safety of the end-users and the environment.

Removed(e) the level of digital readiness among all population groups in the Union.

Removed9. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex V, as regards the labelling information, which economic operators are allowed to provide only digitally in accordance with Article 16, for the purposes of adapting it to technical and scientific progress and to the level of digital readiness among the end-users of detergents. When adopting those delegated acts, the Commission shall take into account the need to ensure a high level of protection of health and environment.

RemovedArticle 27 Exercise of the delegation

Removed1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed2. The power to adopt delegated acts referred to in Article 26 shall be conferred on the Commission for an indeterminate period of time.

Removed3. The delegation of power referred to in Article 26 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Removed4. 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.

Removed5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Removed6. 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.

RemovedArticle 28 Committee procedure

Removed1. 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.

Removed2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Removed2a. 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]

RemovedCHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

RemovedArticle 29 Penalties

RemovedMember 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]

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

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

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

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

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

RemovedArticle 30 Amendment of Regulation (EU) 2019/1020

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

Removed‘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 …).’

RemovedArticle 31 Report

RemovedBy [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:

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

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

Removed(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;

Removed(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;

Removed(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;

Removed(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.

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

RemovedArticle 32 Micro-organisms review

RemovedBy [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]

RemovedBy ... [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]

RemovedArticle 32a Renewable feedstock content review

RemovedBy ... [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]

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

RemovedRegulation (EC) No 648/2004 is repealed.

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