Sittings · Document

REPORT (COM(2023)0217 – C90154/2023 – 2023/0124(COD)) 2024-02-16

On the proposal for a regulation of the European Parliament and of the Council on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004

Committee on the Environment, Public Health and Food Safety · Rapporteur: Manuela Ripa

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0217)

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0154/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 12 July 2023,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on the Internal Market and Consumer Protection,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0039/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission	Amendment
	(9a) There are substances used in detergents, other than surfactants, which might remain in wastewater after use and, if not removed by wastewater operators in costly processes, they persist and built up in the environment. In order to facilitate innovation and address potential risks to health and the environment, it is necessary to set a mid-term target ensuring that detergents, as a whole, are inherently biodegradable. To give manufacturers time to adapt product formulations, sufficient transition periods should be provided and relevant test criteria should be established well in advance.

Amendment 2

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(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 consumer laundry and consumer automatic dishwasher detergents. Similar limitations are not required for other types of detergents either because their contribution is not significant or because suitable alternatives are currently not available.	(10) Phosphorus is an ingredient used in detergents. However, phosphorus and its compounds cause significant 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.

Amendment 3

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12a) In accordance with Directive 2010/63/EU of the European Parliament and of the Council1a, it is necessary to replace, reduce or refine testing on animals, with a view to stopping the use of animals for testing as soon as possible. The placing on the market of detergents and surfactants which have been the subject of animal testing in order to meet the requirements of this Regulation should therefore generally be prohibited while still ensuring the protection of human health and allowing the use of historic data. The Commission should validate relevant alternative testing methods and derogations where appropriate and encourage the sharing of information between all relevant stakeholders to support the development of non-animal testing methods taking into account the applicable Union law on the protection of undisclosed business information and on public access to environmental information.
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	1a Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33)

Amendment 4

Proposal for a regulation

Recital 12 b (new)

Text proposed by the Commission	Amendment
	(12b) The use of the claim ‘animal testing free’ or similar claims should only be allowed if it is ensured that during the manufacturing and conformity testing 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.

Amendment 5

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the Union market detergents and surfactants which are in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain.	(14) All economic operators intervening in the supply and distribution chain should take appropriate and effective measures to ensure that they only make available on the Union market detergents and surfactants which are in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain.

Amendment 6

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15a) Manufacturers should keep the technical documentation, the product passport and, where applicable, the digital label for a period of 10 years following the date on which the last item of a batch or model of a detergent or the surfactant covered by that documentation, product passport or digital label has been placed on the market.

Amendment 7

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) To facilitate compliance of the manufacturers with their obligations under this Regulation, manufacturers established in the Union should be allowed to appoint an authorised representative to carry out specific tasks on their behalf. Moreover, to ensure a clear and proportionate distribution of responsibilities between the manufacturer and the authorised representative it is necessary to set out the list of tasks that manufacturers should be allowed to entrust the authorised representative with. Further, to ensure the enforceability and effectiveness of the market surveillance requirements and that only compliant detergents and surfactants are placed on the Union market, the appointment of an authorised representative should be mandatory when the manufacturer is established outside of the Union.	(17) To facilitate compliance of the manufacturers with their obligations under this Regulation, manufacturers established in the Union should be allowed to appoint an authorised representative to carry out specific tasks on their behalf. Such an appointment should be valid only when accepted in writing by the authorised representative. Moreover, to ensure a clear and proportionate distribution of responsibilities between the manufacturer and the authorised representative it is necessary to set out the list of tasks that manufacturers should be allowed to entrust the authorised representative with. Further, to ensure the enforceability and effectiveness of the market surveillance requirements and that only compliant detergents and surfactants are placed on the Union market, the appointment of an authorised representative should be mandatory when the manufacturer is established outside of the Union.

Amendment 8

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) With a view to facilitating the communication between economic operators, market surveillance authorities and consumers, economic operators should, as part of their contact details, indicate a website address in addition to the postal address.	(18) With a view to facilitating the communication between economic operators, market surveillance authorities and consumers, economic operators should, as part of their contact details, indicate a telephone number in addition to the postal and email addresses.

Amendment 9

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) In order to safeguard the functioning of the internal market and to ensure that the objective of providing a high level of protection of health and the environment is achieved, it is necessary to establish that detergents and surfactants from third countries entering the Union market also comply with this Regulation. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. It is also necessary to lay down rules for importers to ensure that the detergents and surfactants they place on the market comply with those requirements and that the documentation drawn up by manufacturers and, where relevant, the CE marking are available for inspection by the competent national authorities. Provision should also be made for importers to ensure that a product passport is available for those products.	(19) In order to safeguard the functioning of the internal market and to ensure that the objective of providing a high level of protection of health and the environment is achieved, it is necessary to establish that detergents and surfactants from third countries entering the Union market also comply with this Regulation. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. It is also necessary to lay down rules for importers to ensure that the detergents and surfactants they place on the market comply with those requirements and that the documentation drawn up by manufacturers is available for inspection by the competent national authorities. Provision should also be made for importers to ensure that a product passport is available for those products.

Amendment 10

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(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 postal address and, where available, electronic means of communication through which they can be contacted.	(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 postal and email address and telephone number through which they can be contacted.

Amendment 11

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) The CE marking, indicating the conformity of a detergent with this Regulation, is the visible consequence of a whole process comprising conformity assessment in a broad sense. Regulation (EC) No 765/2008 of the European Parliament and of the Council36 lays down the general principles of the CE marking. That Regulation should be applicable to detergents covered by this Regulation in order to ensure that products benefiting from the free movement of goods within the Union fulfil requirements providing a high level of protection of public interests such as health and the environment. In line with Regulation (EC) No 765/2008, the CE marking should be the only marking of conformity indicating that the detergent is in conformity with Union harmonisation legislation.	deleted
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36 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

Amendment 12

Proposal for a regulation

Recital 25

Text proposed by the Commission	Amendment
(25) To ensure a high level of protection of human health, manufacturers should be required to provide an ingredient data sheet for non-hazardous detergents. In order to optimise efficiency of the relevant requirements and in view of the system related to emergency health response already established under Regulation (EC) No 1272/2008, manufacturers should hold this information at the disposal of poison centres, upon request.	(25) To ensure a high level of protection of health, manufacturers should be required to provide an ingredient data sheet for non-hazardous detergents. In order to optimise efficiency of the relevant requirements and in view of the system related to emergency health response already established under Regulation (EC) No 1272/2008, manufacturers should hold this information at the disposal of poison centres.

Amendment 13

Proposal for a regulation

Recital 26

Text proposed by the Commission	Amendment
(26) Labels communicate important use and safety information to users, such as the presence of skin or respiratory sensitisers (e.g. allergenic fragrances, preservatives or enzymes) in detergents and surfactants. By providing information on the content of those substances on the labels of detergents and surfactants, it is possible for users with allergies or allergic predispositions to make informed choices, and potential reactions related to the use of detergents and surfactants are thus reduced. It is therefore necessary to establish labelling requirements for detergents and surfactants.	(26) Labels communicate important use, health and safety information to users, such as the presence of skin or respiratory sensitisers (e.g. allergenic fragrances, preservatives or enzymes) in detergents and surfactants. By providing information on the content of those substances on the labels of detergents and surfactants, it is possible for users with allergies or allergic predispositions to make informed choices, and potential reactions related to the use of detergents and surfactants are thus reduced. It is therefore necessary to establish labelling requirements for detergents and surfactants.

Amendment 14

Proposal for a regulation

Recital 28

Text proposed by the Commission	Amendment
(28) Fragrance substances are organic compounds with characteristic, usually pleasant, odours, which are widely used in detergents but also in many other products such as perfumes and other perfumed cosmetics. Those substances could cause an allergic reaction upon contact, especially to sensitised persons, even when contained in low concentrations. Therefore, it is important to provide information on the presence of individual allergenic fragrances in detergents so that sensitised persons can avoid contact with the substance to which they are allergic. It is therefore necessary to lay down strict requirements for the labelling of allergenic fragrances. However, those substances could also trigger a labelling requirement under Regulation (EC) No 1272/2008. Specific labelling requirements should therefore be established that would apply only when the labelling thresholds under Regulation (EC) No 1272/2008 are not met. This will not only prevent the unnecessary burden for economic operators but also ensure that end-users receive this information presented in a clear manner thus providing a high level of protection of human health even for sensitised persons.	(28) Fragrance substances are organic compounds with characteristic, usually pleasant, odours, which are widely used in detergents but also in many other products such as perfumes and other perfumed cosmetics. Those substances could cause an allergic reaction upon contact, especially to sensitised persons, even when contained in low concentrations. Therefore, it is important to provide information on the presence of individual allergenic fragrances in detergents so that sensitised persons can avoid contact with the substance to which they are allergic. It is therefore necessary to lay down strict requirements for the labelling of allergenic fragrances. However, those substances could also trigger a labelling requirement under Regulation (EC) No 1272/2008. Specific labelling requirements should therefore be established that would apply only when the labelling thresholds under Regulation (EC) No 1272/2008 are not met. This will not only prevent the unnecessary burden for economic operators but also ensure that end-users receive this information presented in a clear manner thus providing a high level of protection of human health even for sensitised persons. Appropriate transition periods should be applied to new labelling requirements established by delegated acts.

Amendment 15

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) Digital labelling could improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. Providing digital labels could also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information, reducing labelling costs and permitting a more targeted information of users. Therefore, economic operators should be allowed to provide certain labelling information only through the digital label subject to certain conditions to ensure a high level of protection of detergents’ users.	(31) Digital labelling could improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. Providing digital labels could also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information, reducing labelling costs and permitting a more targeted information of users. Therefore, economic operators should be allowed to provide certain labelling information through the digital label subject to certain conditions to ensure a high level of protection of detergents’ users and the environment.

Amendment 16

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) Digital labelling could increase readability, ease of use and comprehension of labels for consumers, including vulnerable and visually impaired consumers.

Amendment 17

Proposal for a regulation

Recital 32

Text proposed by the Commission	Amendment
(32) To avoid imposing an unnecessary administrative burden for economic operators and since, in most cases, the digital label is only complementary to the physical one, economic operators should be able to decide whether to use digital labels or provide all the information on a physical label only. The choice to provide a digital label should rest with manufacturers and importers, who are responsible for providing the accurate set of labelling information.	(32) To avoid imposing an unnecessary administrative burden for economic operators and since the digital label is complementary to the physical one, economic operators should be able to decide whether to use digital labels or provide all the information on a physical label only. The choice to provide a digital label should rest with manufacturers and importers, who are responsible for providing the accurate set of labelling information.

Amendment 18

Proposal for a regulation

Recital 33

Text proposed by the Commission	Amendment
(33) Digital labelling could also create challenges for the vulnerable population groups with no or insufficient digital skills and lead to an accentuation of the digital divide. For this reason, the specific information to be provided only in a digital label should reflect the current state of the digitalisation of the society and the particular situation of detergents users. In addition, all the labelling information concerning the protection of health and the environment, as well as minimum use instructions of detergents, should remain on the physical label, to enable all end-users to make informed choices before buying the detergent and to ensure its safe handling.	(33) Digital labelling could also create challenges for the vulnerable population groups with no or insufficient digital skills and lead to an accentuation of the digital divide. For this reason, the specific information to be provided in a digital label should reflect the current state of the digitalisation of the society and the particular situation of detergents users as well as readiness of the necessary wireless and other technological infrastructure allowing unrestricted access to the information. In addition, all the labelling information concerning the protection of health and the environment, including use instructions of detergents, should remain on the physical label, to enable all end-users to make informed choices before buying the detergent and to ensure its safe handling.

Amendment 19

Proposal for a regulation

Recital 34

Text proposed by the Commission	Amendment
(34) An exception should, nevertheless, be made for detergents sold to end-users in a refill format. In order to fully reap not only the benefits offered by digitalisation but also the large environmental benefits in terms of reduction of packaging and related packaging waste that the practice of refill sales offers, it should be permitted to provide all labelling information digitally with the exception of dosage instructions for consumer laundry detergents.	(34) For detergents sold to end-users in a refill format, it should be ensured that all labelling information is available in a separately available label which should be attached to the packaging at the moment of refill. This should include the dosage instructions for consumer laundry detergents.

Amendment 20

Proposal for a regulation

Recital 35

Text proposed by the Commission	Amendment
(35) To ensure a level playing field among economic operators making available detergents on the market, and to protect end-users, general requirements for digital labelling should be laid down. For example, economic operators should ensure free and easy access to digital labels and that mandatory labelling information requested under this Regulation is separated from other information.	(35) To ensure a level playing field among economic operators making available detergents on the market, and to protect end-users, general requirements for digital labelling should be laid down. For example, economic operators should ensure free and easy access to digital labels, available by way of a maximum two buttons or clicks, and that mandatory labelling information requested under this Regulation is separated from other information.

Amendment 21

Proposal for a regulation

Recital 36

Text proposed by the Commission	Amendment
(36) Given the current development of the digital skills, economic operators should also provide the labelling information by alternative means to end-users when they cannot access the digital label. This obligation should be imposed as a safety measure to reduce any potential risks by the unavailability of the labelling information, in particular as regards refilled detergents, where all the information may be provided in a digital label.	(36) Given the current development of the digital skills, economic operators should also provide the labelling information by alternative means to end-users when they cannot access the digital label. This obligation should be imposed as a safety measure to reduce any potential risks by the unavailability of the labelling information.

Amendment 22

Proposal for a regulation

Recital 37

Text proposed by the Commission	Amendment
(37) Since detergents have the same use and present the same risks irrespective of the format in which they are made available on the market, economic operators making detergents available on the market in a refill format should ensure that these comply with the same requirements as the pre-packaged ones. In addition, consumers should receive the required labelling information also when opting for refilled detergents. The refill sale of detergents should, therefore, be explicitly covered by this Regulation in order to ensure a high level of protection of health and the environment and a level playing field for economic operators.	(37) Since detergents have the same use and present the same risks irrespective of the format in which they are made available on the market, economic operators making detergents available on the market in a refill format should ensure that these comply with the same requirements as the pre-packaged ones. In addition, consumers should receive the required labelling information also when opting for refilled detergents. A physical copy of the label should also always be visible at the refill station. The refill sale of detergents should, therefore, be explicitly covered by this Regulation in order to ensure a high level of protection of health and the environment and a level playing field for economic operators. In order to further the Union’s transition towards a circular economy, the reuse and refill of packaging should be encouraged and promoted. Manufacturers and final distributors should, where feasible, enable and further develop the sale of detergents in refill format at the point of sale and should endeavour to make detergents available to consumers in other sustainable sales forms, for example by making detergents available in recyclable packaging that allows consumers to refill the appropriate packaging at home, where possible while ensuring the safety of consumers.

Amendment 23

Proposal for a regulation

Recital 39 a (new)

Text proposed by the Commission	Amendment
	(39a) To avoid costs to companies and to the public that are disproportionate to the wider benefits, the product passport should, by default, be specific to the model of a detergent or surfactant. When there are changes to the formula or when there are compositional differences according to the batch, the product passport should be specific to the batch.

Amendment 24

Proposal for a regulation

Recital 43

Text proposed by the Commission	Amendment
(43) When other Union legislation applicable to detergents or surfactants requires a product passport, a single product passport should be available for detergents and surfactants containing the information required under this Regulation and the other Union legislation.	(43) When other Union legislation applicable to detergents or surfactants requires a product passport, a single product passport should be required for detergents and surfactants containing the information required under this Regulation and the other Union legislation. Furthermore, the requirements for the technical design of the product passport for detergents and surfactants should be compatible with separate technical design criteria provided for in other Union legislation.

Amendment 25

Proposal for a regulation

Recital 44

Text proposed by the Commission	Amendment
(44) It is crucial to make clear to both manufacturers and users that by creating the product passport for detergent or surfactant and, where relevant, by affixing the CE marking, the manufacturer declares that the detergent or surfactant is in conformity with all applicable requirements and that the manufacturer takes full responsibility thereof.	(44) It is crucial to make clear to both manufacturers and users that by creating the product passport for detergent or surfactant, the manufacturer declares that the detergent or surfactant is in conformity with all applicable requirements and that the manufacturer takes full responsibility thereof.

Amendment 26

Proposal for a regulation

Recital 45

Text proposed by the Commission	Amendment
(45) Where certain information is provided only digitally, it is necessary to clarify that this information needs to be provided separately and clearly distinguished from each other but through a single data carrier. This will facilitate the work of market surveillance authorities but also provide clarity to end users regarding the different pieces of information that are available to them in a digital format.	(45) Where certain information is provided digitally, it is necessary to clarify that this information needs to be provided separately and clearly distinguished from each other but through a single data carrier. This will facilitate the work of market surveillance authorities but also provide clarity to end users regarding the different pieces of information that are available to them in a digital format.

Amendment 27

Proposal for a regulation

Recital 60

Text proposed by the Commission	Amendment
(60) In view of the need to ensure a high level of human health and environmental protection and the need to take into account new developments based on scientific facts, the Commission should submit to the European Parliament and to the Council a report on the application of this Regulation. The Commission should in its report assess inter alia if this Regulation is achieving its objectives, taking into account the impacts on small and medium-sized enterprises.	(60) In view of the need to ensure a high level of health and environmental protection and the need to take into account new developments based on scientific facts, the Commission should submit to the European Parliament and to the Council a report on the application of this Regulation. The Commission should in its report assess inter alia if this Regulation is achieving its objectives, taking into account the impacts on small and medium-sized enterprises.

Amendment 28

Proposal for a regulation

Recital 61

Text proposed by the Commission	Amendment
(61) In order to ensure a high level of protection of health and the environment, foster innovation and boost competitiveness, the Commission should assess the safety requirements for detergents containing micro-organisms and the possibility to allow the use of new micro-organisms or strains of micro-organisms in detergents.	(61) In order to ensure a high level of protection of health and the environment, foster innovation and boost competitiveness, the Commission should assess the safety requirements for detergents containing micro-organisms and the possibility to allow the use of new micro-organisms or strains of micro-organisms in detergents or to restrict the presence of them, where necessary.

Amendment 29

Proposal for a regulation

Recital 61 a (new)

Text proposed by the Commission	Amendment
	(61a) In order to facilitate the transition to a fully circular economy, the Commission should assess the introduction of targets for sustainable renewable raw materials and recycled content for detergents.

Amendment 30

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – indent 3

Text proposed by the Commission	Amendment
– a mixture intended to modify the feel of fabrics in processes which are to complement the washing of fabrics;	– a mixture intended to modify the feel or odour of fabrics in processes which are to complement the washing of fabrics;

Amendment 31

Proposal for a regulation

Article 2 – paragraph 1 – point 3 a (new)

Text proposed by the Commission	Amendment
	(3a) ‘hard surface cleaning product’ means any all-purpose cleaner, kitchen cleaner, window cleaner or sanitary;

Amendment 32

Proposal for a regulation

Article 2 – paragraph 1 – point 3 b (new)

Text proposed by the Commission	Amendment
	(3b) ‘consumer hand dishwashing detergent’ means a detergent used for the cleaning of dishes, cutlery and other kitchen utensils by hand, which is placed on the market for use by non-professionals;

Amendment 33

Proposal for a regulation

Article 2 – paragraph 1 – point 3 c (new)

Text proposed by the Commission	Amendment
	(3c) ‘industrial and institutional laundry detergent’ means a detergent for laundry placed on the market for use by specialised personnel outside the domestic sphere;

Amendment 34

Proposal for a regulation

Article 2 – paragraph 1 – point 3 d (new)

Text proposed by the Commission	Amendment
	(3d) ‘industrial and institutional dishwasher detergent’ means a detergent placed on the market for use by specialised personnel in automatic dishwashers outside of the domestic sphere.

Amendment 35

Proposal for a regulation

Article 2 – paragraph 1 – point 6

Text proposed by the Commission	Amendment
(6) ‘cleaning’ means the process by which an undesirable deposit is dislodged from a substrate or from within a substrate and brought into a state of solution or dispersion;	(6) ‘cleaning’ means the process by which an undesirable deposit is dislodged from a substrate or from within a substrate and brought into a state of solution or dispersion, including by using micro-organisms;

Amendment 36

Proposal for a regulation

Article 2 – paragraph 1 – point 20

Text proposed by the Commission	Amendment
(20) ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in this Regulation;	(20) ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in in this Regulation and other applicable Union harmonisation legislation and to ensure protection of the public interest covered by that legislation;

Amendment 37

Proposal for a regulation

Article 2 – paragraph 1 – point 21

Text proposed by the Commission	Amendment
(21) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point 4, of Regulation (EU) 2019/1020;	(21) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point 4, of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;

Amendment 38

Proposal for a regulation

Article 2 – paragraph 1 – point 24

Text proposed by the Commission	Amendment
(24) ‘CE marking’ means a marking by which the manufacturer indicates that the detergent is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;	deleted

Amendment 39

Proposal for a regulation

Article 2 – paragraph 1 – point 25

Text proposed by the Commission	Amendment
(25) ‘corrective measure’ means a measure as defined in Article 3, point 16, of Regulation (EU) 2019/1020;	(25) ‘corrective action’ means an action as defined in Article 3, point 16, of Regulation (EU) 2019/10201a;
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	1a Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

Amendment 40

Proposal for a regulation

Article 2 – paragraph 1 – point 28

Text proposed by the Commission	Amendment
(28) ‘unique product identifier’ means a unique string of characters that allows the identification of a product and enables a web link to the product passport;	(28) ‘unique product identifier’ means a unique string of characters for the identification of a product that also enables a web link to the product passport;

Amendment 41

Proposal for a regulation

Article 2 – paragraph 1 – point 29

Text proposed by the Commission	Amendment
(29) ‘unique operator identifier’ means a unique string of characters for the identification of economic operators involved in the value chain of products;	(29) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of products;

Amendment 42

Proposal for a regulation

Article 2 – paragraph 1 – point 33

Text proposed by the Commission	Amendment
(33) ‘refill’ means the operation by which the detergent is filled in-store from a large container in the end-users’ own package either manually or through automatic or semi-automatic equipment;	(33) ‘refill’ means the operation by which a consumer or a professional user fills a packaging with a detergent offered by a supplier in the course of a commercial activity, whether in return for payment or free of charge;

Amendment 43

Proposal for a regulation

Article 2 – paragraph 1 – point 34 a (new)

Text proposed by the Commission	Amendment
	(34a) ‘model’ means a group of detergents or surfactants that meet the following conditions:
	- they are under the responsibility of the same manufacturer;
	- they have the same content, in accordance with Part A of Annex V, and are manufactured using the same manufacturing processes;
	- they are intended to have a uniform composition when tested in accordance with the same test methods; and
	- they are clearly defined by a type number or other element allowing their identification;

Amendment 44

Proposal for a regulation

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Paragraph 1 shall not apply to the following:	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 when they meet any of the following conditions:

Amendment 45

Proposal for a regulation

Article 4 – paragraph 2 – point a – introductory part

Text proposed by the Commission	Amendment
(a) surfactants that are active substances within the meaning of 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:	(a) they are included in the Union list of approved active substances as laid down in Article 9(2) of Regulation (EU) No 528/2012;

Amendment 46

Proposal for a regulation

Article 4 – paragraph 2 – point a – point i

Text proposed by the Commission	Amendment
(i) 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

Amendment 47

Proposal for a regulation

Article 4 – paragraph 2 – point a – point ii

Text proposed by the Commission	Amendment
(ii) the surfactants are included in the review programme as set out in Commission Delegated Regulation (EU) No 1062/201445 ;	deleted
_________________
45 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).

Amendment 48

Proposal for a regulation

Article 4 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) surfactants that are constituents of biocidal products authorised in accordance with Regulation (EU) No 528/2012;	(b) they 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).

Amendment 49

Proposal for a regulation

Article 4 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) surfactants that are constituents of biocidal products and which may be made available on the market or used in accordance with Article 89(2) of Regulation (EU) No 528/2012.	(c) they are constituents of biocidal products and may be made available on the market or used in accordance with Article 55 of Regulation (EU) No 528/2012.

Amendment 50

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. By... [4 years from the entry into force of the delegated act adopted in accordance with the second subparagraph] organic ingredients of detergents other than surfactants shall be inherently biodegradable.
	By… [two 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 for constituents other than surfactants.
	Where necessary, the Commission is empowered to adopt delegated acts in accordance with Article 27 to allow for the use of substances in detergents that do not comply with the biodegradability criteria established in accordance with Annex I.
	When adopting delegated acts in accordance with the second and third subparagraphs, 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 environment.

Amendment 51

Proposal for a regulation

Article 4 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2b. By... [two years from the entry into force of the delegated act adopted in accordance with the second subparagraph], water-soluble film around detergents shall be degradable.
	By… [18 months from the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 27 supplementing Annex I with criteria and test methods for the degradability of water-soluble film around detergents.

Amendment 52

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The first paragraph shall not apply to detergents that are industrial biocidal products within the meaning of Regulation (EU) No 528/2012 or medical devices within the meaning of Regulation (EU) No 2017/7451a.
	_____________
	1a Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).

Amendment 53

Proposal for a regulation

Article 6 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	The unintentional presence in surfactants and detergents of phosphates and other phosphorus compounds that stems from impurities of ingredients, from the manufacturing process or storage or from migration from packaging, shall be tolerated if that presence is technically unavoidable in good manufacturing practice and, notwithstanding such presence, those surfactants and detergents are safe.

Amendment 54

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission	Amendment
	Article 6a
	Animal testing
	1. The safety of detergents and surfactants and conformity with this Regulation shall be established by using non-animal new approach methods validated and adopted at Union level.
	2. Without prejudice to the general obligations pursuant to Article 1(1), 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 object of animal testing with a view to meeting 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 with a view to meeting the requirements of this Regulation.
	3. Paragraphs 1 and 2 shall be applicable without prejudice to relevant Union law, and shall not prevent the use of data acquired before .... [the date of entry into force of this Regulation].
	4. In exceptional circumstances, where concerns arise as regards the safety of a detergent ingredient, the Commission may adopt a decision granting a derogation from paragraphs 1 and 2. The Commission may act on its own initiative or on the basis of a reasoned request from an economic operator or a Member State.
	When the Commission acts on the basis of a reasoned request from an economic operator or a Member State, that request shall contain an evaluation of the situation and indicate the necessary measures. On that basis, the Commission may, after consulting the relevant scientific Committee, Agency or body, adopt a decision authorising the derogation.
	That decision shall lay down the conditions associated with that derogation in terms of specific objectives, duration and reporting of the results. A derogation shall be granted only where:
	(a) the ingredient is widely used and cannot be replaced by another ingredient capable of performing a similar function;
	(b) the human health problem is substantiated and the need to conduct animal tests is justified and is supported by a detailed research protocol proposed as the basis for the evaluation.

Amendment 55

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) where relevant, affix the CE marking in accordance with Article 14,	deleted

Amendment 56

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Manufacturers shall keep the technical documentation and the product passport for 10 years after the detergent or the surfactant covered by that documentation or product passport has been placed on the market.	3. Manufacturers shall keep and, where necessary, update the technical documentation and the product passport for 10 years after the detergent or the surfactant covered by that documentation or product passport has been placed on the market.

Amendment 57

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) upon request from the Member States’ appointed bodies;	(a) at the time of placing a detergent on the market;

Amendment 58

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) when the detergent for which a data sheet has already been requested no longer corresponds to the information included in that datasheet.	(b) when the detergent for which a data sheet has already been provided no longer corresponds to the information included in that datasheet.

Amendment 59

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission	Amendment
7. Manufacturers 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 take the corrective measures necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where manufacturers consider or have reason to believe that a detergent or surfactant which they have placed 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 measures taken.	7. Manufacturers 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 take the corrective actions necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where manufacturers consider or have reason to believe that a detergent or surfactant which they have placed 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 actions taken.

Amendment 60

Proposal for a regulation

Article 7 – paragraph 7 a (new)

Text proposed by the Commission	Amendment
	7a. Manufacturers shall, upon request, share relevant information in a timely manner with relevant economic operators, including distributors, importers and authorised representatives, in the supply chain concerned on 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.

Amendment 61

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission	Amendment
8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, 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.	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. 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.

Amendment 62

Proposal for a regulation

Article 7 – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. Manufacturers shall make their communication channels, such as a telephone number, an email address or a dedicated section of their website, publicly available on their website, taking into account the accessibility needs of persons with disabilities and enabling end-users to submit complaints or concerns about potential non-conformity of products or safety issues

Amendment 63

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. Manufacturers may, by a written mandate, appoint an authorised representative.	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.

Amendment 64

Proposal for a regulation

Article 8 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Manufacturers that are not established in the Union, shall inform the national competent authorities of the postal address and e-mail address of their authorised representative.

Amendment 65

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall provide a copy of the mandate to the competent authority, upon request.	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.

Amendment 66

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation;	(c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation, within 20 working days of the receipt of the request and in a language that can be easily understood by that authority;

Amendment 67

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point e

Text proposed by the Commission	Amendment
(e) terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation.	(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.

Amendment 68

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point e a (new)

Text proposed by the Commission	Amendment
	(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;

Amendment 69

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. 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.

Amendment 70

Proposal for a regulation

Article 9 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the detergent bears the CE marking referred to in Article 14;	deleted

Amendment 71

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission	Amendment
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.	4. Importers shall indicate their name, registered trade name or registered trade mark, 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.

Amendment 72

Proposal for a regulation

Article 9 – paragraph 8

Text proposed by the Commission	Amendment
8. 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 take the corrective measures 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 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 measures taken.	8. 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 actions 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 action taken.

Amendment 73

Proposal for a regulation

Article 9 – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. 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.

Amendment 74

Proposal for a regulation

Article 9 – paragraph 10

Text proposed by the Commission	Amendment
10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, 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.	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. 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.

Amendment 75

Proposal for a regulation

Article 9 – paragraph 10 a (new)

Text proposed by the Commission	Amendment
	10a. 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.

Amendment 76

Proposal for a regulation

Article 10 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the detergent bears the CE marking referred to in Article 14;	deleted

Amendment 77

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission	Amendment
5. 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 sure that the corrective measures 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 measures taken.	5. 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 immediately inform and cooperate with the manufacturer or importer, as applicable, and the competent authorities and shall ensure that the corrective actions 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 action taken.

Amendment 78

Proposal for a regulation

Article 10 – paragraph 6

Text proposed by the Commission	Amendment
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, 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.	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. 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.

Amendment 79

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) to ensure that the package bears his or her name, registered trade name or registered trade mark and postal address preceded by the words ‘packaged by’ or ‘repackaged by’;	(a) to ensure that the package bears his or her name, registered trade name or registered trade mark, postal and email address and telephone number at which they can be contacted preceded by the words ‘packaged by’ or ‘repackaged by’;

Amendment 80

Proposal for a regulation

Article 14

Text proposed by the Commission	Amendment
Article 14	deleted
Rules and conditions for affixing the CE marking
1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
2. The CE marking shall be affixed visibly, legibly and indelibly before a detergent is placed on the market.
The 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.
Where, in accordance with Article 16(2), economic operators may provide a digital label only, the CE marking shall be provided on the digital label.
3. 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.

Amendment 81

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission	Amendment
2. An economic operator making a detergent available on the market directly to an end-user in a refill format shall provide the physical label or the data carrier through which the digital label is accessible to the end-user.	2. An economic operator making a detergent available on the market directly to an end-user in a refill format shall provide the physical label and the data carrier through which the digital label is accessible to the end-user.

Amendment 82

Proposal for a regulation

Article 15 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) a type number, batch number or other element allowing their identification;	(a) a type number, model number, batch number or other element allowing their identification;

Amendment 83

Proposal for a regulation

Article 15 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) the manufacturer’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;	(b) the manufacturer’s name and, where relevant, the manufacturer’s authorised representative’s name, registered trade name or registered trade mark, 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;

Amendment 84

Proposal for a regulation

Article 15 – paragraph 5

Text proposed by the Commission	Amendment
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. The label shall be accessible for inspection purposes where the detergent or surfactant is made available on the market.	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 and shall comply with the requirements set out in Section 1.2.1.4 and 1.2.1.5 of Part 1 of Annex I to Regulation (EC) No 1272/2008. The label shall be accessible for inspection purposes where the detergent or surfactant is made available on the market.

Amendment 85

Proposal for a regulation

Article 15 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. Without prejudice to Directive .../… [Directive of the European Parliament and of the Council on substantiation and communication of explicit environmental claims (Green Claims Directive)COM/2023/166 final], the label of detergents and surfactants may report the fact that no animal tests have been carried out only if the manufacturer and its suppliers, where this information can be identified by the manufacturer with all reasonable efforts, 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 report 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.

Amendment 86

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) on a physical label;	(a) on a physical label or;

Amendment 87

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
By way of derogation from point (b) of the first subparagraph, the labelling elements set out in part C of Annex V do not have to be duplicated on the physical label. In addition, 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.	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.

Amendment 88

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission	Amendment
2. By way of derogation from paragraph 1, where detergents are made available on the market directly to an end-user in a refill format, the label elements set out in Article 15(3) and (4) may be provided in a digital label only, with the exception of dosage information for consumer laundry detergents as set out in point 1 and 2 of part B of Annex V, which needs to be provided also on a physical label.	2. Where detergents are made available on the market directly to an end-user in a refill format, the operator shall ensure that the label elements set out in Article 15(2), (3) and (4) are affixed to the packaging.

Amendment 89

Proposal for a regulation

Article 17 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the information on the digital label shall be searchable;	(b) the information on the digital label shall be easily searchable;

Amendment 90

Proposal for a regulation

Article 17 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) the information on the digital label shall be presented in a way that addresses the needs of vulnerable groups and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;	(e) the information on the digital label shall be presented in a format that addresses the needs of vulnerable groups, including persons with disabilities, and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;

Amendment 91

Proposal for a regulation

Article 17 – paragraph 1 – point i

Text proposed by the Commission	Amendment
(i) the information on the digital label shall be accessible via the data carrier.	(i) the information on the digital label shall be easily accessible via the data carrier.

Amendment 92

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
The data carrier shall be physically present on the detergent or surfactant, their packaging or the documentation accompanying them.	The data carrier shall be physically, indelibly, visibly and legibly present on the detergent or surfactant, their packaging or the documentation accompanying them, in a way that allows it to be processed automatically by digital devices.

Amendment 93

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission	Amendment
3. Where economic operators provide a digital label, the data carrier shall be accompanied by the statement ‘More comprehensive information on the product is available online’ or by a similar statement.	3. Where economic operators provide a digital label, the data carrier shall be accompanied by the statement ‘Please scan for more comprehensive information on the product’ or by a similar statement.

Amendment 94

Proposal for a regulation

Article 17 – paragraph 4

Text proposed by the Commission	Amendment
4. Economic operators providing a digital label shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the digital label online.	4. Economic operators shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the digital label online.

Amendment 95

Proposal for a regulation

Article 17 – paragraph 5 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
Economic operators providing a digital label shall provide the information present in the digital label by other means in any of the following cases:	Economic operators shall provide the information present in the digital label by other means and free of charge in any of the following cases:

Amendment 96

Proposal for a regulation

Article 18 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	This obligation shall apply 18 months from the entry into force of the implementing act adopted in accordance with paragraph 9.

Amendment 97

Proposal for a regulation

Article 18 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) it shall correspond to a specific batch of the detergent or surfactant;	(a) it shall correspond to a specific model, that shall be updated when changes are made to the list of ingredients, or where appropriate, to a specific batch of the detergent or surfactant;

Amendment 98

Proposal for a regulation

Article 18 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) it shall be up-to date;	(d) it shall be up-to-date, accurate and complete;

Amendment 99

Proposal for a regulation

Article 18 – paragraph 2 – point f

Text proposed by the Commission	Amendment
(f) it shall be accessible to end-users, market surveillance authorities, customs authorities, the Commission and other economic operators;	(f) it shall be easily accessible to customers, end-users, manufacturers, importers, distributors, competent national authorities, market surveillance authorities, customs authorities, the Commission, other economic operators and other relevant stakeholders, such as civil society organisations and researchers;

Amendment 100

Proposal for a regulation

Article 18 – paragraph 2 – point i

Text proposed by the Commission	Amendment
(i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 8.	(i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 9.

Amendment 101

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
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 8.	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.

Amendment 102

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales.	The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales on the main page of the online product page.

Amendment 103

Proposal for a regulation

Article 18 – paragraph 9 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission shall adopt an implementing act determining the specific and technical requirements related to the product passport for detergents and surfactants. Those requirements shall set out at least the following:	By ... [12 months from the entry into force of this Regulation], the Commission shall adopt an implementing act determining the specific and technical requirements related to the product passport for detergents and surfactants. Those requirements shall set out at least the following:

Amendment 104

Proposal for a regulation

Article 19 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) all information included in the product passport shall be based on open standards developed with an interoperable format and shall be machine readable, structured and searchable;	(b) all information included in the product passport shall be based on open standards developed with an interoperable format and shall be, where appropriate, machine readable, structured, searchable, and transferable through an open interoperable data exchange network without vender lock-in;

Amendment 105

Proposal for a regulation

Article 19 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) product passports shall be designed and operated in a user-friendly way;

Amendment 106

Proposal for a regulation

Article 19 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) end-users, economic operators and other relevant actors shall have access to the product passport free of charge;	(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 existing users;

Amendment 107

Proposal for a regulation

Article 19 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) the data included in the product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf;	(d) the data included in the product passport shall be stored and updated by the economic operator responsible for its creation or by operators authorised to act on their behalf;

Amendment 108

Proposal for a regulation

Article 22 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a detergent or surfactant presents a risk to health or the environment, they shall carry out an evaluation in relation to the detergent or surfactant concerned covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.	1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a detergent or surfactant presents a risk to health, safety or the environment, they shall carry out an evaluation in relation to the detergent or surfactant concerned covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.

Amendment 109

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission	Amendment
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 commensurate with the nature of the risk referred to in paragraph 1.	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 laid down by the market surveillance authorities and which is commensurate with the nature of the risk referred to in paragraph 1.

Amendment 110

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission	Amendment
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 which is commensurate with the nature of that risk.	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 laid down by the market surveillance authorities and which is commensurate with the nature of that risk.

Amendment 111

Proposal for a regulation

Article 24 – paragraph 4 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	On duly justified imperative grounds of urgency relating to the protection of health or the environment, the Commission shall adopt an implementing act, in accordance with the procedure referred to in Article 28(2a), and ensure that such implementing act is immediately applicable.

Amendment 112

Proposal for a regulation

Article 25 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the CE marking has been affixed in violation of Article 14 or not affixed at all;	deleted

Amendment 113

Proposal for a regulation

Article 25 – paragraph 1 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) any other administrative obligation provided for in this Regulation is not fulfilled.

Amendment 114

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex VI, as regards the information to be provided in the product passport, for the purposes of adapting it to technical and scientific progress and to the level of digital readiness of market surveillance authorities and of end-users.	1. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex VI, as regards the information to be provided in the product passport, for the purposes of adapting it to technical and scientific progress and to the level of digital readiness of market surveillance authorities and of end-users, taking into account the applicable Union law on the protection of undisclosed business information and on public access to environmental information.

Amendment 115

Proposal for a regulation

Article 26 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6a. Where Commission Regulation (EC) 440/20081aprovides 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.
	_________________
	1a Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1, ELI: http://data.europa.eu/eli/reg/2008/440/oj).

Amendment 116

Proposal for a regulation

Article 26 – paragraph 6 b (new)

Text proposed by the Commission	Amendment
	6b. 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.

Amendment 117

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/20111a, in conjunction with Article 5 thereof, shall apply.
	____________________
	1a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 118

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the Commission	Amendment
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. Member States shall, without delay, notify the Commission of those measures and of any subsequent amendment affecting them.	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 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.

Amendment 119

Proposal for a regulation

Article 29 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	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.

Amendment 120

Proposal for a regulation

Article 31 – paragraph 1

Text proposed by the Commission	Amendment
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 how this Regulation is achieving its objectives, including an assessment on the impact on small and medium-sized enterprises.	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 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.
	The report shall be accompanied, where appropriate, by a legislative proposal.

Amendment 121

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission	Amendment
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 as well as the possibility to include new micro-organisms or strains of micro-organisms allowed in detergents in Annex II.	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.

Amendment 122

Proposal for a regulation

Article 32 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	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.

Amendment 123

Proposal for a regulation

Article 32 a (new)

Text proposed by the Commission	Amendment
	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.

Amendment 124

Proposal for a regulation

Annex II – point 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) shall have an American Type Culture Collection (ATCC) number, 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);	(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) ;

Amendment 125

Proposal for a regulation

Annex II – point 2 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) Pseudomonas aeruginosa, test method ISO 22717:2015;

Amendment 126

Proposal for a regulation

Annex II – point 2 – point e b (new)

Text proposed by the Commission	Amendment
	(eb) Candida albicans, test method ISO 18416:2015;

Amendment 127

Proposal for a regulation

Annex II – point 2 – point e c (new)

Text proposed by the Commission	Amendment
	(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).

Amendment 128

Proposal for a regulation

Annex II – point 5

Text proposed by the Commission	Amendment
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 4833-1:2014.	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.

Amendment 129

Proposal for a regulation

Annex II – point 6

Text proposed by the Commission	Amendment
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 4833-1:2014.	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.

Amendment 130

Proposal for a regulation

Annex II – point 7

Text proposed by the Commission	Amendment
7. Micro-organisms contained in detergents that are placed on the market in a spray format shall pass the acute inhalation toxicity test in accordance with the test method B.2., described in Part B of the Annex to Regulation (EC) No 440/2008.	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).

Amendment 131

Proposal for a regulation

Annex II – point 9

Text proposed by the Commission	Amendment
9. All claims made by the manufacturer regarding the actions of the micro-organisms contained in the product shall be supported by third-party testing.	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.

Amendment 132

Proposal for a regulation

Annex III – table

Text proposed by the Commission
Detergent	Limitations
Consumer laundry detergents	Shall not be placed on the market if the total content of phosphorus is equal to or greater than 0,5 grams in the recommended quantity of the detergent to be used in the main cycle of the washing process for a standard washing machine load as defined in Part B of Annex V for hard water: for ‘normally soiled’ fabrics in the case of heavy-duty detergents, for ‘lightly soiled’ fabrics in the case of detergents for delicate fabrics.
Consumer automatic dishwasher detergents	Shall not be placed on the market if the total content of phosphorus is equal to or greater than 0,3 grams in the standard dosage as defined in Part B of Annex V.

Amendment
Detergent	Limitations
Consumer laundry detergents	1. Shall not be placed on the market if the total content of phosphorus is equal to or greater than 0,5 grams in the recommended quantity of the detergent to be used in the main cycle of the washing process for a standard washing machine load as defined in Part B of Annex V for hard water: - for ‘normally soiled’ fabrics in the case of heavy-duty detergents, - for ‘lightly soiled’ fabrics in the case of detergents for delicate fabrics. 2. Shall not contain phosphate. 3. Shall not be placed on the market if by ....[4 years from entry into force of this Regulation] the total content of phosphorus is equal to or greater than - 0, 1g for ‘lightly soiled’ fabrics in the case of light-duty detergents, - 0, 25g for ‘normally soiled’ fabrics in the case of heavy-duty detergents, - 0, 045 g for stain-removers used as in-wash, - 0, 023 g for stain removers used as pre-treatment, in the recommended quantity of the detergent to be used in the main cycle of the washing process for a standard washing machine load as defined in Part B of Annex V.
Consumer automatic dishwasher detergents	1. Shall not be placed on the market if the total content of phosphorus is equal to or greater than 0,3 grams in the standard dosage as defined in Part B of Annex V. 2. Shall not contain phospohate. 3. Shall not be placed on the market if by .... [4 years from entry into force of this Regulation] the total content of phosphorus is equal to or greater than - 0, 2 g/wash in dishwasher detergents, - 0, 03g/wash in rinse aids.
Consumer hand dishwashing detergents	Shall not contain phosphate and other phosphorus content by .... [4 years from entry into force of this Regulation].
Consumer hard surface cleaners	1. Shall not contain phosphate. 2. All-purpose cleaners and window cleaners shall not contain phosphorus content by .... [4 years from entry into force of this Regulation]. 3. Kitchen cleaners and sanitary cleaners shall not be placed on the market if the total content of phosphorus is equal to or greater than: 2 g/l of cleaning solution by .... [4 years from entry into force of this Regulation] and 1 g/l of cleaning solution by .... [7 years from entry into force of this Regulation].
Industrial and institutional laundry detergents	Shall not be placed on the market if by .... [4 years from entry into force of this Regulation] the total content of phosphorus is equal to or greater than 0, 5 g/kg of laundry for light soil; 1 g/kg of laundry for medium soil; 1, 5 g/kg of laundry for heavy soil.
Industrial and institutional dishwasher detergents	Shall not be placed on the market if by .... [7 years from entry into force of this Regulation] the total phosphorus content is equal to or greater than - for dishwasher detergents and multi-component systems: -- 0, 3 g/l of washing solution for soft water; -- 0, 4g/l of washing solution for medium water; -- 0, 75g/l of washing solution for hard water. - for pre-soaks 1g/l of washing solution; - for rinse aids 0,02 g/l of washing solution.

Amendment 133

Proposal for a regulation

Annex V – Part A – point 1 – point c

Text proposed by the Commission	Amendment
(c) anionic surfactants,	(c) surfactants,

Amendment 134

Proposal for a regulation

Annex V – Part A – point 1 – point d

Text proposed by the Commission	Amendment
(d) cationic surfactants,	deleted

Amendment 135

Proposal for a regulation

Annex V – Part A – point 1 – point e

Text proposed by the Commission	Amendment
(e) amphoteric surfactants,	deleted

Amendment 136

Proposal for a regulation

Annex V – Part A – point 1 – point f

Text proposed by the Commission	Amendment
(f) non-ionic surfactants,	deleted

Amendment 137

Proposal for a regulation

Annex V – Part A – point 3 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	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.

Amendment 138

Proposal for a regulation

Annex V – Part B – point 1 – point a

Text proposed by the Commission	Amendment
(a) the recommended quantities and/or dosage instructions expressed in millilitres or grams 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,	(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,

Amendment 139

Proposal for a regulation

Annex V – Part B – point 1 – point c

Text proposed by the Commission	Amendment
(c) the capacity of any measuring cup, if provided, shall be indicated in millilitres or grams, and markings shall be provided to indicate the dose of detergent appropriate for a standard washing machine load for soft, medium and hard water hardness levels,	(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,

Amendment 140

Proposal for a regulation

Annex V – Part B – point 1 – point c a (new)

Text proposed by the Commission	Amendment
	(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.

Amendment 141

Proposal for a regulation

Annex V – Part B – point 3

Text proposed by the Commission	Amendment
3. The label of consumer automatic dishwasher detergents shall indicate the standard dosage expressed in grams or millilitres or number of tablets 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.	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.

Amendment 142

Proposal for a regulation

Annex V – Part C

Text proposed by the Commission	Amendment
C – DIGITAL LABELLING	deleted
The following content information referred to in part A, may be provided on the digital label only, in accordance with Article 16(1), second subparagraph, in the manner specified in that part:
(a) anionic surfactants;
(b) cationic surfactants;
(c) amphoteric surfactants;
(d) non-ionic surfactants;
(e) phosphates;
(f) phosphonates;
(g) soap.

Amendment 143

Proposal for a regulation

Annex V – Part D – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the recommended quantities based on medium/average water hardness and different degrees of fabric soiling; and	(b) the recommended quantities based on medium water hardness and different degrees of fabric soiling; and

Amendment 144

Proposal for a regulation

Annex V – Part D – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	Points (1)(c) and (d) of Part B shall also apply where the simplified dosage information is provided.

Amendment 145

Proposal for a regulation

Annex VI – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the name, the address of the manufacturer or the manufacturer’s authorised representative as well the manufacturer’s unique operator identifier;	(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;

Amendment 146

Proposal for a regulation

Annex VI – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) a full list of substances intentionally added in the detergent or surfactant and of preservatives labelled in accordance with part A, point 3, first subparagraph, point (b), of Annex V, 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.	(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.

Amendment 147

Proposal for a regulation

Annex VI – paragraph 1 – point f a (new)

Text proposed by the Commission	Amendment
	(fa) the technical documentation and results of the conformity assessment procedure referred to in Article 7(2);

Amendment 148

Proposal for a regulation

Annex VI – paragraph 1 – point f b (new)

Text proposed by the Commission	Amendment
	(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;

Amendment 149

Proposal for a regulation

Annex VI – paragraph 1 – point f c (new)

Text proposed by the Commission	Amendment
	(fc) where applicable, a link to the digital label referred to in Article 16(1).

Amendment 150

Proposal for a regulation

Annex VI – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	The information referred to in point (fa) shall only be available to market surveillance authorities of the Member States and the Commission.

EXPLANATORY STATEMENT

As an essential product of every-day use, the detergents sector is a key pillar for the implementation of the European Green Deal. The manufacturing of detergents secures jobs in Europe and provides consumers with high-quality products. Many companies have already shown that there can be a market for innovative, safe, clean, sustainable and circular products. However, today, market forces and policies do not provide sufficient support for these European frontrunners. There is an obvious and urgent need for more innovation and competition in sustainable detergents in Europe. The Detergents Regulation has so far failed to address this need.

Therefore the Rapporteur welcomes the proposal by the European Commission for a revision for more innovation, as the inclusion of microbial cleaning products in the scope of the Regulation and the streamlining of information requirements for clearer consumer information, in particular with respect to overlaps with other Union legislation. The Rapporteur also welcomes the proposal for the refill sale of detergents in order to reduce the amount of packaging placed on the market.

However, the Rapporteur also finds that further measures are needed to reach the objectives of the protection of consumers, the environment and animals as well as a European climate neutral, toxic-free and safe circular economy. To this end, the Rapporteur proposes a number of amendments in order to create new opportunities to promote sustainability and increase competition and innovation in sustainable detergents on the European market.

Biodegradability of detergents

With regard to the objective of protecting health and the environment, full 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. While the rapporteur appreciates that certain derogations have been removed from biodegradability criteria, the Commission’s proposal falls short of providing for all detergents to be fully biodegradable. The rapporteur therefore proposes to make all detergents inherently biodegradable, as large European manufacturers have already committed to achieve this. European legislation should not fall behind, but should instead provide incentives for other manufacturers to follow suit and to provide for a level playing field.

Phosphates and phosphorus content

Phosphates 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.

Hazardous substances

The Commission’s Chemicals Strategy for Sustainability clearly spelled out a goal of safe and sustainable products for a toxic-free environment. It provided for concrete measures to tackle the most hazardous substances in consumer products. In particular, the Strategy establishes that the generic approach to risk management will be extended to ensure that consumer products – including, among other things, detergents – do not contain chemicals that cause cancers, gene mutations, affect the reproductive or the endocrine system, or are persistent and bioaccumulative.

The Chemicals Strategy was widely welcomed by stakeholders including industry and civil society and the European Parliament. The Parliament has on numerous occasions asked for stricter protection of consumers from hazardous chemicals. The rapporteur therefore proposes to implement the Chemicals Strategy in the Detergents Regulation by prohibiting the use of certain hazardous substances, unless they are technically necessary.

Better consumer information

The rapporteur believes citizens should be able to make informed decisions while purchasing a product. Therefore products should bear legible, clear and easily understandable labels with the most important information directly on the product. The same should apply to refill products. The proposal by the Commission would need to be amended to ensure consumers are informed of all ingredients, and in particular allergenic substances in physical form, with digital labels providing additional information where necessary.

The environmental impact of detergents grows with the amount of detergents consumed. It is therefore important to avoid overconsumption, a key driver of allergies and pollution of this sector. It should be made easier for consumers to use the right dosage, in particular for laundry detergents. The simplification proposed by the Commission is a good first step, but in order to improve consumer information the rapporteur envisages much clearer and better visible measuring indications on the lid of the product and measuring device.

Only supplementary information should be available in a digital format only. The digital option should only be seen as a complementary tool and never as the only tool to enable informed consumer choice.

Animal Testing

The 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. In addition, in 2021 the European Parliament voted a Joint Motion for a Resolution on plans and actions to accelerate the transition to innovation without the use of animals in research, regulatory testing and education.

Therefore, the proposal of the Commission to mandate animal testing for acute toxicity for detergents containing microorganisms is clearly against the position not only of our citizens, but also of industry stakeholders that clearly oppose the demand for animal testing on microorganisms used in spray form as unnecessary. This is also in conflict with the animal protection commitments of industry and European legislators, considering that the Commission has on multiple occasions expressed its commitment to use animal testing as a last resort.

Moreover, in vivo tests are not suitable for determining the risk to consumers of inhaling aerosols containing micro-organisms and would be an unnecessary use of animals. Consequently, the acute inhalation toxicity test for microbial cleaner sprays should be able to be replaced by alternative new approach methodologies (NAMs), which are more appropriate methods to address potential safety concerns. Such alternative risk-based approaches use benchmarks known to be safe for consumers based on data derived from human data and therefore better reflect the impact on humans directly.

Alignment with ESPR

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

24.1.2024

OPINION OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a regulation of the European Parliament and of the Council on Detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004

(COM(2023)0217 – C90154/2023 – 2023/0124(COD))

Rapporteur for opinion: Maria da Graça Carvalho

EXPLANATORY STATEMENT

Introduction

Detergents are a part of everyday life for all Union citizens. Given the weaknesses identified in the 2019 evaluation of the Detergents Regulation, and the fact that a coherent and stable regulatory framework is essential to accelerate the green and digital transitions, the Rapporteur welcomes the Commission’s proposal for a Regulation of the European Parliament and of the Council on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing Regulation (EC) No 648/2004.

The rapporteur, considering the shared and exclusive competences of the IMCO Committee, tabled amendments focusing primarily in three different areas: CE Marking, Digital Product Passport and Digital Labelling.

The rapporteur has drafted this Opinion having regard to five major guiding principles: consumer protection, reduction of administrative burden/bureaucracy, simplification of requirements, transparency and fostering innovation.

1) CE Marking

The CE marking is a tool designed to demonstrate conformity with applicable rules. According to those rules, conformity assessments and declarations of compliance with EU legislation are responsibilities of the manufacturers, without prior examination by the competent authorities. Furthermore, the digital product passport will be the tool by which manufacturers demonstrate compliance with the requirements of this Regulation. Considering these facts, the rapporteur believes that the CE marking would not add value to the product and it would not protect consumers, leading instead to more bureaucracy, increasing the administrative burden and duplicating compliance procedures. Consequently, the rapporteur has proposed to delete it.

2) Digital Product Passport

The Commission’s intention is to create a Digital Product Passport (DPP) for each batch. However, in order to ensure more efficiency and reduce the administrative burden, the rapporteur proposes instead that the DPP should be specific to each product model. Nevertheless, the rapporteur also proposes the possibility of a new product passport for a particular batch, namely if the product formulation or composition has changed.

The rapporteur further proposes that the DPP should coexist harmoniously, through synergies, with other product passports provided for in other legislation, by having a single digital product passport that combines the different elements required by the different pieces of Union legislation.

3) Digital Labelling

In order to protect consumers, the rapporteur proposes a hybrid labelling system, which includes a physical label and a digital label in order to increase readability and ensure simplification of the label. The physical label shall include information on dosage, health and safety information and information about the manufacturer, in a simpler and legible way, while the digital label shall include all the other relevant information. Instead of having overcrowded labels that are difficult to read, the rapporteur aims for an increased understanding, readability, accessibility, and improved effectiveness of the communication of safety and use information regarding end-users.

The rapporteur understands that both the digital label and the digital product passport shall be accessed through the same data carrier.

AMENDMENTS

The Committee on the Internal Market and Consumer Protection calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the Union market detergents and surfactants which are in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain.	(14) All economic operators intervening in the supply and distribution chain should take appropriate and effective measures to ensure that they only make available on the Union market detergents and surfactants which are in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain.

Amendment 2

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) To facilitate compliance of the manufacturers with their obligations under this Regulation, manufacturers established in the Union should be allowed to appoint an authorised representative to carry out specific tasks on their behalf. Moreover, to ensure a clear and proportionate distribution of responsibilities between the manufacturer and the authorised representative it is necessary to set out the list of tasks that manufacturers should be allowed to entrust the authorised representative with. Further, to ensure the enforceability and effectiveness of the market surveillance requirements and that only compliant detergents and surfactants are placed on the Union market, the appointment of an authorised representative should be mandatory when the manufacturer is established outside of the Union.	(17) To facilitate compliance of the manufacturers with their obligations under this Regulation, manufacturers established in the Union should be allowed to appoint an authorised representative to carry out specific tasks on their behalf. Such an appointment should be valid only when accepted in writing by the authorised representative. Moreover, to ensure a clear and proportionate distribution of responsibilities between the manufacturer and the authorised representative it is necessary to set out the list of tasks that manufacturers should be allowed to entrust the authorised representative with. Further, to ensure the enforceability and effectiveness of the market surveillance requirements and that only compliant detergents and surfactants are placed on the Union market, the appointment of an authorised representative should be mandatory when the manufacturer is established outside of the Union.

Amendment 3

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) In order to safeguard the functioning of the internal market and to ensure that the objective of providing a high level of protection of health and the environment is achieved, it is necessary to establish that detergents and surfactants from third countries entering the Union market also comply with this Regulation. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. It is also necessary to lay down rules for importers to ensure that the detergents and surfactants they place on the market comply with those requirements and that the documentation drawn up by manufacturers and, where relevant, the CE marking are available for inspection by the competent national authorities. Provision should also be made for importers to ensure that a product passport is available for those products.	(19) In order to safeguard the functioning of the internal market and to ensure that the objective of providing a high level of protection of health and the environment is achieved, it is necessary to establish that detergents and surfactants from third countries entering the Union market also comply with this Regulation. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. It is also necessary to lay down rules for importers to ensure that the detergents and surfactants they place on the market comply with those requirements and that the documentation drawn up by manufacturers are available for inspection by the competent national authorities. Provision should also be made for importers to ensure that a product passport is available for those products.

Amendment 4

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(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 postal address and, where available, electronic means of communication through which they can be contacted.	(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 postal address and email address.

Amendment 5

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) Since distributors and importers are close to the marketplace and have an important role in ensuring product compliance, they should be involved in market surveillance tasks carried out by the competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the detergent or surfactant concerned.	(22) Since distributors and importers are close to the marketplace and have an important role in ensuring product compliance, they should be involved in market surveillance tasks carried out by the competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the conformity of the detergent or surfactant concerned, subject to a reasoned request from a competent national authority that is clear and specifically related to a detergent that a distributor has made available on the market.

Amendment 6

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) The CE marking, indicating the conformity of a detergent with this Regulation, is the visible consequence of a whole process comprising conformity assessment in a broad sense. Regulation (EC) No 765/2008 of the European Parliament and of the Council36 lays down the general principles of the CE marking. That Regulation should be applicable to detergents covered by this Regulation in order to ensure that products benefiting from the free movement of goods within the Union fulfil requirements providing a high level of protection of public interests such as health and the environment. In line with Regulation (EC) No 765/2008, the CE marking should be the only marking of conformity indicating that the detergent is in conformity with Union harmonisation legislation.	deleted
__________________
36 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

Amendment 7

Proposal for a regulation

Recital 26

Text proposed by the Commission	Amendment
(26) Labels communicate important use and safety information to users, such as the presence of skin or respiratory sensitisers (e.g. allergenic fragrances, preservatives or enzymes) in detergents and surfactants. By providing information on the content of those substances on the labels of detergents and surfactants, it is possible for users with allergies or allergic predispositions to make informed choices, and potential reactions related to the use of detergents and surfactants are thus reduced. It is therefore necessary to establish labelling requirements for detergents and surfactants.	(26) Labels communicate important use, health and safety information to users, such as the presence of skin or respiratory sensitisers (e.g. allergenic fragrances, preservatives or enzymes) in detergents and surfactants. By providing information on the content of those substances on the labels of detergents and surfactants, it is possible for users with allergies or allergic predispositions to make informed choices, and potential reactions related to the use of detergents and surfactants are thus reduced. It is therefore necessary to establish labelling requirements for detergents and surfactants.

Amendment 8

Proposal for a regulation

Recital 30

Text proposed by the Commission	Amendment
(30) Information on the correct amount of detergent that consumers need to use when undertaking cleaning activities, namely, dosage information, should be included on the label of consumer laundry and consumer automatic dishwasher detergents in order to prevent the potential over-use of detergents thus reducing the total amount of detergent and surfactant entering the environment.	(30) Information on the correct amount of detergent that consumers need to use when undertaking cleaning activities, namely, dosage information, should be included on the label of consumer laundry and consumer automatic dishwasher detergents in order to prevent the over-use of detergents thus reducing the total amount of detergent and surfactant entering the environment.

Amendment 9

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission	Amendment
	(30 a) To ensure that the language used on packaging can be easily understood by end-users, Member States could use the same requirements as laid down in Article 13 of Regulation (EU) No 1169/2011 on provision of food information to consumers.

Amendment 10

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) Digital labelling could improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. Providing digital labels could also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information, reducing labelling costs and permitting a more targeted information of users. Therefore, economic operators should be allowed to provide certain labelling information only through the digital label subject to certain conditions to ensure a high level of protection of detergents’ users.	(31) Digital labelling could improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. Providing digital labels could also lead to a more efficient management of the labelling obligations by economic operators, especially SMEs, by creating a simpler framework, facilitating the update of labelling information, reducing labelling costs and permitting a more targeted information of users. Therefore, economic operators should be allowed to provide certain labelling information through the digital label subject to certain conditions to ensure a high level of protection of detergents’ users, while ensuring that elements regarding health and safety remain in the physical label.

Amendment 11

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31 a) Digital labelling could increase readability, ease of use and comprehension of labels for consumers, including vulnerable and visually impaired consumers.

Amendment 12

Proposal for a regulation

Recital 32

Text proposed by the Commission	Amendment
(32) To avoid imposing an unnecessary administrative burden for economic operators and since, in most cases, the digital label is only complementary to the physical one, economic operators should be able to decide whether to use digital labels or provide all the information on a physical label only. The choice to provide a digital label should rest with manufacturers and importers, who are responsible for providing the accurate set of labelling information.	(32) To avoid imposing an unnecessary administrative burden for economic operators, especially for small and medium-sized enterprises, the simplification of the labelling requirements under this Regulation would be beneficial for the industry and end-users.

Amendment 13

Proposal for a regulation

Recital 33

Text proposed by the Commission	Amendment
(33) Digital labelling could also create challenges for the vulnerable population groups with no or insufficient digital skills and lead to an accentuation of the digital divide. For this reason, the specific information to be provided only in a digital label should reflect the current state of the digitalisation of the society and the particular situation of detergents users. In addition, all the labelling information concerning the protection of health and the environment, as well as minimum use instructions of detergents, should remain on the physical label, to enable all end-users to make informed choices before buying the detergent and to ensure its safe handling.	(33) Digital labelling could also create challenges for the vulnerable population groups with no or insufficient digital skills and lead to an accentuation of the digital divide. Different levels of digitalization in the Member States should also be taken into account. For this reason, the specific information to be provided on a digital label should reflect the current state of the digitalisation of the society and the particular situation of detergents users. Digital labels should always have one additional option for end users with insufficient digital skills, such as an AI voice assistant reading out the label. In addition, all the labelling information concerning the protection of health and the environment, including on the existence of allergens, as well as minimum use instructions of detergents, should remain on the physical label, to enable all end-users to make informed choices before buying the detergent and to ensure its safe handling.

Amendment 14

Proposal for a regulation

Recital 34

Text proposed by the Commission	Amendment
(34) An exception should, nevertheless, be made for detergents sold to end-users in a refill format. In order to fully reap not only the benefits offered by digitalisation but also the large environmental benefits in terms of reduction of packaging and related packaging waste that the practice of refill sales offers, it should be permitted to provide all labelling information digitally with the exception of dosage instructions for consumer laundry detergents.	(34) In order to fully reap not only the benefits offered by digitalisation but also the large environmental benefits in terms of reduction of packaging and related packaging waste that the practice of refill sales offers, manufacturers should be responsible for providing the leaflet or sticker with the labelling information while the retailer should be responsible for handing out this leaflet to the consumer or for affixing the sticker on the refilled bottle.

Amendment 15

Proposal for a regulation

Recital 35

Text proposed by the Commission	Amendment
(35) To ensure a level playing field among economic operators making available detergents on the market, and to protect end-users, general requirements for digital labelling should be laid down. For example, economic operators should ensure free and easy access to digital labels and that mandatory labelling information requested under this Regulation is separated from other information.	(35) To ensure a level playing field among economic operators making available detergents on the market, and to protect end-users, general requirements for digital labelling should be laid down. For example, economic operators should ensure free and easy access to digital labels, available in maximum two buttons or clicks, and that mandatory labelling information requested under this Regulation is separated from other information.

Amendment 16

Proposal for a regulation

Recital 36

Text proposed by the Commission	Amendment
(36) Given the current development of the digital skills, economic operators should also provide the labelling information by alternative means to end-users when they cannot access the digital label. This obligation should be imposed as a safety measure to reduce any potential risks by the unavailability of the labelling information, in particular as regards refilled detergents, where all the information may be provided in a digital label.	(36) Given the current development of the digital skills, economic operators should also provide the labelling information by alternative means to end-users when they cannot access the digital label. This obligation should be imposed as a safety measure to reduce any potential risks by the unavailability of the labelling information, in particular as regards refilled detergents.

Amendment 17

Proposal for a regulation

Recital 39 a (new)

Text proposed by the Commission	Amendment
	(39 a) To avoid costs to companies and the public that are disproportionate to the wider benefits, the product passport should, as a default, be specific to the product model which includes a combination of the product name along with the unique formula of the detergent. Where there are changes to the formula or when there are compositional differences according to the batch, the product passport should be specific to the batch.

Amendment 18

Proposal for a regulation

Recital 43

Text proposed by the Commission	Amendment
(43) When other Union legislation applicable to detergents or surfactants requires a product passport, a single product passport should be available for detergents and surfactants containing the information required under this Regulation and the other Union legislation.	(43) When other Union legislation applicable to detergents or surfactants requires a product passport, a single product passport should be available for detergents and surfactants containing the information required under this Regulation and the other Union legislation. Furthermore, the requirements for the technical design of the product passport for detergents and surfactants should be compatible with separate technical design criteria foreseen in other EU legislation.

Amendment 19

Proposal for a regulation

Recital 44

Text proposed by the Commission	Amendment
(44) It is crucial to make clear to both manufacturers and users that by creating the product passport for detergent or surfactant and, where relevant, by affixing the CE marking, the manufacturer declares that the detergent or surfactant is in conformity with all applicable requirements and that the manufacturer takes full responsibility thereof.	(44) It is crucial to make clear to both manufacturers and users that by creating the product passport for detergent or surfactant the manufacturer declares that the detergent or surfactant is in conformity with all applicable requirements and that the manufacturer takes full responsibility thereof.

Amendment 20

Proposal for a regulation

Recital 45

Text proposed by the Commission	Amendment
(45) Where certain information is provided only digitally, it is necessary to clarify that this information needs to be provided separately and clearly distinguished from each other but through a single data carrier. This will facilitate the work of market surveillance authorities but also provide clarity to end users regarding the different pieces of information that are available to them in a digital format.	(45) Where certain information is provided digitally, it is necessary to clarify that this information needs to be provided separately and clearly distinguished from each other but through a single data carrier. This will facilitate the work of market surveillance authorities but also provide clarity to end users regarding the different pieces of information that are available to them in a digital format.

Amendment 21

Proposal for a regulation

Recital 62

Text proposed by the Commission	Amendment
(62) This Regulation introduces the possibility of providing all or part of the mandatory labelling requirements only in digital labels in certain situations and requires the creation of a digital product passport for detergents and surfactants. It is, therefore, necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, for Member States to set up the administrative infrastructure necessary for its application and for the Commission to prepare the implementation of the product passport’s technical requirements. Consequently, the application of this Regulation should be deferred to a date where those preparations can reasonably be finalised.	(62) This Regulation introduces the possibility of providing part of the mandatory labelling requirements only in digital label and requires the creation of a digital product passport for detergents and surfactants. It is, therefore, necessary to provide for sufficient time for economic operators to comply with their obligations under this Regulation, for Member States to set up the administrative infrastructure necessary for its application and for the Commission to prepare the implementation of the product passport’s technical requirements. Consequently, the application of this Regulation should be deferred to a date where those preparations can reasonably be finalised.

Amendment 22

Proposal for a regulation

Recital 62 a (new)

Text proposed by the Commission	Amendment
	(62 a) In order to ensure coherence between digital labelling and the digital product passport, economic operators that provide digital labelling should only use a single data carrier to access the digital label and the digital product passport, thereby facilitating simple use by the end-user.

Amendment 23

Proposal for a regulation

Article 2 – paragraph 1 – point 13

Text proposed by the Commission	Amendment
(13) ‘making available on the market’ means any supply for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;	(13) ‘making available on the market’ means any supply of a detergent or a surfactant for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge

Amendment 24

Proposal for a regulation

Article 2 – paragraph 1 – point 14

Text proposed by the Commission	Amendment
(14) ‘placing on the market’ means the first making available on the Union market;	(14) ‘placing on the market’ means the first making available of a detergent or a surfactant on the Union market;

Amendment 25

Proposal for a regulation

Article 2 – paragraph 1 – point 16

Text proposed by the Commission	Amendment
(16) ‘authorised representative’ means any natural or legal persons established within the Union that have received a written mandate from a manufacturer to act on their behalf in relation to specified tasks;	(16) ‘authorised representative’ means any natural or legal persons established within the Union that have received a written mandate from a manufacturer to act on their behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;

Amendment 26

Proposal for a regulation

Article 2 – paragraph 1 – point 19

Text proposed by the Commission	Amendment
(19) ‘economic operator’ means the manufacturer, the authorised representative, the importer or the distributor;	(19) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market or putting them into service in accordance with the relevant Union harmonisation legislation and this Regulation;

Amendment 27

Proposal for a regulation

Article 2 – paragraph 1 – point 20

Text proposed by the Commission	Amendment
(20) ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in this Regulation;	(20) ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in in this Regulation and other applicable Union harmonisation legislation and to ensure protection of the public interest covered by this legislation;

Amendment 28

Proposal for a regulation

Article 2 – paragraph 1 – point 21

Text proposed by the Commission	Amendment
(21) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point 4, of Regulation (EU) 2019/1020;	(21) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point 4, of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;

Amendment 29

Proposal for a regulation

Article 2 – paragraph 1 – point 24

Text proposed by the Commission	Amendment
(24) ‘CE marking’ means a marking by which the manufacturer indicates that the detergent is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;	deleted

Amendment 30

Proposal for a regulation

Article 2 – paragraph 1 – point 25

Text proposed by the Commission	Amendment
(25) ‘corrective measure’ means a measure as defined in Article 3, point 16, of Regulation (EU) 2019/1020;	(25) ‘corrective action’ means a measure as defined in Article 3, point 16, of Regulation (EU) 2019/1020;

Amendment 31

Proposal for a regulation

Article 2 – paragraph 1 – point 28

Text proposed by the Commission	Amendment
(28) ‘unique product identifier’ means a unique string of characters that allows the identification of a product and enables a web link to the product passport;	(28) ‘unique product identifier’ means a unique string of characters for the identification of a product that also enables a web link to the product passport;

Amendment 32

Proposal for a regulation

Article 2 – paragraph 1 – point 29

Text proposed by the Commission	Amendment
(29) ‘unique operator identifier’ means a unique string of characters for the identification of economic operators involved in the value chain of products;	(29) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of products;

Amendment 33

Proposal for a regulation

Article 2 – paragraph 1 – point 34 a (new)

Text proposed by the Commission	Amendment
	(34 a) ‘model’ means a specific type of detergent or surfactant, which includes a combination of the product name along with the unique formula, in accordance with the Unique Formula Identifier (UFI), according to Annex VIII to Regulation (EC) No 1272/2008, irrespective of whether a UFI code is required under that regulation.

Amendment 34

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Manufacturers shall draw up the technical documentation referred to in Annex IV and carry out the conformity assessment procedure referred to in that Annex.	Before placing a detergent or surfactant on the market, manufacturers shall carry out an internal risk analysis and draw up the technical documentation referred to in Annex IV and carry out the conformity assessment procedure referred to in that Annex.

Amendment 35

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) where relevant, affix the CE marking in accordance with Article 14,	deleted

Amendment 36

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Manufacturers shall keep the technical documentation and the product passport for 10 years after the detergent or the surfactant covered by that documentation or product passport has been placed on the market.	3. Manufacturers shall draw up and keep up to date the technical documentation and the product passport for 10 years after the detergent or the surfactant covered by that documentation or product passport has been placed on the market.

Amendment 37

Proposal for a regulation

Article 7 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
When deemed appropriate with regard to the performance of, or the risks presented by, a detergent or surfactant, manufacturers shall carry out sample testing of such detergents or surfactants, investigate, and, if necessary, keep a register of complaints, of non-conforming detergents or surfactants and recalls of such detergent or surfactants, and shall keep distributors informed of any such monitoring.	When deemed appropriate and proportionate with regard to the performance of, or the risks presented by, a detergent or surfactant, manufacturers shall carry out sample testing of detergents or surfactants, investigate, and keep an internal register of complaints, of non-conforming detergents or surfactants and recalls of such detergent or surfactants or other corrective measures to bring the detergent or surfactant into conformity, and shall keep distributors informed of any such monitoring. The register shall be available to competent national authorities upon request. The internal register of complaints shall only store those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous detergents or surfactants. Such data shall only be kept as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.

Amendment 38

Proposal for a regulation

Article 7 – paragraph 4 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	Manufacturers shall investigate complaints submitted, and information received on accidents, that concern the safety of products they made available on the market and which have been alleged to be dangerous by the complainant, and shall keep an internal register of those complaints as well as of product recalls and any corrective measures taken to bring the detergent or surfactant into conformity.

Amendment 39

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) when the detergent for which a data sheet has already been requested no longer corresponds to the information included in that datasheet.	(b) when the detergent for which a data sheet has already been provided no longer corresponds to the information included in that datasheet.

Amendment 40

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission	Amendment
7. Manufacturers 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 take the corrective measures necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where manufacturers consider or have reason to believe that a detergent or surfactant which they have placed 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 measures taken.	7. Manufacturers that consider or have reason to believe that a detergent or surfactant which they have placed on the market after the entry into force of this Regulation is not in conformity with this Regulation shall, without undue delay take the corrective action necessary to bring that detergent or surfactant into conformity, to immediately withdraw it or to recall it, as appropriate. Furthermore, where manufacturers consider or have reason to believe that a detergent or surfactant which they have placed 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 action taken.

Amendment 41

Proposal for a regulation

Article 7 – paragraph 7 a (new)

Text proposed by the Commission	Amendment
	7 a. Manufacturers shall upon request share relevant information with relevant economic operators, including distributors, importers and authorised representatives, in the supply chain concerned in a timely manner as regards any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.

Amendment 42

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission	Amendment
8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, 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.	8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in electronic form and, if requested, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in the official language or languages of a Member State from which the authority originates. 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.

Amendment 43

Proposal for a regulation

Article 7 – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8 a. Manufacturers shall make publicly available communication channels, such as a telephone number, an email address or a dedicated section of their website, taking into account the accessibility needs of persons with disabilities, enabling end-users to submit complaints or concerns about potential non-conformity of products or safety issues.

Amendment 44

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. The appointment shall be valid only when accepted in writing by the authorised representative.

Amendment 45

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission	Amendment
2. Where the manufacturer is not established in the Union, the detergent or surfactant may only be placed on the Union market if the manufacturer designates, by a written mandate, an authorised representative.	2. Where the manufacturer is not established in the Union, the detergent or surfactant may only be placed on the Union market if the manufacturer designates, by a written mandate, an authorised representative, prior to making their products available on the Union market.

Amendment 46

Proposal for a regulation

Article 8 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Manufacturers that are not established in the Union, should inform the national competent authorities of the postal address and e-mail address of their authorised representative.

Amendment 47

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The mandate shall allow the authorised representative to do at least the following:	The mandate shall allow the authorised representative to do the following:

Amendment 48

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation;	(c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation, within 20 working days of the receipt of the request and in an official EU language that can be easily understood by that authority;

Amendment 49

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point d

Text proposed by the Commission	Amendment
(d) cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by a detergent or surfactant covered by the authorised representative’s mandate.	(d) cooperate with the competent national authorities, at their request, on any action taken with regard to non-compliance of a detergent or surfactant or to eliminate the risks posed by a detergent or surfactant covered by the authorised representative’s mandate;

Amendment 50

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point e

Text proposed by the Commission	Amendment
(e) terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation.	(e) terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and without undue delay inform the market surveillance authority of the Member State in which the manufacturer is established;

Amendment 51

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point e a (new)

Text proposed by the Commission	Amendment
	(e a) perform other tasks if foreseen in the written mandate;

Amendment 52

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point e b (new)

Text proposed by the Commission	Amendment
	(e b) where the authorised representative considers or has reason to believe that a detergent or a surfactant is dangerous, inform the manufacturer thereof;

Amendment 53

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point e c (new)

Text proposed by the Commission	Amendment
	(e c) where the authorised representative changes, procedures shall be put in place to ensure an effective transfer of the mandate that allows the incoming authorised representative to carry out the tasks of the mandate.

Amendment 54

Proposal for a regulation

Article 8 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. Authorised representatives shall have the appropriate means to be able to fulfil their tasks.

Amendment 55

Proposal for a regulation

Article 9 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the detergent bears the CE marking referred to in Article 14;	deleted

Amendment 56

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission	Amendment
3. 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.	3. 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 without undue delay inform the manufacturer and the market surveillance authorities to that effect.

Amendment 57

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission	Amendment
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.	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. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product. The contact details shall be clear, understandable and legible.

Amendment 58

Proposal for a regulation

Article 9 – paragraph 7

Text proposed by the Commission	Amendment
7. 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.	7. 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 keep an internal 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. Such a register shall be made available to the competent national authorities upon request and within 20 working days of any such request.

Amendment 59

Proposal for a regulation

Article 9 – paragraph 7 a (new)

Text proposed by the Commission	Amendment
	7 a. Importers shall investigate complaints submitted, and information received on accidents, that concern the safety of detergents or surfactants they made available on the market, and file in the register referred to in Article 9 (7a new)), such complaints, as well as any other corrective measures taken to bring the detergent into conformity. Importers shall keep the concerned economic actors informed in a timely manner.

Amendment 60

Proposal for a regulation

Article 9 – paragraph 7 b (new)

Text proposed by the Commission	Amendment
	7 b. The register of complaints shall only store those personal data that are necessary for the importer to investigate the complaint about an alleged dangerous detergent or surfactant. Such data shall only be kept for as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.

Amendment 61

Proposal for a regulation

Article 9 – paragraph 8

Text proposed by the Commission	Amendment
8. 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 take the corrective measures 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 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 measures taken.	8. 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 without undue delay take the corrective action necessary to bring that detergent or surfactant into conformity, to immediately 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 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 action taken.

Amendment 62

Proposal for a regulation

Article 9 – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8 a. Importers shall, upon request from market surveillance authorities, share relevant information with relevant economic operators, including distributors, and authorised representatives, in the supply chain concerned in a timely manner as regards any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.

Amendment 63

Proposal for a regulation

Article 9 – paragraph 10

Text proposed by the Commission	Amendment
10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, 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.	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, upon 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.

Amendment 64

Proposal for a regulation

Article 9 – paragraph 10 a (new)

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

Amendment 65

Proposal for a regulation

Article 10 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the detergent bears the CE marking referred to in Article 14;	deleted

Amendment 66

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. 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.	3. 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 without undue delay inform the manufacturer and, where relevant, the authorised representative or the importer to that effect as well as the market surveillance authorities.

Amendment 67

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission	Amendment
5. 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 sure that the corrective measures 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 measures taken.	5. 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 sure that the corrective action necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate, are immediately 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 action taken.

Amendment 68

Proposal for a regulation

Article 10 – paragraph 6

Text proposed by the Commission	Amendment
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic form, 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.	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. 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.

Amendment 69

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
An 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.	An economic operator other than a manufacturer 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 economic operator 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.

Amendment 70

Proposal for a regulation

Article 14

Text proposed by the Commission	Amendment
Article 14	deleted
Rules and conditions for affixing the CE marking
1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
2.
The CE marking shall be affixed visibly, legibly and indelibly before a detergent is placed on the market.
The 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.
Where, in accordance with Article 16(2), economic operators may provide a digital label only, the CE marking shall be provided on the digital label.
3. 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.

Amendment 71

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission	Amendment
2. An economic operator making a detergent available on the market directly to an end-user in a refill format shall provide the physical label or the data carrier through which the digital label is accessible to the end-user.	2. An economic operator making a detergent available on the market directly to an end-user in a refill format shall provide the physical label and the data carrier through which the digital part of the label is accessible to the end-user.

Amendment 72

Proposal for a regulation

Article 15 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) a type number, batch number or other element allowing their identification;	(a) a type number, model number, batch number where relevant, or other element allowing their identification

Amendment 73

Proposal for a regulation

Article 15 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) the manufacturer’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;	(b) the manufacturer’s and, where relevant, the 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;

Amendment 74

Proposal for a regulation

Article 15 – paragraph 3 – subparagraph 1 – point e

Text proposed by the Commission	Amendment
(e) instructions for use and special precautions, where necessary and relevant.	(e) instructions for use, and health, and safety special precautions, where necessary and relevant.

Amendment 75

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
Where detergents or surfactants are made available on the market, they shall be accompanied by the label elements set out in Article 15(3) and, where applicable, Article 15(4) in the following form:	Where detergents or surfactants are made available on the market, they shall be accompanied by the label elements in the following form:

Amendment 76

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) on a physical label;	(a) a physical label with the elements set out in Article 15(3) points (a), (b), (c) and (e) and, where applicable, the dosage information, as set out in Article 15(4), as well as the criteria foreseen in Annex V Part A (4), on allergenic fragrances, where a warning shall be placed using the common ingredient name; and

Amendment 77

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) on a digital label and duplicated on a physical label.	(b) a digital label with all the elements set out in Article 15 and other relevant information, such as safe disposal ways and best practices.

Amendment 78

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	All information contained in the physical label as outlined in point (a) of the first subparagraph shall be duplicated on the digital label.

Amendment 79

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
By way of derogation from point (b) of the first subparagraph, the labelling elements set out in part C of Annex V do not have to be duplicated on the physical label. In addition, 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.	deleted

Amendment 80

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission	Amendment
2. By way of derogation from paragraph 1, where detergents are made available on the market directly to an end-user in a refill format, the label elements set out in Article 15(3) and (4) may be provided in a digital label only, with the exception of dosage information for consumer laundry detergents as set out in point 1 and 2 of part B of Annex V, which needs to be provided also on a physical label.	2. Where detergents are made available on the market directly to the end-user in a refill format, a leaflet or sticker containing the physical label information referred to in Article 16(1a) shall be provided to the end-user.

Amendment 81

Proposal for a regulation

Article 17 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) all label elements referred to in Article 15(3) and, where applicable, Article 15(4) shall be provided in one place and separated from other information;	(a) all label elements referred to in Article 15(3) in accordance with Article 16(1), shall be provided in one place and separated from other information;

Amendment 82

Proposal for a regulation

Article 17 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the information on the digital label shall be searchable;	(b) the information on the digital label shall be searchable, by the various technological means;

Amendment 83

Proposal for a regulation

Article 17 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the information on the digital label shall be accessible to all users in the Union;	(c) the information on the digital label shall be easily and directly accessible to all users in the Union;

Amendment 84

Proposal for a regulation

Article 17 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) the information on the digital label shall be presented in a way that addresses the needs of vulnerable groups and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;	(e) the information on the digital label shall be presented in a language and a format that addresses the needs of vulnerable groups, including persons with disabilities, and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;

Amendment 85

Proposal for a regulation

Article 17 – paragraph 1 – point h

Text proposed by the Commission	Amendment
(h) the digital label shall remain available for a period of 10 years from the moment the detergent or surfactant is placed 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;	(h) the digital label shall remain available until the expiry date of the detergent or surfactant, or, if the detergent or surfactant does not have an expiry date, for a for a period of 10 years from the moment the detergent or surfactant is placed 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;

Amendment 86

Proposal for a regulation

Article 17 – paragraph 1 – point i

Text proposed by the Commission	Amendment
(i) the information on the digital label shall be accessible via the data carrier.	(i) the information on the digital label shall be easily accessible via the data carrier.

Amendment 87

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
The data carrier shall be physically present on the detergent or surfactant, their packaging or the documentation accompanying them.	The data carrier shall be physically present, in a visible form, on the detergent or surfactant, their packaging or the documentation accompanying them, in a way that allows it to be processed automatically by digital devices.

Amendment 88

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the refill station.	In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the leaflet or sticker.

Amendment 89

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 3

Text proposed by the Commission	Amendment
The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales.	The data carrier shall be clearly visible, legible, accessible and easily understandable to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales.

Amendment 90

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission	Amendment
3. Where economic operators provide a digital label, the data carrier shall be accompanied by the statement ‘More comprehensive information on the product is available online’ or by a similar statement.	3. Regarding the information present on the digital label, economic operators shall provide on their data carrier shall be accompanied by the statement ‘Please scan for more information’ or by a similar statement, or a pictogram.

Amendment 91

Proposal for a regulation

Article 17 – paragraph 4

Text proposed by the Commission	Amendment
4. Economic operators providing a digital label shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the digital label online.	4. Economic operators shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the digital label online, arising from the Regulation (EU) No 2016/679.

Amendment 92

Proposal for a regulation

Article 17 – paragraph 5 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
Economic operators providing a digital label shall provide the information present in the digital label by other means in any of the following cases:	Economic operators shall provide the information present in the digital label by other means and free of charge in any of the following cases:

Amendment 93

Proposal for a regulation

Article 17 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. To access the digital label and the Digital Product Passport a single data carrier shall be used.

Amendment 94

Proposal for a regulation

Article 18 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) it shall correspond to a specific batch of the detergent or surfactant;	(a) it shall correspond to a specific model, that shall be updated when the UPI changes, or where appropriate, to a specific batch of the detergent or surfactant, namely changes are made to the list of ingredients;

Amendment 95

Proposal for a regulation

Article 18 – paragraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) it shall contain the results of the conformity assessment procedure, carry out by the manufacturer;

Amendment 96

Proposal for a regulation

Article 18 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) it shall contain at least the information included in Annex VI;	(c) it shall contain at least the information included in Annex VI taking into account the need to protect confidential business information and trade secrets in accordance with Directive (EU) 2016/943 and ensuring information is shared in a secure way;

Amendment 97

Proposal for a regulation

Article 18 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) it shall be up-to date;	(d) it shall be up-to date, accurate and complete;

Amendment 98

Proposal for a regulation

Article 18 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) it shall be available in the language or languages required by the Member State where the detergent or surfactant is placed or made available on the market;	(e) it shall be available in the language or a maximum of three languages required by the Member State where the detergent or surfactant is placed or made available on the market;

Amendment 99

Proposal for a regulation

Article 18 – paragraph 2 – point f

Text proposed by the Commission	Amendment
(f) it shall be accessible to end-users, market surveillance authorities, customs authorities, the Commission and other economic operators;	(f) it shall be easily accessible to end-users, market surveillance authorities, customs authorities, the Commission, other economic operators and other relevant stakeholders such as civil society organisations, researchers and trade unions;

Amendment 100

Proposal for a regulation

Article 18 – paragraph 2 – point i

Text proposed by the Commission	Amendment
(i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 8.	(i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 9.

Amendment 101

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
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 8.	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.

Amendment 102

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the refill station.	In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the leaflet or sticker.

Amendment 103

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales.	The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales on the main page of the online product page.

Amendment 104

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission	Amendment
4. Where economic operators provide a digital label, a single data carrier shall be used to access the product passport and the digital label.	4. A single data carrier shall be used to access the digital label and the digital product passport in accordance with Article 17(5a).

Amendment 105

Proposal for a regulation

Article 18 – paragraph 6

Text proposed by the Commission	Amendment
6. Where other Union legislation applying to detergents and surfactants requires a product passport, a single product passport shall be created for detergents and surfactants, containing the information set out in paragraph 2 as well as any other information required for the product passport by that other Union legislation.	6. Where other Union legislation applying to detergents and surfactants requires a product passport, a single product passport shall be created for detergents and surfactants, containing the information set out in paragraph 2 as well as any other information required for the product passport by that other Union legislation. The technical design and operation of such a single product passport shall fulfil the requirements foreseen in Article 19 of this Regulation and shall be compatible with separate technical design criteria foreseen in other Regulation.

Amendment 106

Proposal for a regulation

Article 18 – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8 a. The product passport shall be one of the primary means for the competent national authorities to facilitate the verification of compliance of the detergent or surfactant with the provisions of this Regulation.

Amendment 107

Proposal for a regulation

Article 19 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) all information included in the product passport shall be based on open standards developed with an interoperable format and shall be machine readable, structured and searchable;	(b) all information included in the product passport shall be based on open standards developed with an interoperable format and shall be, as appropriate, machine readable, structured, searchable, and transferable through an open interoperable data exchange network without vendor lock-in;

Amendment 108

Proposal for a regulation

Article 19 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) product passports shall be designed and operated so that they are user-friendly;

Amendment 109

Proposal for a regulation

Article 19 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) end-users, economic operators and other relevant actors shall have access to the product passport free of charge;	(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 existing users;

Amendment 110

Proposal for a regulation

Article 19 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) the data included in the product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf;	(d) the data included in the product passport shall be stored and maintained up to date by the economic operator responsible for its creation or by operators authorised to act on their behalf.

Amendment 111

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission	Amendment
1. Before placing a detergent or surfactant on the market, economic operators shall upload, in the registry established under Article 12(1) of Regulation (EU) …/… on Ecodesign for Sustainable Products the unique product identifier and the unique operator identifier for the detergent or surfactant.	1. Before placing a detergent or surfactant on the market, and following the adoption of implementing acts in accordance with Article 18(9), economic operators shall upload, in the registry established under Article 12(1) of Regulation (EU) …/… on Ecodesign for Sustainable Products the unique product identifier and the unique operator identifier for the detergent or surfactant.

Amendment 112

Proposal for a regulation

Article 22 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a detergent or surfactant presents a risk to health or the environment, they shall carry out an evaluation in relation to the detergent or surfactant concerned covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.	1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a detergent or surfactant presents a risk to health, safety or the environment, they shall carry out an evaluation in relation to the detergent or surfactant concerned covering all requirements relevant to the risk and laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.

Amendment 113

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission	Amendment
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 commensurate with the nature of the risk referred to in paragraph 1.	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.

Amendment 114

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission	Amendment
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 which is commensurate with the nature of that risk.	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.

Amendment 115

Proposal for a regulation

Article 25 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the CE marking has been affixed in violation of Article 14 or not affixed at all;	deleted

Amendment 116

Proposal for a regulation

Article 25 – paragraph 1 – point e a (new)

Text proposed by the Commission	Amendment
	(e a) any other administrative obligation foreseen in the Regulation is not fulfilled.

Amendment 117

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the Commission	Amendment
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. Member States shall, without delay, notify the Commission of those measures and of any subsequent amendment affecting them.	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, dissuasive and should take into account the size of the enterprise and its experience on the market. Member States shall, without delay, notify the Commission of those measures and of any subsequent amendment affecting them.

Amendment 118

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall not impede the making available on the market of detergents and surfactants which are placed on the market before [OP: please insert the date = 30 months from the date of entry into force of this Regulation] in conformity with Regulation (EC) No 648/2004 as applicable on … [OP: please insert the date = one day before 30 months from the date of entry into force of this Regulation]	Member States shall not impede the making available on the market of detergents and surfactants which are placed on the market before [OP: please insert the date = 42 months from the date of entry into force of this Regulation] in conformity with Regulation (EC) No 648/2004 as applicable on … [OP: please insert the date = one day before 42 months from the date of entry into force of this Regulation]

Amendment 119

Proposal for a regulation

Article 34 – paragraph 2

Text proposed by the Commission	Amendment
Detergents and surfactants which, are placed on the market after [OP: please insert the date of application = one day before 30 months from the date of entry into force of this Regulation] and which at the moment of their placing on the market comply with Regulation (EC) No 648/2004 as applicable on [OP: please insert the date of application = one day before 30 months from the date of entry into force of this Regulation], may be made available on the market until [OP: please insert the date = 36 months from the date of entry into force of this Regulation].	Detergents and surfactants which, are placed on the market after [OP: please insert the date of application = one day before 42 months from the date of entry into force of this Regulation] and which at the moment of their placing on the market comply with Regulation (EC) No 648/2004 as applicable on [OP: please insert the date of application = one day before 42 months from the date of entry into force of this Regulation], may be made available on the market until [OP: please insert the date = 36 months from the date of entry into force of this Regulation].

Amendment 120

Proposal for a regulation

Annex V – Part B – point 1 – point a

Text proposed by the Commission	Amendment
(a) the recommended quantities and/or dosage instructions expressed in millilitres or grams 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,	(a) the recommended quantities and/or dosage instructions expressed in millilitres or grams 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, or the recommended dosage instructions expressed in number of units (e.g. capsules, caps) corresponding to a standard washing machine load, adjusting the standard dosage where necessary for soft, medium and hard water hardness,

Amendment 121

Proposal for a regulation

Annex V – Part B – point 3

Text proposed by the Commission	Amendment
3. The label of consumer automatic dishwasher detergents shall indicate the standard dosage expressed in grams or millilitres or number of tablets 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.	3. The label of consumer automatic dishwasher detergents shall indicate the standard dosage expressed in grams or millilitres or number of units, namely tablets or capsules, 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.

Amendment 122

Proposal for a regulation

Annex VI – paragraph 1 – point f a (new)

Text proposed by the Commission	Amendment
	(f a) the conformity assessment carried out by the manufacturer.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

Entity and/or person
A.I.S.E. - Association Internationale de la Savonnerie, de la Détergence et des Produits d'Entretien
EurEau - European Federation of National Associations of Water Services
CESIO – European Committee of Organic Surfactants and their Intermediates
EuroCommerce
American Chamber of Commerce to the European Union
Cefic- European Chemical Industry Council
Independent Retail Europe (formerly UGAL - Union of Groups of Independent Retailers of Europe)
Association of Manufacturers and Formulators of Enzyme Products – AMFEP
AISDPCL - Associação dos Industriais de Sabões, Detergentes e Produtos de Conservação e Limpeza (A.I.S.E. associate)
Energizer

The list above is drawn up under the exclusive responsibility of the rapporteur.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Entity and/or person
Altertox - 400309213564-96
AMFEP - The Association of Manufacturers and Formulators of Enzyme Products
Association Internationale de la Savonnerie, de la Détergence et des Produits d'Entretien (AISE) - 6168551998-60
Cruelty Free International - 842315534764-63
Danish Consumer Council - 39456841401-09
ECOS - Environmental Coalition on Standards
Ecover
Environmental Coalition on Standards (ECOS) - 96668093651-33
EurEau - 39299129772-62
EuroCommerce
EuropaBio - 1298286943-59
Frosch
Henkel - 13635802880-80
IFRA - International Fragrance Association
Independent Retail Europe
Industrieverband Körperpflege- und Waschmittel - 53934361209-47
New Era - European Reuse Alliance
New Reuse Alliance
Nordic Swan Ecolabel
Verein für Konsumenteninformation - 502554623335-14
Werner und Mertz
Umweltbundesamt
Unilever - 6200524920-25