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

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 (A90000/0000),

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)

Or. en

Amendment 2

Proposal for a regulation

Recital 10

Or. en

Amendment 3

Proposal for a regulation

Recital 12 a (new)

Or. en

Amendment 4

Proposal for a regulation

Recital 12 b (new)

Or. en

Amendment 5

Proposal for a regulation

Recital 12 c (new)

Or. en

Amendment 6

Proposal for a regulation

Recital 12 d (new)

Or. en

Amendment 7

Proposal for a regulation

Recital 20

Or. en

Amendment 8

Proposal for a regulation

Recital 34

Or. en

Amendment 9

Proposal for a regulation

Recital 61 a (new)

Or. en

Amendment 10

Proposal for a regulation

Article 2 – paragraph 1 – point 1 – indent 3

Or. en

Justification

The regulation should also apply to "perfumes" in dishwashers, dryers and similar.

Amendment 11

Proposal for a regulation

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

Or. en

Justification

Definitions 3a - 3d are aligned with the relevant definitions used in the COM decisions on the EU Ecolabel.

Amendment 12

Proposal for a regulation

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

Or. en

Amendment 13

Proposal for a regulation

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

Or. en

Amendment 14

Proposal for a regulation

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

Or. en

Amendment 15

Proposal for a regulation

Article 2 – paragraph 1 – point 33 a (new)

Or. en

Amendment 16

Proposal for a regulation

Article 4 – paragraph 2 – introductory part

Or. en

Justification

This paragraph is aligned with the current Detergents Regulation. The exemption in this paragraph should only apply to active substances in biocidal products, as is the case currently.

Amendment 17

Proposal for a regulation

Article 4 – paragraph 2 – point a – introductory part

Or. en

Amendment 18

Proposal for a regulation

Article 4 – paragraph 2 – point b

Or. en

Amendment 19

Proposal for a regulation

Article 4 – paragraph 2 – point c

Or. en

Amendment 20

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Or. en

Justification

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. The rapporteur therefore proposes to make all detergents inherently biodegradable, as large European manufacturers have already committed to achieve this.

Amendment 21

Proposal for a regulation

Article 6 a (new)

Or. en

Justification

The Commission’s Chemicals Strategy for Sustainability spelled out a goal of safe and sustainable products for a toxic-free environment, identifying measures to tackle the most hazardous substances in consumer products. The Strategy was widely welcomed by stakeholders including industry and civil society. Parliament has repeatedly asked for stricter protection of consumers from hazardous chemicals. The rapporteur proposes to implement this Strategy in the Detergents Regulation by prohibiting the use of certain hazardous substances, unless technically necessary.

Amendment 22

Proposal for a regulation

Article 6 b (new)

Or. en

Amendment 23

Proposal for a regulation

Article 6 c (new)

Or. en

Justification

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. The Detergents Regulation is therefore to be aligned with the existing ban of animal testing in cosmetics.

Amendment 24

Proposal for a regulation

Article 7 – paragraph 3

Or. en

Justification

Alignment with REACH Art 36(1). Since many products are often on the market for more than ten years, the date on which they were placed on the market should not be decisive, but the last time they were made available on the market.

Amendment 25

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 2 – point a

Or. en

Justification

The transmission of data for medical purposes only makes sense if, in the event of poisoning, the competent authority can provide the data immediately without requesting it from the manufacturer.

Amendment 26

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 2 – point b

Or. en

Amendment 27

Proposal for a regulation

Article 7 – paragraph 8

Or. en

Justification

Provisions in Chapter III have been aligned, where possible, with the recently adopted Batteries Regulation, which contains equal provisions.

Amendment 28

Proposal for a regulation

Article 8 – paragraph 1

Or. en

Amendment 29

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1

Or. en

Amendment 30

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2 – point b

Or. en

Amendment 31

Proposal for a regulation

Article 9 – paragraph 4

Or. en

Amendment 32

Proposal for a regulation

Article 9 – paragraph 9

Or. en

Amendment 33

Proposal for a regulation

Article 9 – paragraph 10

Or. en

Amendment 34

Proposal for a regulation

Article 10 – paragraph 6

Or. en

Amendment 35

Proposal for a regulation

Article 12 – paragraph 1 – point a

Or. en

Amendment 36

Proposal for a regulation

Article 12 – paragraph 1 – point c

Or. en

Amendment 37

Proposal for a regulation

Article 15 – paragraph 2

Or. en

Justification

Products should bear clear and easily understandable labels consisting of the most important information right on the product. The same should apply for refill products.

Amendment 38

Proposal for a regulation

Article 15 – paragraph 3 – subparagraph 1 – point b

Or. en

Amendment 39

Proposal for a regulation

Article 15 – paragraph 5

Or. en

Amendment 40

Proposal for a regulation

Article 15 – paragraph 5 a (new)

Or. en

Amendment 41

Proposal for a regulation

Article 15 – paragraph 5 b (new)

Or. en

Amendment 42

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 2

Or. en

Justification

Consumers should be informed of all ingredients, and in particular allergenic substances in physical form, with digital labels providing additional information where necessary.

Amendment 43

Proposal for a regulation

Article 16 – paragraph 2

Or. en

Amendment 44

Proposal for a regulation

Article 17 – paragraph 1 – point h

Or. en

Amendment 45

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 1

Or. en

Amendment 46

Proposal for a regulation

Article 18 – paragraph 2 – point f

Or. en

Justification

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

Amendment 47

Proposal for a regulation

Article 18 – paragraph 2 – point g

Or. en

Amendment 48

Proposal for a regulation

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

Or. en

Amendment 49

Proposal for a regulation

Article 18 – paragraph 2 – point i

Or. en

Amendment 50

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 1

Or. en

Amendment 51

Proposal for a regulation

Article 19 – paragraph 1 – point c

Or. en

Amendment 52

Proposal for a regulation

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

Or. en

Amendment 53

Proposal for a regulation

Article 22 – paragraph 3

Or. en

Justification

Alignment with Batteries Regulation.

Amendment 54

Proposal for a regulation

Article 24 – paragraph 1

Or. en

Amendment 55

Proposal for a regulation

Article 24 – paragraph 4 – subparagraph 1 a (new)

Or. en

Amendment 56

Proposal for a regulation

Article 26 – paragraph 5 a (new)

Or. en

Amendment 57

Proposal for a regulation

Article 26 – paragraph 6

Or. en

Justification

This is reflected in the proposed changes to Article 4.

Amendment 58

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Or. en

Justification

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

Amendment 59

Proposal for a regulation

Article 29 – paragraph 1

Or. en

Amendment 60

Proposal for a regulation

Article 29 – paragraph 1 a (new)

Or. en

Amendment 61

Proposal for a regulation

Article 32 a (new)

Or. en

Amendment 62

Proposal for a regulation

Annex II – point 2 – point e a (new)

Or. en

Justification

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

Amendment 63

Proposal for a regulation

Annex II – point 2 – point e b (new)

Or. en

Amendment 64

Proposal for a regulation

Annex II – point 7

Or. en

Justification

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

Amendment 65

Proposal for a regulation

Annex III

Or. en

Justification

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.

Amendment 66

Proposal for a regulation

Annex V – Part A – point 1 – point c

Or. en

Justification

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

Amendment 67

Proposal for a regulation

Annex V – Part A – point 1 – point d

Or. en

Amendment 68

Proposal for a regulation

Annex V – Part A – point 1 – point e

Or. en

Amendment 69

Proposal for a regulation

Annex V – Part A – point 1 – point f

Or. en

Amendment 70

Proposal for a regulation

Annex V – Part A – point 3 – paragraph 1 – introductory part

Or. en

Justification

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

Amendment 71

Proposal for a regulation

Annex V – Part A – point 3 – paragraph 1 – point a

Or. en

Amendment 72

Proposal for a regulation

Annex V – Part A – point 3 – paragraph 1 – point b

Or. en

Amendment 73

Proposal for a regulation

Annex V – Part B – point 1 – point a

Or. en

Amendment 74

Proposal for a regulation

Annex V – Part B – point 1 – point c

Or. en

Amendment 75

Proposal for a regulation

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

Or. en

Amendment 76

Proposal for a regulation

Annex V – Part C

Or. en

Amendment 77

Proposal for a regulation

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

Or. en

Amendment 78

Proposal for a regulation

Annex VI – paragraph 1 – point b

Or. en

Amendment 79

Proposal for a regulation

Annex VI – paragraph 1 – point f

Or. en

Amendment 80

Proposal for a regulation

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

Or. en

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.

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

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report: