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

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

ENVI-PR-753691

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

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The draft report proposes amendments to the Commission's regulation on detergents and surfactants, covering biodegradability, hazardous substances, refill and reuse, animal testing, labelling, and digital product passports. It requires detergents to be inherently biodegradable, prohibits certain hazardous substances, mandates refill options, bans animal testing, and strengthens labelling and digital passport requirements.

Committee position. The rapporteur proposes to amend the Commission's proposal to strengthen environmental and health protections, including full biodegradability, restrictions on hazardous substances, mandatory refill options, and a ban on animal testing.

Key points

  1. Extends biodegradability requirements to all detergents, not just surfactants, with inherent biodegradability required within eight years and criteria to be set by the Commission within four years.
  2. Prohibits the use of hazardous substances in detergents, including carcinogens, mutagens, reproductive toxicants, endocrine disruptors, and respiratory sensitisers within four years, and persistent, bioaccumulative, and toxic substances within eight years.
  3. Requires economic operators to offer liquid detergents in light pouches for reuse and to provide refill stations for consumer laundry detergents in large retail outlets within specified timeframes.
  4. Bans animal testing for detergents and surfactants and requires the use of non-animal methods to establish safety.
  5. Restricts the use of 'animal testing free' and 'vegan' claims to products where no animal testing or animal-derived ingredients have been used in the supply chain.
  6. Requires physical labels to include all essential information, with digital labels only as a supplement, and sets minimum font sizes for legibility.
  7. Mandates that digital labels and product passports remain available for 10 years after the last time the product is made available on the market, even in cases of insolvency.
  8. Requires importers and manufacturers to provide contact details including email and postal address on the label, and to provide documentation in electronic format upon request.
  9. Adds requirements for penalties to be proportionate to turnover or salary and to consider the nature, gravity, and extent of the infringement.
  10. Calls on the Commission to assess the feasibility of mandatory renewable and recycled content for detergents, aiming for full renewable or recycled content within ten years.
  11. Adds test methods for Pseudomonas aeruginosa and Candida albicans in detergents, and allows non-animal tests for spray detergents containing micro-organisms.
  12. Simplifies labelling by grouping all surfactants together and removing the separate listing of anionic, cationic, amphoteric, and non-ionic surfactants.

Who is affected

  • Manufacturers of detergents and surfactants will need to reformulate products to meet biodegradability and hazardous substance restrictions.
  • Retailers with sales areas larger than 400m² must provide refill stations for consumer laundry detergents.
  • Economic operators making liquid detergents must offer light pouches for reuse.
  • Importers and distributors must provide electronic documentation and updated contact details.
  • Consumers will have access to refill options and clearer labelling information.

Figures and deadlines

  • Eight years from entry into force for inherent biodegradability of detergents.
  • Four years from entry into force for Commission to adopt delegated acts on biodegradability criteria.
  • Four years from entry into force for prohibition of certain hazardous substances.
  • Eight years from entry into force for prohibition of persistent, bioaccumulative, and toxic substances.
  • Four years from entry into force for offering light pouches for liquid detergents.
  • Six years from entry into force for providing refill stations in large retail outlets.
  • Sales area larger than 400m² for retailers required to provide refill stations.
  • Three years from application for Commission report on renewable content.

Legal basis: Article 114 and Article 294(2) of the Treaty on the Functioning of the European Union