What changed between the plenary report and the adopted text

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

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

Added: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.

Added:4. Distributors shall ensure that, while a detergent or surfactant is under their responsibility, its storage or transport conditions do not jeopardise its compliance with this Regulation.

Added: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 sureimmediately inform and cooperate with the manufacturer or importer, as applicable, and the competent authorities and shall ensure that the corrective measuresactions necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate, are taken. Furthermore, where distributors consider or have reason to believe that a detergent or surfactant which they have made available on the market presents a risk to health or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the detergent or surfactant available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measuresaction taken. [Am. 77]

Added: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 formformat and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. The relevant information and documentation shall be provided within 20 working days of receipt of the request. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by detergents and surfactants which they have made available on the market. [Am. 78]

Added:Article 11 Cases in which obligations of manufacturers apply to importers and distributors

Added: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.

Added:Article 12 Packaging and repackaging by importers and distributors

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

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

Added:(b) to ensure compliance with Articles 14 to 17;

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

Added:Article 13 Identification of economic operators

Added:1. Economic operators shall, on request, identify the following to the market surveillance authorities:

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

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

Added:2. Economic operators shall be able to provide the information referred to in paragraph 1 for 10 years after they have been supplied with the detergent or surfactant and for 10 years after they have supplied the detergent or surfactant.

Added:CHAPTER IV CE MARKING AND LABELLING

Added:Article 14 Rules and conditions for affixing the CE marking

Added:1. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Added:2. The CE marking shall be affixed visibly, legibly and indelibly before a detergent is placed on the market.

Added: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.

Added: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.

Added: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. [Am. 80]

Added:Article 15 General labelling requirements

Added:1. Detergents and surfactants that are made available on the market in individual packaging or in a refill format shall be accompanied by a label.

Added: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 orand the data carrier through which the digital label is accessible to the end-user. [Am. 81]

Added:3. The label of detergents and surfactants shall contain the following information:

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

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

Added:(c) the name and trade name of the product;

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

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

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

Added:4. In addition to the information referred to in paragraph 3, the label of consumer laundry detergents and consumer automatic dishwasher detergents shall contain dosage information in accordance with part B of Annex V.

Added: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. [Am. 84]

Added: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. [Am. 85]

Added:Article 16 Forms of labelling

Added:1. 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:

Added:(a) on a physical label or; [Am. 86]

Added:(b) on a digital label and duplicated on a physical label.

Added: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. [Am. 87]

Added: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 operator shall ensure that 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 label15(2), (3) and (4) are affixed to the packaging. [Am. 88]

Added:Article 17 Requirements for digital labelling

Added:1. Where detergents and surfactants carry a digital label in accordance with Article 16, the following rules shall apply to that label:

Added:(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;

Added:(b) the information on the digital label shall be easily searchable; [Am. 89]

Added:(c) the information on the digital label shall be accessible to all users in the Union;

Added:(d) the digital label shall be accessible free of charge, without the need for prior registration, download or installation of applications, or to provide a password;

Added:(e) the information on the digital label shall be presented in a wayformat 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; [Am. 90]

Added:(f) the digital label shall be accessible through digital technologies widely used and compatible with all major operating systems and browsers;

Added:(g) when the digital label is available in more than one language, the choice of language shall not be conditioned on the geographical location of the end-user;

Added:(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;

Added:(i) the information on the digital label shall be easily accessible via the data carrier. [Am. 91]

Added:2. 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. [Am. 92]

Added: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.

Added: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.

Added: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 is available online’ or by a similar statement. [Am. 93]

Added: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. [Am. 94]