What changed between the plenary report and the adopted text

Added:5. Economic operators providing a digital label shall provide the information present in the digital label by other means and free of charge in any of the following cases: [Am. 95]

Added:(a) upon oral or written request by the end-user;

Added:(b) when the digital label is temporarily unavailable, including at the time of purchase.

Added:Economic operators shall provide the information referred to in the first subparagraph independently from a purchase of a detergent or surfactant and free of charge.

Added:CHAPTER V PRODUCT PASSPORT

Added:Article 18 Product passport

Added:1. Before placing a detergent or surfactant on the market, manufacturers shall create a product passport for those products. The product passport shall meet the requirements laid down in this Article and Article 19.

Added:This obligation shall apply 18 months from the entry into force of the implementing act adopted in accordance with paragraph 9. [Am. 96]

Added:2. The product passport shall meet the following requirements:

Added:(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; [Am. 97]

Added:(b) it shall state that compliance of the detergent or surfactant with the requirements set out in this Regulation has been demonstrated, and, where relevant, indicate the test methods used;

Added:(c) it shall contain at least the information included in Annex VI;

Added:(d) it shall be up-to dateup-to-date, accurate and complete; [Am. 98]

Added:(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;

Added:(f) it shall be easily accessible to customers, end-users, manufacturers, importers, distributors, competent national authorities, market surveillance authorities, customs authorities, the Commission and, other economic operators and other relevant stakeholders, such as civil society organisations and researchers; [Am. 99]

Added:(g) it shall be available for a period of 10 years after 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 the product passport;

Added:(h) it shall be accessible through a data carrier;

Added:(i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 89. [Am. 100]

Added:3. 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 89. [Am. 101]

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 on the main page of the online product page. [Am. 102]

Added:4. Where economic operators provide a digital label, a single data carrier shall be used to access the product passport and the digital label.

Added:5. Where other Union legislation requires information on the detergent or surfactant to be available via a data carrier, a single data carrier shall be used to provide the information required under this Regulation and the other Union legislation.

Added: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.

Added:7. Economic operators may, in addition to the information referred to in paragraphs 5 and 6, make other information accessible through the data carrier referred to in paragraph 6. Where this is the case, that information shall be clearly separated from the information required under this Regulation and, where relevant, under other Union legislation.

Added:8. By creating the product passport, the manufacturer shall assume the responsibility for the compliance of the detergent or surfactant with this Regulation.

Added:9. 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: [Am. 103]

Added:(a) the types of data carrier to be used;

Added:(b) the layout in which the data carrier shall be presented and its positioning;

Added:(c) the technical elements of the passport for which defined European or international standards shall be used;

Added:(d) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, including manufacturers, competent national authorities, and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update;

Added:Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).

Added:Article 19 Technical design and operation of the product passport

Added:The technical design and operation of the product passport shall comply with the following requirements:

Added:(a) product passports created under this Regulation shall be fully interoperable with product passports required by other Union legislation in relation to the technical, semantic and organisational aspects of end-to-end communication and data transfer;

Added:(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 and, searchable, and transferable through an open interoperable data exchange network without vender lock-in; [Am. 104]

Added:(ba) product passports shall be designed and operated in a user-friendly way; [Am. 105]

Added:(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; [Am. 106]

Added:(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; [Am. 107]

Added:(e) if the data included in the product passport is stored or otherwise processed by operators authorised to act on behalf of economic operators placing the detergent or surfactant on the market, those operators shall not be allowed to sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services;

Added:(f) economic operators may not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the product passport online.

Added:Article 20 Product passport registry

Added: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.

Added:2. The Commission, the market surveillance authorities and the customs authorities shall have access to the registry referred to in paragraph 1 for carrying out their duties pursuant to this Regulation.

Added:Article 21 Customs controls relating to the product passport

Added:1. Detergents and surfactants entering the Union market shall be subject to verifications and other measures laid down in this Article.

Added:2. Declarants as defined in Article 5, point (15), of Regulation (EU) 952/2013 shall include the unique product identifier in the customs declaration for release for free circulation of any detergent or surfactant.

Added:3. Customs authorities shall verify whether the unique product identifier indicated by the declarant in accordance with paragraph 2 of this Article matches a unique product identifier included in the registry in accordance with Article 20(1).

Added:4. In addition to the verification referred to in paragraph 3, customs authorities shall verify the consistency of information made available to customs by declarants with other information stored in the registry referred to in Article 20(1) listed in the delegated act referred to in Article 26(3).

Added:5. The verifications referred to in paragraph 3 and 4 shall take place electronically and automatically before the release for free circulation.

Added:6. For the purpose of paragraphs 3 to 5, the interconnection between the registry referred to in Article 20(1) and the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of Regulation (EU) …/… on Ecodesign for Sustainable Products] shall be used.

Added:7. Paragraphs 3, 4 and 5 shall apply from the day when the interconnection between the registry and the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of Regulation (EU) …/… on Ecodesign for Sustainable Products] becomes operational.

Added:The Commission shall publish a notice in the Official Journal of the European Union to that effect indicating the date when the interconnection becomes operational.

Added:8. Customs authorities may retrieve and use the information included in the product passport and the registry referred to in Article 20(1) for carrying out their duties pursuant to Union legislation, including for risk management in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.

Added:9. The verifications and other measures laid down in this Article shall be carried out on the basis of a list of Combined Nomenclature codes, as set out in Annex I to Regulation (EEC) No 2658/87, under which detergents and surfactants are classified as well as the product descriptions of those detergents and surfactants.

Added:10. The verifications and measures laid down in this Article shall not affect the application of other Union legal acts governing the release for free circulation of products, including Articles 46, 47 and 134 of Regulation (EU) No 952/2013, as well as the controls referred to in Chapter VII of Regulation (EU) 2019/1020.

Added:CHAPTER VI MARKET SURVEILLANCE

Added:Article 22 Procedure at national level for dealing with detergents and surfactants presenting a risk

Added: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. [Am. 108]

Added:2. Where the market surveillance authorities of one Member State have sufficient reason to believe that a test carried out in accordance with the methods listed in Annex I or Annex II has produced false results, they shall perform controls to verify the compliance of the detergent or surfactant with this Regulation in accordance with the reference methods set out in Annexes I, II and VII. Economic operators shall not be obliged to pay for any repeat or additional test, provided that the initial test has shown compliance of detergents, or surfactants, with this Regulation.