What changed between the plenary report and the adopted text

Added: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. [Am. 109]

Added:4. Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the market surveillance authorities of other Member States of the results of the evaluation and of the actions which they have required the economic operator to take.

Added:5. The economic operator shall ensure that all appropriate corrective action is taken in respect of all the concerned detergents or surfactants that the economic operator has made available on the market throughout the Union.

Added:6. Where the relevant economic operator does not take adequate corrective action within the period referred to in paragraph 3, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict making available on their national market of the detergent or surfactant, to withdraw the detergent or surfactant from that market or to recall it.

Added:The market surveillance authorities shall inform the Commission and the market surveillance authorities of other Member States, without delay, of those measures.

Added:The information referred to in the second subparagraph shall include all available details, in particular the data necessary for the identification of the non-compliant detergent or surfactant, the origin of that detergent or surfactant, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator.

Added:7. Market surveillance authorities of Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission and the market surveillance authorities of other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the detergent or surfactant concerned, and, in the event of disagreement with the adopted national measure, of their objections.

Added:8. Where, within three months of receipt of the information referred to in paragraph 6, second subparagraph, no objection has been raised by either a market surveillance authority or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.

Added:9. Market surveillance authorities shall ensure that appropriate restrictive measures, such as withdrawal of the detergent or surfactant from the market, are taken in respect of the detergent or surfactant concerned without delay.

Added:10. Where, for the purposes of paragraphs 4, 6, 7 and 8, information is communicated to the Commission or other market surveillance authorities that information shall be communicated through the information and communication system referred to in Article 34(1) of Regulation (EU) 2019/1020.

Added:Article 23 Union safeguard procedure

Added:1. Where, on completion of the procedure set out in Article 22(3), (4) and (5), objections are raised against a measure taken by a market surveillance authority, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the market surveillance authorities and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified or not.

Added:The Commission shall address its decision to all Member States and shall without delay communicate it to them and the relevant economic operator or operators.

Added:2. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant detergent or surfactant is withdrawn from their market, and shall inform the Commission accordingly.

Added:3. If the national measure is considered unjustified, the Member State concerned shall withdraw that measure.

Added:Article 24 Compliant detergents and surfactants which present a risk to health or to the environment

Added: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. [Am. 110]

Added:2. The economic operator shall ensure that corrective action is taken in respect of all the concerned detergents or surfactants that the economic operator has made available on the market throughout the Union.

Added:3. The market surveillance authority shall immediately inform the Commission and the market surveillance authorities of the other Member States. That information shall include all available details, in particular the data necessary for the identification of the detergents or surfactants concerned, the origin and the supply chain of the detergent or surfactant, the nature of the risk involved and the nature and duration of the national measures taken.

Added:4. The Commission shall without delay enter into consultation with the market surveillance authorities and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified or not and, where necessary, propose appropriate measures.

Added:The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.

Added: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. [Am. 111]

Added:Article 25 Formal non-compliance

Added:1. Without prejudice to Article 22, where a market surveillance authority makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

Added:(a) the CE marking has been affixed in violation of Article 14 or not affixed at all; [Am. 112]

Added:(b) the product passport has not been drawn up in accordance with Articles 18 and 19;

Added:(c) the technical documentation referred to in Article 7(2) is either not available or incomplete;

Added:(d) the data carrier through which the product passport and, where relevant, the digital label is accessible is not present on the detergent or surfactant, their packaging, the documentation accompanying them or on the refill station, as applicable;

Added:(e) the label has not been provided or the labelling information referred to in Articles 15 and Annex V is false or incomplete;

Added:(ea) any other administrative obligation provided for in this Regulation is not fulfilled. [Am. 113]

Added:2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the detergent or surfactant being made available on the market or ensure that it is recalled or withdrawn from the market.

Added:CHAPTER VII DELEGATED POWERS AND COMMITTEE PROCEDURE

Added:Article 26 Delegated powers

Added: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. [Am. 114]

Added:2. The Commission is empowered to adopt delegated acts in accordance with Article 27, amending Article 20(1) by requiring that additional information among the information listed in Annex VI be stored in the registry.

Added:When adopting the delegated acts in accordance with the first subparagraph, the Commission shall take into account the following criteria:

Added:(a) coherence with other relevant Union acts where relevant;

Added:(b) the need to allow for the verification of the authenticity of the product passport;

Added:(c) the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs controls for detergents and surfactants;

Added:(d) the need to avoid disproportionate administrative burden for economic operators.

Added:3. The Commission is empowered to adopt delegated acts in accordance with Article 27 supplementing this Regulation by determining additional information stored in the registry referred to in Article 20(1) that is to be controlled by customs authorities.

Added:4. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending this Regulation by providing an Annex containing a list of Combined Nomenclature codes, as set out in Annex I to Regulation (EEC) No 2658/87, and product descriptions of detergents and surfactants and by updating such Annex.

Added:5. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annexes I to VII to take into account scientific and technical progress.

Added:6. Where new scientific evidence points to the need to introduce biodegradability requirements for substances and mixtures other than surfactants in detergents, including detergent capsules, the Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex I to lay down biodegradability criteria for those substances and mixtures and test methods to verify compliance with them.

Added:When adopting delegated acts in accordance with the first subparagraph, the Commission shall take into account the current manufacturing practices, the availability of technically and economically feasible alternatives and the impacts to small and medium-sized enterprises.

Added:6a. Where Commission Regulation (EC) 440/2008 provides 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. [Am. 115]

Added: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. [Am. 116]

Added:7. Where individual risk-based concentration limits for fragrance allergens are established in Regulation (EC) No 1223/2009 of the European Parliament and of the Council, the Commission shall adopt delegated acts in accordance with Article 27 amending Annex V in order to adapt the limit of the allergenic fragrances listed in Annex III to that Regulation accordingly.

Added:8. By [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 27 to supplement this Regulation, by determining the specific requirements for the digital labelling of detergents. Those requirements shall at least establish the types of IT solutions, which economic operators may use, and the alternative means for providing the information on the digital label, referred to in Article 17.

Added:When adopting the delegated act referred to in the first subparagraph, the Commission shall take into account the following criteria:

Added:(a) coherence with other relevant Union acts where relevant;

Added:(b) the need to encourage innovation;

Added:(c) technological neutrality characterised by absence of constraints or prescriptions on the choice of technology or equipment, within the bounds of compatibility and avoidance of interference;

Added:(d) the need for the digital labelling not to compromise the safety of the end-users and the environment.

Added:(e) the level of digital readiness among all population groups in the Union.

Added:9. The Commission is empowered to adopt delegated acts in accordance with Article 27 amending Annex V, as regards the labelling information, which economic operators are allowed to provide only digitally in accordance with Article 16, for the purposes of adapting it to technical and scientific progress and to the level of digital readiness among the end-users of detergents. When adopting those delegated acts, the Commission shall take into account the need to ensure a high level of protection of health and environment.

Added:Article 27 Exercise of the delegation

Added:1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added:2. The power to adopt delegated acts referred to in Article 26 shall be conferred on the Commission for an indeterminate period of time.

Added:3. The delegation of power referred to in Article 26 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.