What changed between the draft committee report and the plenary report

Added:Article 7 – paragraph 7: 7. Manufacturers that consider or have reason to believe that a detergent or surfactant which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective actions necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where manufacturers consider or have reason to believe that a detergent or surfactant which they have placed 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 actions taken.

Added:Article 7 – paragraph 7 a (new): 7a. Manufacturers shall, upon request, share relevant information in a timely manner with relevant economic operators, including distributors, importers and authorised representatives, in the supply chain concerned on any conformity issue or risk to health or the environment that they have identified in relation to their product, and of any consequent corrective action, recall or withdrawal.

Added:Article 7 – paragraph 8: 8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in a language which can be easily understood by that authority. 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 a detergent or surfactant which they have placed on the market.

Added:Article 7 – paragraph 8 a (new): 8a. Manufacturers shall make their communication channels, such as a telephone number, an email address or a dedicated section of their website, publicly available on their website, taking into account the accessibility needs of persons with disabilities and enabling end-users to submit complaints or concerns about potential non-conformity of products or safety issues

Added:Article 8 – paragraph 1: 1. Manufacturers may, by a written mandate, appoint an authorised representative. The authorised representative’s mandate shall be valid only when accepted in writing by the authorised representative.

Added:Article 8 – paragraph 2 a (new): 2a. Manufacturers that are not established in the Union, shall inform the national competent authorities of the postal address and e-mail address of their authorised representative.

Added:Article 8 – paragraph 3 – subparagraph 1: An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall have the appropriate means to perform the tasks specified in the mandate. The authorised representative shall provide a copy of the mandate to the competent authority, upon request.

Added:Article 8 – paragraph 3 – subparagraph 2 – point c: (c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation, within 20 working days of the receipt of the request and in a language that can be easily understood by that authority;

Added:Article 8 – paragraph 3 – subparagraph 2 – point e: (e) terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and inform, within 20 working days, the market surveillance authority of the Member State in which the manufacturer is established of the termination of the mandate.

Added:Article 8 – paragraph 3 – subparagraph 2 – point e a (new): (ea) where the authorised representative considers or has reason to believe that a detergent or a surfactant presents a risk to health or to the environment, inform the manufacturer thereof;

Added:Article 8 – paragraph 3 a (new): 3a. When the authorised representative changes, detailed arrangements related to that change shall be laid down in a mandate in accordance with paragraphs 1, 2, and 3.

Added:Article 9 – paragraph 2 – point b: deleted

Added:Article 9 – paragraph 4: 4. Importers shall indicate their name, registered trade name or registered trade mark, the postal and email address and telephone number at which they can be contacted on the label of the detergent or surfactant. The contact details shall be in a language easily understood by end-users and market surveillance authorities and shall be clear, understandable and legible.

Added:Article 9 – paragraph 8: 8. Importers that consider or have reason to believe that a detergent or surfactant which they have placed on the market is not in conformity with this Regulation shall immediately inform and cooperate with the manufacturer and the competent authorities and shall immediately take the corrective actions necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where importers consider or have reason to believe that a detergent or surfactant which they have placed on the market presents a risk to health or the environment, they shall immediately inform the manufacturer and 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 action taken.

Added:Article 9 – paragraph 8 a (new): 8a. Importers shall, upon request from market surveillance authorities, share in a timely manner relevant information with relevant economic operators, including distributors and authorised representatives, in the supply chain concerned as regards any conformity issue or risk to health or the environment that they have identified in relation to their product, and of any consequent corrective action, recall or withdrawal.

Added:Article 9 – paragraph 10: 10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation in a language which can be easily understood by that authority. 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 a detergent or surfactant which they have placed on the market.

Added:Article 9 – paragraph 10 a (new): 10a. Importers shall verify whether the communication channels referred to in Article 7(8a) are publicly available to consumers, thereby allowing consumers to submit complaints and concerns about potential non-conformity of products. Where such channels are not available, importers shall provide for such channels, taking into account accessibility needs for persons with disabilities.

Added:Article 10 – paragraph 2 – point b: deleted

Added:Article 10 – paragraph 5: 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 immediately inform and cooperate with the manufacturer or importer, as applicable, and the competent authorities and shall ensure that the corrective actions 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 action taken.

Added:Article 10 – paragraph 6: 6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in electronic format 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.

Added:Article 12 – paragraph 1 – point a: (a) to ensure that the package bears his or her name, registered trade name or registered trade mark, postal and email address and telephone number at which they can be contacted preceded by the words ‘packaged by’ or ‘repackaged by’;

Added:Article 14: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 15 – paragraph 2: 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 and the data carrier through which the digital label is accessible to the end-user.

Added:Article 15 – paragraph 3 – subparagraph 1 – point a: (a) a type number, model number, batch number or other element allowing their identification;

Added:Article 15 – paragraph 3 – subparagraph 1 – point b: (b) the manufacturer’s name and, where relevant, the manufacturer’s authorised representative’s name, registered trade name or registered trade mark, 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;

Added:Article 15 – paragraph 5: 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.

Added:Article 15 – paragraph 5 a (new): 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.

Added:Article 16 – paragraph 1 – subparagraph 1 – point a: (a) on a physical label or;

Added:Article 16 – paragraph 1 – subparagraph 2: 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.

Added:Article 16 – paragraph 2: 2. 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(2), (3) and (4) are affixed to the packaging.

Added:Article 17 – paragraph 1 – point b: (b) the information on the digital label shall be easily searchable;

Added:Article 17 – paragraph 1 – point e: (e) the information on the digital label shall be presented in a format 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;

Added:Article 17 – paragraph 1 – point i: (i) the information on the digital label shall be easily accessible via the data carrier.

Added:Article 17 – paragraph 2 – subparagraph 1: 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.

Added:Article 17 – paragraph 3: 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’ or by a similar statement.

Added:Article 17 – paragraph 4: 4. Economic operators 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.

Added:Article 17 – paragraph 5 – subparagraph 1 – introductory part: Economic operators shall provide the information present in the digital label by other means and free of charge in any of the following cases:

Added:Article 18 – paragraph 1 – subparagraph 1 a (new): This obligation shall apply 18 months from the entry into force of the implementing act adopted in accordance with paragraph 9.

Added:Article 18 – paragraph 2 – point a: (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;

Added:Article 18 – paragraph 2 – point d: (d) it shall be up-to-date, accurate and complete;

Added:Article 18 – paragraph 2 – point f: (f) it shall be easily accessible to customers, end-users, manufacturers, importers, distributors, competent national authorities, market surveillance authorities, customs authorities, the Commission, other economic operators and other relevant stakeholders, such as civil society organisations and researchers;

Added:Article 18 – paragraph 2 – point i: (i) it shall fulfil the specific and technical requirements laid down pursuant to paragraph 9.

Added:Article 18 – paragraph 3 – subparagraph 1: 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 9.

Added:Article 18 – paragraph 3 – subparagraph 3: 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.

Added:Article 18 – paragraph 9 – subparagraph 1 – introductory part: 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:

Added:Article 19 – paragraph 1 – point b: (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, searchable, and transferable through an open interoperable data exchange network without vender lock-in;

Added:Article 19 – paragraph 1 – point b a (new): (ba) product passports shall be designed and operated in a user-friendly way;

Added:Article 19 – paragraph 1 – point c: (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;

Added:Article 19 – paragraph 1 – point d: (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;

Added:Article 22 – paragraph 1: 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.

Added:Article 22 – paragraph 3: 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.

Added:Article 24 – paragraph 1: 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.

Added:Article 24 – paragraph 4 – subparagraph 2 a (new): 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.

Added:Article 25 – paragraph 1 – point a: deleted

Added:Article 25 – paragraph 1 – point e a (new): (ea) any other administrative obligation provided for in this Regulation is not fulfilled.

Added:Article 26 – paragraph 1: 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.

Added:Article 26 – paragraph 6 a (new): 6a. Where Commission Regulation (EC) 440/20081aprovides 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. / 1a Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1, ELI: http://data.europa.eu/eli/reg/2008/440/oj).

Added:Article 26 – paragraph 6 b (new): 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.

Added:Article 28 – paragraph 2 a (new): 2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/20111a, in conjunction with Article 5 thereof, shall apply. / 1a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Added:Article 29 – paragraph 1: Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. They may include, where appropriate, financial penalties proportionate to the turnover of the legal person that committed the infringement, taking into account the specificities of small and medium-sized enterprises. Member States shall, without delay, notify the Commission of those measures and of any subsequent amendment affecting them.