On 28 April 2023, the Commission proposed a revised Regulation on Detergents and Cleaning products. The proposal simplifies the current rules to better protect health and the environment, as well as ensure the better functioning of the Single Market for detergents. Makeup brush cleansers and washing detergents are some examples of products falling under this regulation.
The new rules introduce digital labelling and a product passport for detergents and surfactants. Also, the revised rules cover new innovative products like detergents containing micro-organisms and sustainable new practices like the refill sale of detergents.
The Proposal
Simplifies market rules by abolishing several requirements
- It abolishes the obligation to provide an ingredient data sheet for hazardous detergents.
- It abolishes the obligatory intervention of approved laboratories that had to perform the tests under the Regulation.
- It abolishes the possibility to request a derogation for surfactants that do not meet the criterion of ultimate biodegradability.
- It abolishes the obligation for manufacturers of detergents and surfactants to be established within the Union.
- Additionally, labels will also be simplified and streamlined to reduce the administrative burden for the detergents industry and, at the same time, increase the understandability of labels by end-users.
Introduces voluntary digital labelling
- The proposal differentiates between pre-packaged products and products sold in a refill format. For pre-packaged products, economic operators may choose to move certain mandatory labelling information to a digital label, in combination with a physical one. And for products sold in a refill format, the possibility to provide all labelling information, except for dosage instructions for consumer laundry detergents, only digitally. The introduction of digital labelling will reduce the burden and costs for the industry and will provide further ease of use and awareness for consumers and professional users.
Facilitates the sales of innovative safe products
- The detergents sector has recently developed new innovative cleaning products that work on the action of micro-organisms. As these micro-organisms may present promising alternatives to harmful chemicals, the revised Regulation will introduce safety requirements for micro-organisms in detergents and the obligation for manufacturers to label the presence of micro-organisms in the detergents so that consumers are better informed. This will not only allow these products to move freely in the Single Market but also contribute to protecting the health and the environment.
Increases sustainability and safety through clear rules for refilled detergents
- The proposal ensures that consumers receive the necessary information when buying refilled detergents. The proposal clarifies that refilled detergents are subject to the same rules as pre-packaged detergents. The proposal also introduces voluntary digital labelling for refilled detergents as a means of further facilitating this sustainable practice, which reduces the amount of packaging and packaging waste.
Strengthens enforcement
- The introduction of a product passport will strengthen market surveillance and ensure that only safe detergents complying with our rules enter the Single Market. The reference to the product passport will need to be included in a Commission central registry and declared at customs when detergents and surfactants are presented at the EU borders. National inspectors will continue to be responsible for carrying out checks on products, although a new IT system will screen all digital product passports at the external borders.
- The introduction of the CE marking on the detergents and cleaning products will ensure that the products are in conformity with the applicable requirements set out in Union harmonization. By affixing the CE marking, the manufacturer declares that the detergent or surfactant is in conformity with all applicable requirements and that the manufacturer takes full responsibility thereof.
Next Steps
The Commission's proposal on a revised Detergents Regulation will now be subject to the approval of the European Parliament and Council as part of the ordinary legislative procedure. During the process in the Parliament and the Council, changes, additions and adjustments can be introduced. This process may drag on and the schedule may also be affected by elections to Parliament in 2024. The best estimate is that new legislation may be adopted in 2025. The proposed transition period is 30 months after entry into force. (The entry into force is 20 days after publication in the Official Journal, which could be in 2025).
Background
Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (‘the Detergents Regulation') lays down the rules that detergents need to comply with in order to be placed on the EU market.
In 2019, the Commission Evaluation of the Regulation identified some weaknesses and areas for further improvement. One major area for improvement was the overlap between the Detergents Regulation and other pieces of EU chemicals legislation, notably the Regulation on Classification, Labelling and Packaging of chemicals (CLP), the Biocidal Products Regulation, and the REACH Regulation. These overlaps often lead to duplications in the labelling requirements for detergents that pose an unnecessary burden to the detergents industry and compromise the effective communication of safety and use the information to consumers. The Evaluation concluded that the use of innovative digital tools for the communication of such information is currently suboptimal.