On 14 June 2024, the Council decided on its "general approach" to the Detergent Regulation. Makeup brush cleansers and washing detergents are some examples of products falling under this regulation. Among other things, the council believes that CE marking is not necessary for detergents, they also believe that the digital product passports should be linked to the product level and not to the batch level, a decision that is very important for the industry. The council has also added proposals for additional labeling requirements regarding preservatives and allergenic perfume substances. It remains to be seen whether the Council's proposal will be incorporated into the final legislation. Products containing microorganisms will be subject to more requirements than today, both regarding the safety of the products, content and labelling.
Commission proposal: updated digital, green and circular requirements
The negotiating mandate sets out the Council position on the proposal that the European Commission presented on 28 April. In particular, the Commission proposal removed outdated or redundant requirements, introduced a voluntary digital labelling scheme, facilitated the placing on the market of new products (i.e. detergents with micro-organisms), clarified the rules for detergents sold in bulk and introduced product passports to make enforcement easier and more effective.
Council's mandate
The Council position keeps the main elements of the regulation but introduces several improvements and modifications, in particular to ensure coherence with existing EU legislation. The negotiating mandate aligns the obligations of economic operators to the existing horizontal legislation that applies to the chemicals sector, such as the regulation on classification, labelling and packaging of chemical products (CLP). This will simplify certain procedures such as the communication of data sheets of hazardous mixtures to poison centres. For products not classified as hazardous in the CLP regulation, member states will be free to decide whether this information should be provided before the product is placed on the market or not, in line with the existing rules of that member state.
Refilling stations
Also in line with the CLP, the negotiating mandate of the Council requires that, when detergents are sold in bulk in refilling stations, consumers should receive a physical label rather than only digital information, as proposed by the Commission. This way, consumers who buy in bulk will have direct and permanent information both about the product itself and about its conditions of use.
Digital product passport
In the same spirit of better regulation, the Council position aligns the provisions relating to the digital product passport (DPP) to the Ecodesign regulation and the Toy Safety Regulation. The DPP will be adjusted accordingly to reduce the administrative burden on manufacturers.
Biodegradability, micro-organisms and phosphorus limits
The negotiating mandate attaches particular importance to the biodegradability requirements for the organic ingredients of detergents. Therefore, the position includes biodegradability requirements for future products, and empowers the Commission to update these requirements by delegated acts.
To prevent risks of respiratory sensitisation, the Council position also limits the sale of detergents in spray form, which contain micro-organisms. According to the mandate, only manufacturers who can prove that their product is safe, has the necessary label-warnings, and provides comprehensive instructions for their safe use will be allowed to sell this kind of products.
Member states have also introduced a review clause calling the Commission to assess the need to reduce the content of phosphorus in detergents in the future, considering the impact of phosphorus on the environment, the availability of alternatives, and the socio-economic impact of a substitution.
Allergenic fragrances and biocidal substances
The Council position updates the list of allergenic fragrances that should be indicated on the label of detergents to align it with the cosmetics regulation. The Commission will be empowered to update this list in the future via delegated acts.
The position also includes a revision clause that requires the Commission to assess the risks to health and the environment of the most harmful and biocidal substances to make sure that the detergents legislation is in line with new developments in the biocides’ regulation. A biocide is a chemical substance intended to exert a controlling effect (i.e. to destroy, deter or render harmless) against harmful organisms. If needed, the Commission can propose amendments to the detergents regulation in this sense.
Labelling
The Council position also reinforces the labelling requirements for preservatives (substances that prevent decomposition or undesired chemical changes in a substance) and aligns them with the CLP and the biocides regulations. Furthermore, it requires that industrial detergents should display a special warning label, indicating that such detergents are meant for professional use and cannot be sold to consumers.
Third country producers
Producers from third countries, who wish to sell detergents in the EU market, will need to have authorised representatives in the EU, who will verify whether these producers fulfil their legal obligations.
Next Steps
Now both the Commission, the Parliament and the Council have decided on their positions. This means that the EU process can now enter the next phase, the so-called Trilogy. We expect decisions on final legislation to be made in late fall 2024 or early spring 2025.
Background
Even if detergents facilitate health and hygiene in our daily life, they are chemicals with intrinsic properties that may pose risks to human health and the environment. The 2004 Detergents Regulation laid down the rules that detergents need to comply with to be placed on the EU market.
The Commission published its proposal on 28 April 2023. The European Parliament adopted its position on 14 February 2024.