EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 28.4.2023  
COM(2023) 217 final  
2023/0124 (COD)  
 
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing 
Regulation (EC) No 648/2004  
(Text with EEA relevance)  
{SEC(2023)  170 final}  - {SWD(2023)  113 final}  - {SWD(2023)  114 final}  -
 {SWD(2023)  115 final}   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
Detergents play a central role in our everyday lives. They help deliver health and hygiene in 
almost all areas of human activity from households and schools to gyms, offices, hospitals, 
hotels and restaurants. Detergents are, however, chemicals with intrinsic properties that have 
the potential to pose risks t o human health and the environment. Regulation  (EC) No 
648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents1 
(‘the Detergents Regulation’) lays down the rules that detergents need to comply with in order 
to be placed and move freely in the EU market. These are rules that ensure the safe use of 
detergents (labelling and other information requirements) and the high -environmental 
performance of detergents and surfactants2 for detergents (biodegradability requirements and 
phosphorus limits).  
The 2019 e valuation of the Detergents Regulation3 identified a number of weaknesses that 
have emerged since the legislation was adopted  in 2004. The fitness check  of the most 
relevant chemicals legislation (excluding REACH)4 highlighted the complexity of the EU 
regulatory framework for chemicals . This complexity was attributed to the large number of 
product and sector specific pieces of legislation  with embedded links with each other. The 
fitness check also pointed out that there is room for simplification in the communication of 
information of overcrowded labels to product users and found that the use of innovative tools 
for communicating product i nformation is currently suboptimal .  
The updated industrial strategy adopted in May 20215 further emphasises the importance of 
accelerating the green and digital transitions of the EU industry, supported by i.a. a coherent 
and stable regulatory framework.  
Moreover, t he Commission Communication of 16 March 2023 on long -term competitiveness 
of the EU: looking beyond 20306 outlines how  the EU can build on its strengths  and achieve 
more than merely bridging the growth and innovation gap. To foster competitiveness, the 
Commission proposes to work along  nine mutually reinforcing drivers, including a 
functioning Single Market a nd digitalisation through broad -based take -up of digital tools 
across the economy.  
                                                 
1 OJ L 104, 8.4.2004, p. 1.  
2 Surfactants are surface -active a gents that help break down the interface between water and oils and/or 
dirt. They are one of the main ingredients used in detergents.  
3 Evaluation of R egulation (EC) No 648/2004 of the European Parliament and of the Council of 31 
March 2004 on detergents, SWD(2019)298  
4 Fitness Check of the most relevant chemicals legislation (excluding REACH) SWD(2019)199  
5 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions Updating the 2020 New Industrial 
Strategy: Building a stronger Single M arket for Europe’s recovery; COM(2021) 350 final  
6 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee a nd the Committee of t he Regions ,  Long -term competitiveness of the 
EU: looking beyond 2030 ; 168 final  EN 2  EN Furthermore , the Commission ’s 2022  work program me7 lists the revision of the Detergent 
Regulation as a REFIT initiative.  
In view of the shortcomings  identified in the Regul ation ’s evaluation 8 and in the chemicals 
fitness check9, and which were thoroughly developed in the impact assessment report on the 
revision of the Detergents Regulation10, this proposal aims at updating the rules on detergents , 
streng thening enforcement so that more compli ant detergents and surf actants enter the Union 
market  and at addressing the following issues:  
(1) The Detergents Regulation  does not take account of new market 
developments : Innovative products and sustainable new practices have been 
developed since the adoption of the Regulation in 2004, which the current rules 
either do not accommodate (microbial cleaning products) or it is not clear if 
and how they accommodate them (refill sales).  
(2) Lack of efficient information requirements for de tergents : Legislative 
overlaps between the Dete rgents and the Classification, Labelling and 
Packaging ( CLP)11 Regulations often lead to the same substance appearing 
twice or thr ee times  on the same label and sometimes under completely 
different names. A nother overlap between these pieces of EU legislation is the  
duplication of information on the  emergency health response for detergents 
classified as hazardous under the CLP Regulation (ingredient data sheets under 
the Detergents Regulation and information to poison centres under CLP).  
• Consistency with existing policy provisions in the policy area  
The proposal ensures that the Union rules specific to detergents remain complementary to the 
general provisions applicable to chemicals – including detergents – placed on the Union 
market, notably the CLP Regulation and the REACH Regulation12. As with the existing 
Detergents Regulation, the provisions in this proposal will address concerns that are specific 
to detergents.   
This proposal is consistent with prioritie s and current trends on digitalisation by default 
including the conclusions on digitalis ing product information in the Evaluation of the New 
Legislative Framework13. By relying on the product passport proposed by the Commission in 
                                                 
7 https://ec.europa.eu/info/publications/2022 -commission -work -programme -key-documents_en  
8 Evaluation of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 
March 2 004 on detergents, SWD(2019)298  
9 Fitness Check of the most relevant chemicals legislation (excluding REACH) , SWD(2019)199  
10 Commission Staff Working Document - Impact assessment report accompanying the Proposal for a 
Regulation of the European Parliament and of the Council on detergents and surfactants , amending 
Regulat ion (EU) 2019/1020 and repealing Regulation (EC) No 648/2004 .  
11 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 
classification, labelling and packaging of substances and mixtures, amendin g and repealing Directives 
67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006  
12 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council 
Directive 76/769/EEC and Commission Dire ctives 91/155/EEC, 93/6 7/EEC, 93/105/EC and 
2000/21/EC  
13 SWD(2022)364.  EN 3  EN its proposal for a regulat ion on ecodesign for sustainable products14, consistency will be 
ensure d and synergies can be achieved once detergent and surfactants  are covered by that  
Regulation .  
In addition, this proposal also takes into account the legislative proposal for a regulation on 
packaging and packaging waste15 which aims at reducing the amount of packaging placed on 
the market in terms of its volume and weight, and preventing the generation of packaging 
waste, especially through packaging minimisation  (using only the a mount of packaging that is 
absolutely necessary) . This minimisation requirement will reduce the space available for 
consumer information on the label and therefore  encourage manufacturers to explore the 
possibilities offered by digital labelling. Moreover , the packaging and packaging waste 
proposal requires businesses  who sell refill products to provide certain information to end -
users and ensure that refill stations comply with the requirements laid down in the regulation. 
Furthermore , this proposal is als o consistent with the European declaration on digital rights 
and principles for the digital decade16.  
• Consistency with other Union policies  
The proposal will provide a coherent and stable regulatory framework supporting the green 
and digital transitions of the EU industry announced both in the updated 2021  industrial 
strategy17 and the  recently adopted  Green Deal Industrial Plan  for the Net -Zero Age18. It is 
also consistent  with broader  EU policy and regulatory developments, in terms of future and 
ongoing regulatory work  under the chemicals strategy for sustainability19. The proposed new  
rules on microbial cleaning products will be consistent with the voluntary scheme provided by 
the EU Ecolabel Regulation20. The proposed new rules on digital labelling will be consistent 
with the digitalisation of chemicals’ labels, notabl y under the revis ion of the CLP Regulation 
and that of the Fertilising Products Regulation21. It reflects the development of the Union’s 
rules for biocidal products since the adoption of the Detergents Regulation, and complements 
those rules.  
                                                 
14 Proposal for a Regulation of the European Parliament and of the Council establishing a framework for 
setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC  of 30 
March 2022, COM(2022) 142 final.  
15 Proposal for a Regulation of the European Parliament and of the Council on packaging and packaging 
waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 
94/62/EC , COM(2022)677 . 
16 https://digital -strategy.ec.europa.eu/en/library/european -declaration -digital -rights -and-principles   
17 Communication from t he Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions Updating the 2020 New Industrial 
Strategy: Building a stronger Single Market for Europe’s recovery; COM(2021) 350 final  
18 A Green Deal Industrial Plan for the Net -Zero Age : https://commission.europa.eu/document/41514677 -
9598 -4d89 -a572 -abe21cb037f4_en  
19 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee a nd the Committee of t he Regions  Chemicals Strategy for 
Sustainability  Towards a Toxic -Free Environment ; COM 667 final 
20 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on 
the EU Ecolabel  
21 Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down 
rules on the making available on the market of EU fertilising products and amending Re gulations (EC) 
No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003  EN 4  EN 2. LEGAL  BASIS,  SUBSIDIARITY  AND PROPORTIONALITY  
• Legal  basis  
The proposal has the same legal basis as the existing Detergents Regulation, i.e. Article 114 
of the Treaty on the Functioning  of the European Union.  
• Subsidiarity  (for non-exclusive  competence)   
The evaluation of the Detergents Regulation concluded that the added value of having 
harmonisation rules for the making available and placing on the market of detergents was 
undisputed . The Detergents Regulation has helped to  level the playing field for detergents' 
manuf acturers, making it easier for companies to trade cross border and delivering positive 
results for human health and the environment.  
Further, d uring the consultation activities for the evaluation , there was widespread consensus 
among stakeholders that the  issues addressed by the Regulation continue to require action at 
the EU level. This is because, the aspects dealt with under the Detergents Regulation, both in 
terms of protection of human health and the environment , have an EU-wide dimension. The 
same ap plies to the identified problems that do not present any specific national or sub -
national characteristics  but rather have a n EU-wide impact ( e.g. refill sales, microbial 
cleaning products, lack of understanding and awareness of chemicals labels by consumers) . 
Therefore, these issues need to be addressed at EU level to ensure the well -functioning of the 
single  market and an equal level of human heal th and environmental protection across the EU.  
Regulatory action at EU level would ensure a regulatory context that enables  innovation for 
new types of products, new marketing techniques and new labelling technologies across the 
single  market while provid ing the same level of protection of human health and the 
environment across the EU. It would bring the legislation up to date by including innovative 
products and sustainable new practices in the scope of the Regulation; reduce the regulatory 
burden for de tergents manufacturers through simplified and streamlined (information) 
requirements; and adapt the legislation to the digital age through the introduction of digital 
labelling. Regulatory action of this sort would: (i) help further develop the single mark et; (ii) 
provide legal certainty and a level playing field for the industry; and (iii) ensure an optimised 
protection of human health and the environment.  
• Proportionality  
This proposal replaces an existing EU Regulation. It aims to eliminat e redundant regulatory 
overlaps  as much as possible , which will ease the regulatory burden without jeopardising the 
current level of health and environment al protection. Facilitation of refill sales and regulatory 
acceptance of digital labelling will also have that ef fect. The new measures for microbial 
cleaning products are based on  the latest  scientific knowledge about the effects of the 
products in this emerging market . 
The introduction of a product passport that contains compliance information will be effective 
in reduc ing the amount  of non -compliant detergents and surfactants  in the Union market,  
including through online sales. The Regulation will ensure that a detergent or surfactant 
which is presented at customs is released for free circulation and placed on the Union market 
only if it has a corresponding product p assport . This will lead to significant efficiency gains 
for both market surveillance auth orities and customs authorities  without imposing 
disproportionate costs on industry. It will be subject to the sam e technical requirements as  the 
product passport proposed under the ecodesign for sustainable products proposal in order to 
avoid duplicatin g industry’s digitalisation efforts and ensure in teroperability with product 
passports created under other Union legislation . EN 5  EN 3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
• Ex-post evaluations/fitness  checks  of existing  legislation  
The evaluation of the Detergents Regulation concluded that the Regulation has been working 
well an d has been effective overall in achieving its objectives, namely of ensuring  the free 
movement of detergents and surfactants in the single market and of providing  a high level of 
protection of human health and the environment. However, the evaluation also identified a 
number of weaknesses and areas of further improvement  that have emerged during the 
practical application of the Regulation since its adoption in 200 4. In particular, certain 
overlaps between the Detergents Regulation and other pieces of EU che micals legislation 
were identified  (notably the CLP Regulation, the Biocidal Products Regulation  and the 
REACH Regulation) . The se overlaps often lead to duplications in the labelling requirements 
for detergents that,  on one hand, put unnecessary burden to the detergents industry . The 
overlaps also jeopardise  the effective communication of safety and use information to 
consumers because they result in overloaded labels with unclear and repetitive text. 
Furthermore , the evaluation concluded that the use of in novative digital tools for 
communicatin g such information is currently suboptimal.  
The fitness check of the most relevant chemicals legislation (excluding REACH) highlighted 
the complexity of the EU regulatory framework for chemicals . It attributed this complexity to 
the embedded links between the different  pieces of legislation applicable to the same 
products . In line with the findings of the detergents evaluation, t he chemicals fitness check 
also concluded that the communication of hazard and safet y information to consumers can be 
simplified and that the use of innovative digital tools for the communication of such 
information is currently  not as good as it could be.  
This proposal seeks to address the findings  of the  detergents evaluation and the chemicals 
fitness check .  
• Stakeholder  consultations  
To prepare this proposal, the Commission carried out a number of consultation activities to 
collect evidence and views from a broad range of stakeholders on the identified problems with 
the current legislation and potential solutions. The activities included a 12 -week dedicated 
public consultation that closed on 25 May 2022, a stakeholder workshop held on 12 May 
2022, discussions with Member States at the Detergents Working Group, stakeholder 
intervi ews (scoping and targeted) and feedback collected in response to the Commission’s 
inception impact assessment. The stakeholders consulted included national authorities, 
industry associations, companies, consumer associations, civil society and academia.  
The consultation activities have confirmed broad support across stakeholders (including 
industry, public authorities and representatives of the civil society ) to digitalis e some label ling 
information and maintain the ingredient data sheet for non -hazardous d etergents. Between  
sub-options to streamline the labelling requirements, the industry slightly preferred to 
eliminat e duplicated requirements under the Detergents Regulation (sub -option 2) . However, 
this group also showed wide support to the first sub -option, which was also preferred by other 
types of stakeholders, notably public authorities and representatives of civil society.  
Stakeholders also w idely support ed facilitating and digitalising the refill sale of detergents. . It 
should, however, be noted tha t business organisations and larger companies showed less 
support for adding requirements for refill sales in the Detergents Regulation compared to EN 6  EN other stakeholders such as  small and medium -sized companies ( SMEs ), non-governmental 
organisations , and environmental and consumer organisations. . Introducing generic criteria 
for the risk management of microbial cleaning products was not widely supported among the 
proposed risk management measures22. However, industry stakeholders stated that introduc ing 
rules for microbial cleaning products in general under the Detergents Regulation would create  
an unnecessary regulatory burden23. 
• Impact  assessment  
The Commission carried out an impact assessment on the revision of the Detergents 
Regulation . The Regulatory S crutiny Board delivered a positive opinion on the draft impact 
assessment on 16 September 2022. The opinion of the Board as well as the final impact 
assessment and its executive summary are published together with this proposal.  
Besides the baseline scenario of no action, this impact assessment identifies two options (1a 
and 1b) to address problem 1 (on new market developments not being accounted for ), and two 
options (2a and 2b) to address problem 2 (lack of efficient information  requirements ). 
Policy option 1a  would ensure that consumers receive the necessary information when 
buying refilled detergents and that the rules are levelled for detergents manufacturers. 
Microbial cleaning products would be brought under the scope of the  Detergents Regulation 
and minimum information requirements (labelling) would be imposed so that end users can be 
informed about the presence of microbes in the product through which the cleaning function 
is achieved.  
Policy option 1b builds on option 1a regarding refill sales by proposing, in addition, the 
introduction of digital labelling for refilled detergents. To further facilitate this sustainable 
practice and unlock its full potential, all labelling  information required under the Detergents 
Regulati on apart from dosage instructions can be provided through a digital label. As regards 
microbial cleaning products, option 1b proposes the introduction of risk management 
requirements for these products. These include generic criteria for the use of microbe s in 
detergents , labelling requirements, certain restrictions on the use of microbes and a review 
clause .  
Under policy option 2a  the ingredient data sheet would be abolished for both hazardous and 
non-hazardous detergents. The option also suggests to streamline the labelling requirements 
and to introduce the possibility of digital labelling. The streamlining could be achieved either 
by labelling only once in accordance with the stricter rules (sub -option 1); or by removing the 
duplicated pr ovisions from the Detergents Regulation (sub -option 2). By opting for digital 
labelling, manufacturers would also benefit from the possibility of provid ing certain 
information only through the digital label. Manufacturers could only put digital labels on t heir 
products when mandatory principles for digital labelling would be applied.  
Policy option 2b  proposes to abolish only the duplicated requirement to provide an ingredient 
data sheet for hazardous detergents and to maintain it for non -hazardous detergents under the 
Detergents Regulation. In terms of labelling, option 2b is the same as option 2a above.  
The preferred combination of policy options consists of P olicy Option 1b (PO1b) and P olicy 
Option 2b (PO2b) . These options scored better overall co mpar ed to their alternatives across a 
range of criteria (positive economic, social, environmental and health impacts, effectiveness, 
efficiency and coherence). In particular, options 1b and 2b are expected to bring benefits in 
                                                 
22 The introduction of labelling requirements under option 1a was the most preferred option  
23 This concerns the introduction of requirements in general , i.e. under both option 1a and option 1b. EN 7  EN terms of burden reduction and cost savings for the industry, as well as improved readability of 
detergents labels. They are also expected to reduce the burdens for businesses by tackling the 
extensive and overlappin g labelling requirements under the wider EU regulatory framework 
applicable to detergents . This will  notably be achieved b  eliminating all duplications in the 
information requirements and by offering the flexibility to provid e some information through 
a digital label. There would also be economies of scale because  the physical label space could 
allow for more languages, meaning cost sav ings in terms of distribution of sales, and the full 
potential of the single  market for detergents would be achieved .  
Setting harmonised criteria and clarifying requirements for more sustainable products 
(microbial cleaning products) and new practices (refill sales), will facilitate the green 
transition while ensuring that innovation is not hampered. Given that these market s egments 
are currently dominated by SMEs , this will increase SME  access and integration into value 
chains and the market overall, thus contributing to the achievement of the United Nations’ 
Sustainable Development Goal24 (SDG ) #9 ‘Industry, innovation and in frastructure’.  
The combination of policy options 1b and 2b ensures a high er level of protection of human 
health, of safety, and of the environment and contributes to the achievement of SDG #3 ‘Good 
health and well -being’ and SDG #12 ‘Ensure sustainable co nsumption and production 
patterns’. In particular, the introduction of risk management measures for microbial cleaning 
products will ensure that microbes used in detergents are safe both from a human health and 
environmental perspective and will allow end users to make informed choices and better 
protect themselves in case of prior sensitisation or vulnerability. Targeted and simplified use 
instructions on the label will help product users to correctly use these products, thus providing 
an optimised environ mental protection. Furthermore, the introduction of specific requirements 
for refill sales will ensure that consumers receive all safety and use information when buying 
refilled detergents and promote a sustainable practice with significant environmental b enefits 
in terms of packaging waste. Allowing some of the labelling information to be provided only 
digitally would further reduce waste resulting  from the disposal of unused label stock.  
Streamlining and simplifying labelling requirements will make detergent labels  more readable 
and easier to understand. This will help end users find the relevant information more easily 
and quickly, which is crucial  especially in the event of an accident.  
Sub-option 1 of policy option 2a, according to which ingredie nts are labelled only once based 
on the stricter applicable rules is preferred as it will offer a higher level of human health 
protection. Moreover, the introduction of optional digital labelling will on one hand provide 
additional ease of use and awarenes s as the essential information remaining on the physical 
label becomes clearer and on the other hand yield additional benefits for vulnerable and 
visually impaired users. The digital principles, which will apply when economic operators  
decide to label digi tally, will further safeguard the high level of protection of human health. 
Finally, the maintenance of the ingredient data sheet for non -hazardous detergents under the 
Regulation will ensure that the level of protection remains very high.  
Under the prefe rred option, the functioning of the single market benefits from the introduction 
of harmonised rules  for microbial cleaning products and refill sales, which will ensure a level 
playing field for them. The preferred option will entail no or negligible costs  for companies 
and large cost savings. The biggest impact – in the form of cost savings – results from the 
abolition of ingredient data sheet for hazardous detergents, with an annual estimated saving of 
EUR 7 million per year. The current format of the ing redient data sheet will be maintained to 
avoid unnecessary additional costs and complexity for the industry, especially SMEs.  
                                                 
24 https://sdgs.un.org/goals  EN 8  EN Additional annual small burdens due to the risk management requirements for microbial 
cleaning products are expected for SMEs, in  the area of EUR 200.000 per company. It should, 
however, be noted that this is an upper bound estimate, and calculated based on  the average 
costs for testing and the highest number of batches reported by manufacturers. This number is 
also highly likely to  vary depending on several factors (e.g. company or portfolio size; current 
level of compliance etc.) but will not, in any event, negatively impact the manufacturers 
(mostly SMEs), who reported during the interviews that these costs are within the acceptab le 
range. For companies currently working on “known microbes” the costs of new requirements 
is expected to be negligible as many of the proposed requirements are already met or can be 
met at a negligible cost. These firms will, therefore, be able to work a nd expand their 
production at no extra cost.  
The preferred option complies with the proportionality principle. It does not exceed what is 
needed to achieve the objectives sought. The elimination of regulatory overlaps will ensure a 
greater consistency  with the wider EU regulatory framework applicable to detergents. The 
facilitation of refill sales is in line with overarching EU initiatives aiming at reducing the 
environmental impact and with SDG #12 ‘Ensure sustainable consumption and production 
pattern s’. The introduction of (optional) digital labelling both for refill detergents and overall 
is consistent with the transition to the digital era and with parallel digitalisation initiatives in 
the chemicals field such as CLP  and the Fertilising Products Re gulation. As experience and 
confidence is gained in digital labelling, it could be possible to increase the amount of 
information available digitally in the future, which may further increase the simplification 
potential for the industry.  
• Regulatory  fitness and simplification  
One of the main objectives of this initiative is to simplify the rules applicable to detergents 
and reduce the regulatory burden for detergent manufacturers.  
 Simplifying and streamlining labelling requirements  will reduce the regulat ory 
burden for economic operators as it will be easier for them to comply with the rules.  
 Abolish ing the ingredient data sheet for hazardous detergents  will generate cost 
savings of EUR  7 million per year.  
 The proposal also abolishes the obligatory involvement  of approved laboratories  
that had to perform tests under the Regulation.  
 The proposal eliminates  the obligation for detergent and surfactant manufacturers to 
be established in the EU. However , the introduction of the product passport and new 
provisions for market surveillance o f detergents will ensure that all detergents and 
surfactants placed on the EU market comply with the requirements, regardless of the 
manufacturer’s place of establishment.  
 The facilitation of refill sales  is estimated to g enerate annual cost savings for the 
detergent industry due to  less disposal of plastic waste. While it was not possible to 
quantify these savings, under the baseline these are estimated to be  EUR  3.3 million. 
Overall , the preferred option is estimated to g enerate annual cost savings of more 
than EUR  10 million for the detergent industry per year.  
4. BUDGETARY  IMPLICATIONS  
The proposal will not have any  impact on the EU budget . EN 9  EN 5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
To assess their effectiveness, t he Commission will monitor the implementation  and 
application of these new provisions and compliance with them . The Regulation will provide 
for a regular Commission evaluation and review , and the associated pub lic report will be 
submi tted to the European Parliament and the Council.  
• Detailed  explanation  of the specific  provisions  of the proposal   
Chapter I – General provisions  
The proposed Regulation cover s detergents and surfactants either placed on the market  on 
their own or contained in det ergents. In addition, t he proposed  Regulatio n continues to set 
strict biodegradability requirements for  surfactants . However, compared to Regulation (EC) 
No 648/2004, the possibility  to expand the scope in the future to cover the biodegradability  of 
substances and mixtures in detergents has been introduced. The expanded scope also covers  
the digitalisation of detergents labels  and the safety of micro -organisms in detergents.   
The proposal keeps a number of the existing  defin itions but it also  introduces a new defin ition 
of detergent. This definition is largely based on the one included in Regulation (EC) No 
648/2004 but has, on one hand,  been clarified and, on the other, updated to also cover new 
products to which micro -organisms are intentionally added.   
The proposal also uses the general definitions of the Decision 768/2008/EC25 and includes 
additional definitions in relation to the  product passport, in line with the definitions set out in 
the European sustainable products proposal. A definition of refill is aligned with the definition 
used in the packaging and packaging waste proposal.  
Chapter II – Product Requirements  
As with  Regulation (EC) No 648/2004, surfactants need to meet the criteria of ultimate 
biodegradability in order to be placed on the market w hether on their own or contained in 
detergents . This proposal introduces for the first time safety requirements that micro -
organisms in detergents need to comply with.  
The limitations on the content of phosphates and other phosphorus compounds in consumer 
laundry detergents and consumer automatic dishwasher detergents have been maintained .  
Chapter III - Obligations of economic operators  
The proposal streamlines the obligations for manufacturers, importers and distributors with 
those set out in Decision 768/2008/EC. This clarifies the respective obligations which are 
proportionate to the economic operator s’ responsibilities. Instead of issuing a declaration of 
conformity as set out in Decision 768/2008/EC, the manufacturer will create a product 
passport for the detergent or surfactant that will includ e the relevant compliance information. 
Manufacturers of detergents and surfactants are no longer obliged to be established in the EU. 
However, where manufactures are not established in the EU , the y should appoint an 
authorised representative to carry out specific tasks on their behalf.   
Manufacturers will have  to assess the conformity of detergents and surfactants to ensure that 
they comply with the requirements laid down in the Regulation. The proposal only provides 
                                                 
25 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common 
framework for the marketing of products, and repealing Co uncil Decision 93/465/EEC ; ELI: 
http://data.europa.eu/eli/dec/2008/768(1)/oj .  EN 10  EN for first party conformity assessment (self -declaration) and relies on the corresponding 
Module  A of Decision 768/2008/EC.  
An ingredient data sheet is now  only required for non -hazardous detergents. This data sheet 
will also need to be provided directly to the Member States’ appointed bodies responsible for 
receiving information relating to emergenc y health response (poison centres), upon request.  
From now on, t he ingredient data sheet will be part of the technical documentation that 
manufacturers will have to prepare.  
Chapter I V – CE marking and labelling  
Upon completion of the conformity assessment , manufacturers m ust affix the CE marking on 
detergents and surfactants in line with the general principles and rules applicable to CE 
marking.  
The proposal maintains most of the existing labelling rules set out in Regulation (EC) No 
648/2004 , while intro ducing the possibility of a digital label, as described  above.  
Chapter V – Product passport  
It is important for a level playing field on the single market to ensure, on the one hand, more 
transparency in the value chain on the main characteristics of detergents and surfactants and, 
on the other, to strengthen the enforcement of the rules to reduce non -compliance. Instead of 
relying on the EU declaration of conformity provided for in Decision 768/2008/EC, this 
proposal goes for an innovative way to achieve this dual objective. The evaluation of the New 
Legislative Framework26 indicated that a possible future revision of the Framework may want 
to consider introducing the possibility of the product passport. According to the eval uation, 
the product passport could include an electronic declaration of conformity and a description of 
the conformity assessment procedure. The evaluation points out that the digitalisation of 
product information could make the work of market surveillance  authorities and customs  
more effective .  
To make this regulation future -proof, this proposal replaces the EU declaration of conformity 
set out in Decision 768/2008/EC with the obligation for detergents and surfactants to have a 
product passport demonstrat ing compliance with the requirements of this Regulation. The 
product passport will be connected through a data carrier to a unique product identifier, and 
meet the same technical requirements for a product passport under the ecodesig n for 
sustainable  products regulation27. The reference of the product passport must be included in a 
Commission central registry that will be set up under the ecodesi gn for sustainable  products 
regulation, and this information must be presented at customs.   
Chapter VI - Marke t surveillance  
Besides the product passport, this proposal creates a clearer framework for a better 
enforcement of the rules. It confirms that Regulation (EU) 2019/1020 will continue to apply 
to detergents and surfactants.  In addition, t he proposal sets out more detailed market 
surveillance provisions based on Decision 768/2008/EC. Furthermore , a specific provision 
based on the Decision 768/2008 gives specific grounds for acting against detergents or 
surfactants  that compl y with the requirements but pose a risk to health or the envi ronment . 
                                                 
26 SWD(2022)364.  
27 Proposal for a Regulation of the European Parliament and of the Council establishing a framework f or 
setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC of 30 
March 2022, COM(2022) 142 final.  EN 11  EN The provision ultimately gives the Commission the power to adopt measures against specific 
detergent s or surfactant s under certain circumstances.   
Chapter VII – Delegated powers and Committee procedure  
The proposal emp owers the Commission to adopt delegated acts in order to take into account 
technical and scientific progress , new scientific evidence, and the level  of digital 
readiness/literacy. This power should be delegated to the Commission , in particular,  to (i) 
supplement the general requirements on digital labelling; (ii) amend the list of the labelling 
information that may be provided in digital format only; (iii) adapt  the limit of the allergenic 
fragrances when individual risk -based concentration limits for f ragrance allergens are 
established under Regulation (EC) No 1223/2009; (iv) lay down  biodegradability 
requirements for substances and mixtures other than surfactants  in detergents  (including 
detergent capsules)  when new scientific evidence so requires ; (v) amend the specific 
information that should be included in the passport, as well as the information to be included 
in the Commission registry ; (vi)  determine the additional information stored in the registry to 
be controlled by customs authorities; (vii) provide an Annex to this Regulation containing a 
list of Combined Nomenclature codes, as set out in Annex I to Regulation (EEC) No 2658/87, 
and product descriptions of d etergents and surfactants and update such Anne x; and (viii) 
amend Annexes I to V II.  
The proposal empowers the Commission to adopt, where appropriate, implementing acts to 
ensure the uniform application of this Regulation. In particular, implementing powers should 
be conferred on the Commission to establish the detailed technical requirement s for the 
product passport for detergents and surfactants . Those powers should be exercised in 
accordance with 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 the Member States of the Commission's exercise of implementing powers.  
The Commission should also be granted implementing powers to establish whether a national 
measure in respect of a detergent or surfactant presenting  a risk to health and safety of persons 
or the environment is justified . The Commission should also be granted implementing powers 
to determine whether a national measure in respect of compliant detergents or surfactants 
which a Member State finds to pose a risk to health and safety of persons or the environment 
is justified. Given their special and technical nature, those implementing acts will not be 
adopted in accordance with the provisions on implementing acts set out  in Regulation (EU) 
No 182/2011 .   
Chapter VIII – Transitional and final provisions  
To assess their effectiveness, t he Commission will monitor the implementation  and 
application of these new provisions as well as compliance with them . The Commission will 
submit a report to the European Parliament and the Council assessing the effectiveness of the 
Regulation after 5 years of application. The proposal also provides for  the review of the safety 
requirements for micro -organisms in detergents and the possibility to allow for more strains of 
micro-organisms to be used in detergents.  
The proposed Regulation will become applicable 2 and a half  years  after its entry into force to 
on one hand allow the Commission to prepare the implemetation of the product passport’s 
technical requirements and on the other to allow manufacturers and Member States time to 
adapt to the new requirements  set out in this Regulation . Transitional provisions are foreseen 
for detergents and surfactants that have been manufactured in accordance with Regulation 
(EC) No 648/2004  so that stock that is either in the distribution chain or in storage at the EN 12  EN manufacturer’s or importer’s site at the time when this Regulation starts ap plying  can be sold . 
Regulation (EC) No 648/2004 will be repealed and replaced by the proposed Regulation.  EN 13  EN 2023/0124 (COD)  
Proposal for a  
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on detergents and surfactants, amending Regulation (EU) 2019/1020 and repealing 
Regulation (EC) No 648/2004  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the Europ ean Union, and in particular 
Article 114 thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Comm ittee28,  
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(1) The conditions for placing and making available on the market of detergents and 
surfactants for detergents hav e been harmonised  through Regulation (EC) No 
648/200 4 of the European Parliament and of the Council29.  
(2) The Commission evaluation of Regulation  (EC) No 648/200430 concluded that overall 
that Regulation has achieved its objectives to a large extent. However, the evaluation 
also identified a number of weakne sses and areas for further improvement . In recent 
years, the regulatory framework for chemicals has changed radically creating a lack of 
coherence and duplications in the rules applicable to detergents and notably their 
information requirements. There is t herefore a need to ensure consistency and to 
eliminate the duplicated information requirements.   
(3) New market developments, in particular  the development of detergents containing 
micro -organism s and the refill sale of detergents have emerged that are eit her 
completely or partially not covered by  Regulation (EC) No 648/2004 . On the other 
hand, digitalisation offers opportunities for simplification, burden reduction and 
increased ease of use and understandability of safety and use information that are 
currently missed. It is therefore necessary to take account of the newly em erged 
products and practices and step up the digitalisation efforts in line with the 
overarching objectives of the Union especially in terms of sustainability, green and 
digital transition.  
                                                 
28 OJ C , , p. .  
29 Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on 
detergents  (OJ L 104, 8.4.2004, p. 1).  
30 Evaluation of R egulation (EC) No 648/2004 of the European Parliament and of the Council of 31 
March 2004 on detergents (SWD(2019)298 ). EN 14  EN (4) The Fitness Check  of the most relevant chemicals legislation31 (excluding  Regulation 
(EC) No 1907/2006 of the European Parliament and of the Council32) highlighted the 
complexity of the U nion regulatory framework for chemicals and attributed it to the 
large number of product and sector specific pieces of legislation w ith embedded links 
with each other. It also pointed out that there is room for simplification in the 
communication of information of overcrowded labels to product users, and found that 
the use of innovative tools for communicating product information is cu rrently not 
being taken advantage of.  It is, therefore, necessary that  the current rules are simplified 
to reduce burden for economic operators, improve  consumer understanding and 
facilitate market surveillance. Regulation (EC) No 648/2004 should therefore  be 
replaced.  
(5) Decision No 768/2008/EC of the European Parliament and of the Council33 lays down 
common principles and reference provisions intended to apply across sectoral 
legislation in order to provide a coherent basis for a revision of that legislation. The 
new legal framework for detergents and surfactants should  be aligned to the extent 
possible to those common principles and reference provisions.  
(6) In order t o ensure legal certainty  and a level playing field for economi c operators , the 
definition of detergent should cover all products falling in  the scope of harmonisation , 
including th e newly developed detergents containing intentionally added micro -
organisms . The definition should also cover products for cleaning the su rface of fruits 
and vegetables.  
(7) Since surfactants are primarily sold in business -to-business transactions  in order to be 
used in the manufacturing of detergents , they do  not need to be subject to the same  
requirements as detergents . Therefore, m inimum rules for surfactants  should be laid 
down , namely rules on ultimate biodegradability, a minimum  set of labelling 
information and the obligation  of economic operators to draw up a technical 
documentation and to create a product passport .  
(8) This Regulatio n should  complement existing rules set out in other legislative 
instruments and should  not affect  the application of existing Union legislation relating 
to aspects of protection of health, of safety and of the environment not covered by this 
Regulation. This Regulation should , in particular, apply without prejudice to 
Regulation (EC) No 1907/2006 , Regulation (EU) No 528/2012  of the European 
Parliament and of the Council34 and to Regulation (EC) No 1272/2008  of the 
European Parliament and of the Council35. 
                                                 
31 Fitness Check of the most relevant chemicals legislation (excluding REACH), SWD(2019)199  
32 Regulation (EC) No 1907/2006 of the Europe an Parliament and of the Council of 18 December 2006  
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),  
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council  
Regulation (EEC)  No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council  
Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and  
2000/21/EC (OJ L 396, 30.12.2006, p. 1) . 
33 Decision No 768/2008/EC of the European Parliament and of  the Council of 9 July 2008 on a common 
framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 
13.8.2008, p. 82).  
34 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 
concerning t he making available on the market and use of biocidal products  (OJ L 167, 27.6.2012, p. 1 ).  
35 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 
classification, labelling and packaging of substances and mixtu res, amending and repealing Directives 
 EN 15  EN (9) Surfactants are surface -active agents that help break down the interface between water 
and oils or dirt. They are one of the main ingredients used in detergents. Surfactants 
could , however, pose a risk to the environment as they are discharged into sewage  
systems or directly into surface waters. To prevent any adverse effects that surfactants 
could have on  the environment, it is necessary to set requirements ensuring that 
surfactants are completely biodegradable either when placed on the market on their 
own and intended for use in detergents or when contained in detergents.  
(10) Phosphorus is a key ingredient used in detergents. However, phosphorus and its 
compounds could  cause damage to ecosystems and aquatic environments as they 
contribute to eutrophicat ion. To further ensure a high level of protection of the 
environment, and reduce the contribution of detergents to that phenomenon, it is 
necessary to establish harmonised limits on the content of phosphates and phosphorus 
compounds in consumer laundry and  consumer automatic dishwasher detergents. 
Similar limitations are not required for other types of detergents either because their 
contribution is not significant or because suitable alternatives are currently not 
available.  
(11) In recent years, novel cle aning products have been developed that contain living 
micro -organisms as active ingredients. Micro -organisms have their own biology and 
response to the environment. Due to their ability to proliferate, there is a clear 
difference between conventional and microbial detergents. Therefore, the inherent 
hazards and arising risks are not necessarily of the same nature as those presented by 
chemicals, especially in relation to the capacity of micro -organisms to persist and 
multiply in different environments and to produce a range of different metabolites and 
toxins of potential toxicological significance.  
(12) Since micro -organisms are not subject to registration under Regulation (EC) No 
1907/2006 or any other Union legislation requiring manufacturers to demonstr ate that 
the intended use is safe, they should be eligible for use in detergents only to the extent 
that they have been clearly identified and supported by data demonstrating that their 
use is safe, and subject to specific requirements governing their safe ty. Harmonised 
rules governing the safety of micro -organisms in detergents as well as relevant test 
methods for economic operators to demonstrate compliance with th ose rules should, 
therefore, be established. Restrictions are required on the format in whic h detergents 
containing micro -organisms are placed on the market when sensitising ingredients are 
included in their composition. To ensure a high level of protection of human health 
even for sensitised persons, detergents containing micro -organisms and whi ch are 
placed on the market in a spray format should , therefore,  be found safe for use in this 
format.  
(13) To ensure a high level of protection of the aspects of public interest, and to guarantee 
fair competition on the internal market, e conomic operators should be responsible for 
the compliance of detergents or surfactants with this Regulation, in relation to their 
respective roles in the supply chain . Whenever appropriate, manufacturers and 
importers should carry out sample testing of th e detergents and surfactants that they 
have made available on the market, in order to protect the health and safety of 
consumers and the environment.  
                                                                                                                                                         
67/548/EEC and 1999/45/EC, and amendi ng Regulation (EC) No 1907/2006 ( OJ L 353, 31.12.2008, p. 
1).  EN 16  EN (14) All economic operators intervening in the supply and distribution chain should take 
appropriate measu res to ensure that they only make available on the Union market  
detergents  and surfactants which are in conformity with this Regulation. It is necessary 
to provide for a clear and proportionate distribution of obligations which correspond to 
the role of ea ch economic operator in the supply and distribution chain.  
(15) In order to enable economic operators to demonstrate and the competent authorities to 
verify that detergents and surfactants made available on the market comply with the 
requirements of this Regulation, it is necessary to provide for a conformity assessment 
procedure. Decision No 768/2008/EC establishes modules for conformity assessment 
procedures, from the least stringent to the most stringent, in proportion to the level of 
risk involved and the level of safety required. In order to ensure inter -sectoral 
coherence and to avoid ad -hoc variants, Decision No 768/2008/EC specifies that 
conformity assessment procedures should be chosen from among those modules.  
(16) The manufacturer, having detail ed knowledge of the design and production process, is 
best placed to ensure compliance of the detergent or surfactant with the requirements 
of this Regulation. Manufacturers should therefore be solely responsible for carrying 
out the conformity assessment procedure for detergents and surfactants. Module A 
should be applicable for the conformity assessment of  detergents and surfactants. 
Manufacturers should  also put together a technical dossier demonstrating compliance 
of the detergent or surfacta nt with the relevant rules and test methods .  
(17) To facilitate compliance of the manufacturers with their obligations under this 
Regulation, manufacturers  established in the Union should be allowed to appoint an 
authorised representative to carry out spe cific tasks on their behalf. Moreover, t o 
ensure a clear and proportionate distribution of responsibilities between the 
manufacturer and the authorised representative it is necessary to set out the list of tasks 
that manufacturers should be allowed to entrust the authorised representative with. 
Further, to ensure the enforceability and effectiveness of the market surveillance 
requirements and that only compliant detergents and surfactants are placed on the 
Union market, the appointment of an authorised representative should be mandatory 
when the manufacturer is established outside of the U nion.  
(18) With a view  to facilitat ing the communication between economic operators, market 
surveillance authorities and consumers, economic operators should, as part of their 
contact details, indicate a website address in addition to the postal address.  
(19) In order to safeguard the functioning of the internal market  and to ensure that the 
objective of providing a high level of protection of health and the environment  is 
achieved , it is necessary to establish that detergents and surfactants  from third 
countries entering the Union market also comply with this Regulation. In particular, it 
is necessary to ensure that appropriate conformity assessment procedures have been  
carried out by manufacturers with regard to those  products . It is also  necessary to lay 
down rules  for importers to ensure that the detergents and surfactants  they place on the 
market comply with those requirements and that the documentation drawn up by 
manufacturers and, where relevant, the CE marking are available for inspection by the 
competent national authorities. Provision should also be made for importers to ensure  
that a product passport is available for those products.  
(20) Since importers play a key role in guaranteeing the compliance of imported detergents 
and surfactants in the Union market,  when placing a detergent or surfactant on the  
market , importer s should indicate on the product their name, registered trade name or EN 17  EN registered trade mark as  well as their postal address and, where available, electronic 
means of communication through which they can be contacted.  
(21) As the distributor makes a detergent or surfactant  available on the market after it has 
been placed there by the manufacturer or  importer, the distributor should act with due 
care in relation to the applicable requirements. The distributor should also ensure that 
its handling of the detergent or surfactant  does not adversely affect its compliance with 
the requirements of this Regul ation.  
(22) Since distributors and importers are close to the marketplace and have an important 
role in ensuring product compliance, they should be involved in market surveillance 
tasks carried out by the competent national authorities, and should be prepa red to 
participate actively, providing those authorities with all necessary information relating 
to the detergent or surfactant  concerned.  
(23) Economic operators that either place a detergent or surfactant on the market under 
their own name or trade mark or modify a detergent or surfactant in such a way that 
compliance with this Regulation could  be affected should be considered to be 
manufacturers and should assume the obligations of manufacturers. In other cases, 
economic operators that only package or re package a detergent or surfactant already 
placed on the market by other economic operators should be able to prove that 
compliance with the requirements of this Regulation has not been affected, by 
indicating their identity on the package and by keeping a copy of the original labelling 
information.  
(24) The CE marking, indicating the conformity of a detergent with this Regulation, is the 
visible consequence of a whole process comprising conformity assessment in a broad 
sense. Regulation (EC) No 765/2008  of the European Parliament and of the Council36 
lays down the general principles of the CE marking. That Regulation should be 
applicable to detergents  covered by this Regulation in order to ensure that products 
benefiting from the free movement of goods wi thin the Union fulfil requirements 
providing a high level of protection of public interests such as health and the 
environment.  In line with Regulation (EC) No 765/2008 , the CE marking should be 
the only marking of conformity indicating that the detergent is in conformity with 
Union harmonisation legislation.  
(25) To ensure a high level of protection of human health, manufacturers should be 
required to provide an  ingredient data sheet for non -hazardous detergents . In order to 
optimise efficiency of the rel evant requirements and in view of the system related to 
emergency health response already established under Regulation (EC) No 1272/2008 , 
manufacturers should hold this information at the disposal of poison centres, upon 
request.  
(26) Labels communicate important use and safety information to users, such as the 
presence of skin or respiratory sensitisers  (e.g. allergenic fragrances, preservatives  or 
enzymes ) in detergents and surfactants. By providing information on the content of 
those substances on the labels of detergents and surfactants, it is possible for users 
with allergies or allergic predispositions to make informed choices, and potential 
                                                 
36 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out 
the requiremen ts for accreditation and repealing Regulation (EEC) No 339/93  (OJ L 218, 13.8.2008, p. 
30).  
 EN 18  EN reactions related to the use of detergents and surfactants are thus reduced. It is 
therefore necessary to esta blish l abelling requirements for detergents and surfactants .  
(27) Since the labelling of detergents  and surfactants  may fall under multiple pieces of 
Union legislation, the information on detergents ' and surfactants’ labels needs to be 
streamlined so that  when similar information stemming from different pieces of Union 
legislation is required on detergents’ and surfactants’ labels, this information is 
provided only once in accordance with the stricter rules. This will, on one hand, 
improve the readability and understandability of detergents ’ and surfactants’  labels by 
end users and , on the other , reduce regulatory burden for detergents ’ and surfactants’ 
manufacturers.  
(28) Fragrance substances are organic compounds with character istic, usually pleasant, 
odours, which are widely used in detergents but also in many other products such as 
perfumes  and other perfumed cosmetics. Those substances could  cause an allergic 
reaction upon contact, especially to sensitised persons, even when contained in low 
concentrations. Therefore, it is important to provide information on the presence of 
individual allergen ic fragrances in detergents so that sensitised persons can avoid 
contact with the substance to which they are allergic. It is therefore  necessary to  lay 
down strict requirements for the labelling of allergenic fragrances . However, th ose 
substances could  also trigger a labelling requirement  under Regulation (EC) No 
1272/2008 . Specific labelling requirements should therefore be  established that would  
apply only when the labelling thresholds under Regulation (EC) No 1272/2008 are not 
met. This will not only prevent the unnecessary burden for economic operators but 
also ensure that end -users receive this information presented in a clear manner  thus 
providing  a high level of protection of human health even for sensitised persons.   
(29) Additional labelling requirements are needed for certain substances such as 
preservatives in order to ensure a high level of health protection. The labelling 
requirements for preservatives should, therefore , cover not only those preservatives 
intentionally added by the manufacturer in the detergent but also those that ensue from 
its constituent mixtures and which are often referred to as ‘carry -over preservatives’.   
(30) Information on the correct amount of detergent that consumers need to use when 
undertaking cleaning activities ,  namely,  dosage information , should  be included on 
the label of consumer laundry and consumer automatic dishwasher detergents in order  
to prevent the  potential over -use of detergents thus reducing the total amount of 
detergent and surfactant entering the environment.  
(31) Digital labelling could improve the communication of labelling information both by 
avoiding overcrowded physical labe ls and by allowing users to rely on various reading 
options available only for digital formats, such as increased font, automatic search, 
loud speakers or translation into other languages. Providing digital labels could also 
lead to a more efficient manage ment of the labelling obligations by economic 
operators, by facilitating the update of labelling information, reducing labelling costs 
and permitting a more targeted information of users. Therefore, economic operators 
should be allowed to provide certain l abelling information only through the digital 
label subject to certain  conditions to ensure a high level of protection of detergents ’ 
users.  
(32) To avoid imposing an unnecessary administrative burden for economic operators and 
since , in most cases , the d igital label is on ly comple mentary to the physical one,  
economic operators should be able  to decide whether to use digital labels or provide 
all the information on a physical label only. The choice to provide a digital label EN 19  EN should rest with manufacturers and importers, who are responsible for providing the 
accurate set of labelling information.  
(33) Digital labelling could also create challenges for the vulnerable population groups 
with no  or insufficient digital skills and lead to an accentuation of the digital divide. 
For this reason, t he specific information to be provided only in a digital label should 
reflect the current state of the digitalisation of the society and the particular sit uation 
of detergents users. In addition,  all the labelling information concerning the protection 
of health and the environment, as well as minimum use instructions of detergents, 
should remain on the physical label, to enable all end -users to make informed  choices 
before buying the detergent and to ensure its safe handling.  
(34) An exception should , nevertheless , be made for detergents sold to end -users in a refill 
format.  In order to fully reap not only the benefits offered by digitalisation but also the 
large environmental benefits in terms of reduction of packaging and  related p ackaging 
waste that the practice of refill sales offers, it should be permitted to provide all 
labelling information digitally with the exception of dosage instructions for consum er 
laundry detergents.  
(35) To ensure a level playing field among economic operators making available detergents 
on the market, and to protect end -users, general requirements for digital labelling 
should be laid down. For example, economic operators shoul d ensure free and easy 
access to digital labels and that mandatory labelling information requested under this 
Regulation is  separated from  other information.  
(36) Given the current development of the digital skills, economic operators should also  
provid e the labelling information by alternative means to end -users when they cannot 
access the digital label. This obligation should be imposed as a safety measure to 
reduce any potential risks by the unavailability of the labelling information, in 
particular as  regards refilled detergents, where all the information may be provided in 
a digital label.  
(37) Since d etergents have the same use and present the same risks irrespective of the 
format in which they are made available on the market , economic operators making 
detergents available on the market in a refill format should ensure that these comply 
with the same requirements as the pre -packaged ones. In addition, consumers should 
receive the required  labelling information also when opting fo r refilled detergents. The 
refill sale of detergents should, therefore, be explicitly covered by this Regulation in 
order to ensure a high level of protection of health and the environment and a level 
playing field for economic operators.  
(38) Ensuring traceability of a detergent or surfactant throughout the whole supply chain 
helps to make market surveillance simpler and more efficient. An efficient traceability 
system facilitates market surveillance authorities’ task of tracing economic operat ors 
who made non -compliant detergents or surfactants available on the market.  
(39) Manufacturers should create a product passport to provide information on the 
conformity of detergents and surfactants with this Regulation, as well as with any 
other legisl ation that the detergent or surfactant must comply  with. In order to 
facilitate checks on detergents or surfactants  and to allow the actors in the supply 
chain and end -users to access necessary information such as ingredients and use 
instructions , the info rmation on the product passport should be provided digitally and 
in a directly accessible manner, through a data carrier affixed to the label of the 
detergent or surfactant, its packaging or the accompanying documentation. Market EN 20  EN surveillance authorities, economic operators and end -users should, therefore, have 
immediate access to compliance or other information on the detergent or surfactant 
through the data carrier.  
(40) To avoid duplication of investment into digitalisat ion by all actors involved, including 
manufacturers, market surveillance authorities and customs  authorities, the product 
passport established under this Regulation should be fully interoperable with the 
product passport required under other Union legislat ion.  
(41) In particular, Regulation (EU) …/… [of the European Parliament and of the Council 
establishing a framework for setting ecodesign requirements for sustainable products 
and repealing Directive 2009/125/EC] also lays down requirements and technical  
specifications for a digital product passport, the establishment of a  Commission central 
registry where passport inform ation is stored a nd the interconnection of that registry 
with the customs IT systems. That Regulation could include detergents or surfac tants 
within its scope in the medium term, thus requiring that a digital product passport is 
available for them.  
(42) The product passport for detergents and surfactants created under this Regulation 
should  therefore comply with the same requirements and t echnical elements as those 
set out in Regulation (EU ) …/… on ecodesign requirements for sustainable products , 
including its technical, semantic and organisational aspects of end -to-end 
communication and data transfer .  
(43) When other Union legislation applicable to detergents or surfactants  requires a product 
passport , a single product passport should be available  for detergents and surfactants 
containing  the information required under  this Regulation and the other Union 
legislation . 
(44) It is crucial to make clear to both manufacturers and users that by creating the product 
passport for detergent or surfactant and, where relevant, 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.  
(45) Where certain information is provide d only digitally, it is necessary to clarify that this 
information need s to be provided separately and clearly distinguished from each other 
but through a single data carrier. This will facilitate the work of market surveillance 
authorities but also provide clarity to end users regarding the different pieces of 
information th at are available to them in a digital format.  
(46) Chapter VII of Regulation (EU) 2019/1020  of the European Parliament and the 
Council37, setting up the rules of controls on products entering the Union market, 
applies  to detergents and surfactants . The authorities in charge of th ose controls , which 
in almost all Member States are the customs authorities , are to  perform them on the 
basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 
952/2013 of the European Parliament and of the Council38, its implementing 
legislation and the corresponding guidance. This Regulation should  therefore  not 
modify in any way Chapter VII of Regulation (EU) 2019/1020  and the way the 
                                                 
37 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market 
surveillance and compliance of products and amending Directive  2004/42/EC and Regulations (EC) No 
765/2008 and (EU) No 305/2011  (OJ L 169, 25.6.2019, p. 1 ).  
38 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying 
down the Union Customs Code (OJ L 269, 10.10.2013, p. 1 ). EN 21  EN authorities in charge of controls on products entering the Union mark et organise 
themselves and perform their activities.  
(47) In addition to the framework of controls established by Chapter VII of Regulation 
(EU) 2019/1020, customs authorities should be able to automatically verify that a 
product passport exists for impor ted detergents and surfactants subject to this 
Regulation in order to  strengthen  the controls  at the Union’s  external borders and 
prevent non -compliant detergents and surfactants from entering the Union market . 
(48) When detergents and surfactants  coming f rom third countries are presented for release 
for free circulation, customs should ensure that the reference of a product passport is 
made available to customs authorities by the economic operator and that this reference 
corresponds to a unique product ide ntifier that is stored in the product passport registry 
established by the Commission under [Article 12 of Regulation (EU) …/… on 
Ecodesign for Sustainable Products].  The interconnection between this registry and 
the customs IT system as provided for in [ Article 13 of Regulation (EU) …/… on 
ecodesign requirements for sustainable products] should allow for automatic 
verification of the product passport presented  to customs for that detergent or 
surfactant , so as to ensure that only detergents and surfactants  with a valid reference to 
a unique product identifier as included in the registry are released for free circulation.   
(49) Where other information in addition to the unique product identifier and the unique 
operator identifier is stored in the product passport registry established under [Article 
12 of Regulation (EU) …/… on Ecodesign for Sustainable Products], the Commission 
should be able to provide  in a delegated act, that customs authorities are allowed to  
verify the consistency between this additional information and the information made 
available by the economic operator to customs, in order to improve the compliance of 
detergents and surfactants  placed under the customs procedure of release for free 
circulation with this Regulation . 
(50) The information included in the product passport may allow customs authorities to 
enrich and facilitate risk management and enable the better targeting of controls at the 
Union’s  external borders. Therefore, customs authorities should be able to retrieve and  
use the information included in the product passport and the related registry for 
carrying out their tasks in accordance with Union legislation including  for risk 
management in accordance with Regulation (EU) No 952/2013.  
(51) It is appropriate to provide  for the publication of a notice in the  Official Journal of the 
European Union  indicating the date 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 in order to facilitate public access to that information.  
(52) The automatic verification by customs of the product passport reference for detergents 
and surfactants entering the Union market shou ld not replace or modify the 
responsibilities of the market surveillance authorities but only complement the overall 
framework for controls on products entering the Union market. The market 
surveillance authorities should, in line with Regulation (EU) 2019 /1020, carry out 
checks of the information contained in products passports, checks on products within 
the market and, in case of suspension of release for free circulation by the authorities 
designated for controls at Union’s external borders, determine th e compliance  and 
serious risks of products pursuant to Chapter VII of Regulation (EU) 2019/1020.  EN 22  EN (53) Market surveillance is an essential instrument inasmuch as it ensures the proper and 
uniform application of Union legislation. Regulation (EU) 2019 /1020 s ets out the 
framework for market surveillance of products subject to Union harmonisation 
legislation. Member States should therefore organise and carry out market surveillance 
of detergents and surfactants in accordance with that Regulation.  
(54) Regulati on (EU) 2019/1020 already applies to detergents and surfactants, since 
Regulation (EC) No 648/2004 is listed in its Annex I. However, in order to ensure 
legal certainty, it is necessary to clarify that rules on internal market surveillance and 
control of p roducts entering the internal market provided for in Regulation (EU) 
2019/1020 also apply to detergents and surfactants covered by this Regulation. This 
Regulation should not prevent Member States from choosing the competent authorities 
to carry out those tasks.  Regulation (EU) 2019/1020 should therefore be amended to 
include a reference to this Regulation.  
(55) Regulation (EC) No 648/2004  provide d for a safeguard procedure allowing the 
Commission to examine the justification for a measure taken by a Member State 
against detergents and surfactants  considered to constitute a risk. In order to increase 
transparency and to reduce processing time, it is  necessary to improve the previous 
safeguard procedure, with the view to making it more efficient and drawing on the 
expertise available in Member States.  The previous system should be replaced by a 
procedure under which interested parties are informed of measures intended to be 
taken with regard to detergents and surfactants  presenting a risk to health  or the 
environment. Market surveillance authorities  should be allowed , in cooperation with 
the relevant economic operators, to act at an early stage in resp ect of such  detergents 
and surfactants . The Commission sh ould, by means of implementing acts and, given 
their special and technical nature, acting without the application of Regulation (EU) 
No 182/2011,  determine whether a national measure in respect of a detergent or 
surfactant presenting a risk is justified.   
(56) Experience with Regulation (EC) No 648/2004 has shown that detergents and 
surfactants which were compliant with the applicable requirements have in specific 
cases posed a risk to health or the e nvironment. Provisions should be made to ensure 
that market surveillance authorities take action against any detergent or surfactant 
presenting a risk to health or the environment, even when compliant with the legal 
requirements. The Commission should, by means of implementing acts and, given 
their special and technical nature, acting without the application of Regulation (EU) 
No 182/2011,  determine whether a national measure in respect of compliant detergents 
or surfactants which a Member State finds to po se a risk to health and safety of 
persons or the environment is justified .  
(57) In order to take into account technical and scientific progress or new scientific 
evidence, and the level of digital readiness, the power to adopt acts in accordance with 
Article 290 of the Treaty on the Functio ning of the European Union should be  
delegated to the Commission in respect of further supplementing the general 
requirements on digital labelling; amending  the labelling information that  may be 
provided in digital f ormat only; amending  the limit of the allergenic fragrances when 
individual risk -based concentration limits for fragrance allergens are established under 
Regulation (EC) No 1223/2009; amending  the existing biodegrad ability requirements 
to introduc e biodegradability requirements for substances and mixtures other than 
surfactants  in detergents (including detergent  capsules) when new scientific evidence 
so requires ; and amending Annexes I to VI I. The Commission should also be 
empowered to  amend the specific information that should be included in the product EN 23  EN passport, as well as the information to be included in the Commission registry. 
Moreover, the Commission should be empowered to supplement this Regulation by 
determining the additional i nformation stored in the registry to be controlled by 
customs authorities . In addition, in order to  facilitate the work of customs authorities 
in relation to detergents and s urfactants  and the requirements set out in this 
Regulation , the Commission should be empowered to adopt delegated acts 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 updati ng such Annex . 
(58) When adopting delegated acts under this Regulation, it is of particular importance that 
the Commission carry out appropriate consultations during its preparatory work, 
including at expert level, and that those consultations be conducted  in accordance with 
the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better 
Law-Making39. In particular, to ensure equal participation in the preparation of 
delegated acts, the European Parliament and the Council receive all documents at the 
same time as Member States’ experts, and their experts systematically have access to 
meetings of Commission expert groups dealing with the preparation of delegated acts.  
(59) In order to ensure uniform conditions for the implementation of this Regulation, 
implementing powers should be conferred on the Commission  to establish the detailed 
technical requirements for the product passport for detergents and surfactants . Those 
powers should be exercised in accordance with Regulation (EU) No 182/ 2011 of the 
European Parliament and of the Council40. 
(60) In view of the need to ensure a high level of human health and environmental 
protection and the need to take into account new developments based on scientific 
facts, the Commission should submit to the European Parliament and to the Council a 
report on the application of this Regulation. The Commission should in its report 
assess inter alia  if this Regulation is achieving its objectives, taking into account the 
impact s on small and medium -sized enter prises.  
(61) In order to ensure a high level of protection of health and the environment , foster 
innovation and boost competit iveness , the Commission should assess  the safety 
requirements for detergents containing micro -organisms and the possibility to allow  
the use of new micro -organisms or strains of micro -organisms in detergents . 
(62) This Regulation introduces the possibility of providing all or part of the mandatory 
labelling requirements only in digital labels in certain situations  and requires the  
creation of a digital product passport for detergents and surfactants. It is, therefore,  
necessary to  provide for sufficient time for economic operators to comply with their 
obligations under this Regulation, for Member States to set up the administrative  
infrastructure necessary for its application  and for the Commission to prepare the 
implementation of the product passport’s technical requirements . Consequently, t he 
application of this Regulation should be deferred to a date where those preparations  
can reasonably be finalised .  
(63) In order to ensure legal certainty and to prevent waste, economic operators need to be 
able to sell stock that is either  in the distribution chain  or in storage at the date of 
                                                 
39 OJ L 123, 12.5.2016, p. 1.   
40 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 imp lementing powers (OJ L 55, 28.2.2011, p. 13)  EN 24  EN application of this Regulation.  It is, therefore,  necessary to provide for transitional 
arrangements that allow the making available on the market of detergents and 
surfactants that have been placed on the market in accordance with Regulation (EC) 
No 648/2004 before the date of application of this Regula tion without those products 
having to comply with product requirements  laid down by this Regulation .  
Distributors should therefore be able to supply detergents and surfactants that have 
been placed on the market, namely stock that is already in the distri bution chain, 
before the date of application of this Regulation.   
(64) Transitional arrangements  should also be made that allow the placing on the market of 
detergents and surfactants that at the date of application of this Regulation are not yet 
in the di stribution chain without those products  having to comply with the 
requirements laid down by this Regulation, provided that at the time of their placing 
on the market they are still compliant with Regulation (EC) No 648/2004.  
Manufacturers and importers s hould therefore be able to place on the market 
detergents and surfactants, namely stock that is not yet in the distribution chain, after 
the date of application of this Regulation.  
(65) Since the objective of this Regulation, namely to guarantee the function ing of the 
internal market while ensuring that detergents and surfactants on the market fulfil the 
requirements providing for a high level of protection of health and the environment, 
cannot be sufficiently achieved by the Member States but can rather, by reason of its 
scale and effects, be better achieved at Union level, the Union may adopt measures, in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on 
European Union. In accordance with the principle of proportionality,  as set out in that 
Article, this Regulation does not go beyond what is necessary in order to achieve that 
objective , 
 
HAVE ADOPTED THIS REGULATION:  
CHA PTER I   
GENERAL PROVISIONS  
Article 1  
Subject matter   
1. This Regulation establishes rules  for the free movement of detergents and surfactants  
in the internal  market while, at the same time, ensuring a high degree of protection of 
health and the environment.  
2. This Regulation does not affect the application of  the following legal acts :  
(a) Regulation (EC) No 1907/2006 of the European Parliament and of the 
Council41; 
                                                 
41 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
establishing a Europ ean Chemicals Agency, amending Directive 1999/45/EC and repealing Council 
Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council 
Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 
2000/21/EC  (OJ L 396, 30.12.2006, p. 1).  EN 25  EN (b) Regulation (EC) No  1272/2008 of the European Parliament and of the 
Council42; 
(c) Regulation (EU) No 528/2012 of the European Parliament and of the 
Council43.  
 
Article 2  
Definitions  
For the purpose of this Regulation , the following definitions apply : 
(1) ‘detergent’ means  any of the following : 
– a substance, mixture or micro-organism , or two or more such materials  in 
combination,  which is intended for cleaning  of fabrics, dishes or surfaces ; 
– a mixture  intended for soaking (pre -washing), rinsing or bleaching fabrics  or 
dishes ; 
– a mixture intended to modify the feel of fabrics in processes which are to 
complement the washing of fabrics ; 
(2) ‘consumer  laundry detergent’ means a detergent for laundry placed on the market for 
use by non-professionals , including in public laundrettes ; 
(3) ‘consumer automatic dishwasher detergent’ means a detergent placed on the market 
for use in automatic dishwashers by n on-professionals ; 
(4) ‘detergent containing micro -organisms’ means a detergent in which one or more 
micro -organisms has been intentionally added, either on its own or via one of the 
components of the detergent ; 
(5) ‘professional  detergent’ means a detergent for cleaning outside the domestic sphere, 
carried out by specialised personnel using specific products ; 
(6) ‘cleaning’ means the process by which an undesirable deposit is dislodged from a 
substrate or from within a substrate and brought into a state of solution or dispersion ;  
(7) ‘substance’ means a substance as defined in Article 3 , point (1),  of Regulation (EC) 
No 1907/2006 ; 
(8) ‘mixture’ means a mixture as defined in Article 3 , point (2), of Regulation (EC) No 
1907/2006 ;  
(9) ‘micro-organism’  means a micro -organism as defined in Article 3(1) , point (b), of 
Regulation (EU) No 528/2012 ; 
(10) ‘genetically modified micro -organism s’ means micro -organism s in which the genetic 
material has been altered  using gene or cell technology or in any other way that does 
not occur naturally  by mating or natural recombination . 
                                                 
42 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 
classification, labelling and packaging of substances and mixtures, amending and repealing Directives 
67/548/EEC and 1999/45/ EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 
1). 
43 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 
concerning the making available on the market and use of biocidal products OJ L 167, 27.6 .2012, p. 1).  EN 26  EN (11) ‘surfactant’ means any organic substance  or mixture  used in detergents, which has 
surface -active properties and which consists of one or more hydrophilic and one or 
more hydrophobic groups of such a nature and size that it is capable  to perform  all of  
the following actions :  
– to reduc e the surface tension of water  below 45 mN/m ;   
– to form spreading or adsorption monolayers at the water -air interface ;  
– to form emulsions and/or microemulsions and/or micelles ;  
– to adsorpt at water -solid interfaces ; 
(12) ‘ultimate aerobic biodegradation’ means the level of biodegradation achieved when 
the substance or mixture  is totally used by micro -organism s in the presence of 
oxygen resulting in its breakdown to carbon dioxide, water and mineral salts of any 
other elements present, as measured by test methods listed in Annex I, and new 
microbial cellular constituents ; 
(13) ‘making  available on the market’ m eans any supply for distribution, consumption or 
use on the Union market in the course of a commercial activity, whether in return for 
payment or free of charge ; 
(14) ‘placing on the market’ means the first making available on the Union market ;  
(15) ‘manufacturer’ means any natural or legal person s that manufacture or ha ve a 
detergen t or a surfactant  designed or manufactured, and place  that detergent or 
surfactant  on the market unde r their name or trademark ; 
(16) ‘authorised representative’ means any na tural or legal person s established within the 
Union that have received a written mandate from a manufacturer to act on their 
behalf in relation to specified tasks ; 
(17) ‘importer’ means any natural or legal person s established within the Union that place 
a detergent or surfactant  from a third country on the Union market ;  
(18) ‘distributor’ means any natural or legal person s in the supply chain, other than the 
manufacturer or the importer, that make a detergent or surfactant  available on the 
market ;  
(19) ‘economic operator’ means the manufacturer, the authorised representative, the 
importer or the distributor ; 
(20) ‘market surveillance’ means the activities carried out and measures taken by market 
surveillance authorities to ensure that products comply with the requirements set out 
in this Regulation ;  
(21) ‘market surveillance authority’ means a market surveillance authority  as defined i n 
Article 3, point 4, of Regulation (EU) 2019/1020 ; 
(22) ‘recall’ means  a recall as defined Article 3 , point 22,  of Regulation (EU) 2019/1020 ; 
(23) ‘withdrawal’ means a  withdrawal as defined in Article 3 , point 23,  of Regulation 
(EU) 2019/1020 ; 
(24) ‘CE mark ing’ mean s a marking by which the manufacturer  indicates that the 
detergent is in conformity with the applicable requirements set out in Union 
harmonisation legislation providing for its affixing;  
(25) ‘corrective measure’ means a measure as defined in Article 3, point 16, of Regulation 
(EU) 2019/1020;  EN 27  EN (26) ‘release for free circulation’ means the procedure laid down in Article 201 of 
Regulation (EU) No 952/2013;  
(27) ‘data carrier’ means a linear bar code symbol, a two -dimensional symbol or other 
automatic identification data capture medium that can be read by a device ; 
(28) ‘unique product identifier’ means a unique string of characters that allows the 
identification of a product and enables a web link to the product passport;  
(29) ‘unique operator identifier’ means a unique string of characters for the identification 
of economic operat ors involved in the value chain of products;  
(30) ‘customs authorities’ means customs authorities as defined in Article 5 , point 1, of 
Regulation (EU) No 952/2013;  
(31) ‘EU Customs Single Windo w Certificates Exchange System’ means the system 
referred to in Article 4 of the Regulation (EU) 2022/2399  of the European Parliament 
and of the Council 44; 
(32) ‘individual packaging ’ means pack aging  in which the detergent or surfactant is made 
available on the market  and which is intended  to accompany the content to the place 
of use ; 
(33) ‘refill’ means the operation  by which the detergent is filled in-store  from  a large 
container in the end-users’  own package  either  manually or through  automatic or 
semi -automatic equipment ; 
(34) ‘batch’ means a defined quantity of finished  product s that meets  the following 
conditions:  
– is produced in a single  manufacturing process or a series of processes  during 
the same manufacturing cycle ; 
– is intended to have a uniform composition when tested in accordance with the 
same test methods; and  
– is clearly defined by a type number, batch number or other element allowing its 
identification .  
(35) ‘end-user’ means any natural or legal person residing or established in the Union, to 
whom a  detergent or surfactant has been made available either as a consumer outside 
of any trade, business, craft or profession or as a professional end -user in the course 
of its in dustrial or professional activities . 
                                                 
44 Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 
establishing the European Union Single Window Environment for Customs and amending Regulation 
(EU) No 952/2013  (OJ L 317, 9.12.2022, p. 1 ). EN 28  EN  
CHAPTER I I 
PRODUCT REQUIREMENTS  
Article 3 
Free movement  
1. Detergents and surfactants may only be placed on the market  if they compl y with this 
Regulation . 
2. Member States shall not prohibit, restrict or impede the placing on the market of 
detergents  or surfactants which comply with this Regulation.  
 
Article 4 
Biodegradability  
1. Detergents and surfactants shall comply with the biodegradability requirements laid 
down in Annex I.  
2. Paragraph 1  shall not apply to  the following:  
(a) surfactants that are active substances within the meaning of  Article 3(1), point 
(c), of Regulation (EU) No 528/2012 and that are used as disinfectants where  
they meet any of the following conditions:  
(i) the surfactants are included in  the Union list of approved active 
substances as laid down  in Article 9(2) of Regulation (EU) No 528/2012 ;  
(ii) the surfactants  are included in  the review progr amme as set out in 
Commission Delegated Regulation (EU) No 1062/201445;  
(b) surfactants that are constituents of biocidal products authorised in accordance 
with Regulation (EU) No 528/2012;  
(c) surfactants that are constituents of biocidal products and which  may be made 
available on the market or used in accordance with Article 89(2) of Regulation  
(EU) No 528/2012 .  
 
Article 5 
Detergents containing micro -organism s 
Detergents containing micro -organism s shall comply with the requirements laid down in 
Annex II.  
 
Article 6 
Limitations on the content of phosph ates and other phosphorus compounds   
                                                 
45 Commi ssion Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for 
the systematic examination of all existing active substances contained in biocidal products referred to in 
Regulation (EU) No 528/2012 of the European Parliament and of  the Council (OJ L 294, 10.10.2014, p. 
1). EN 29  EN Detergents listed in Annex III shall comply with the limitations on the content of phosphates 
and other phosphorus compounds laid down in that Annex.   
 
CHAPTER II I 
OBLIGATIONS  OF ECONOMIC OPERATORS  
Article 7 
Obligations of  manufacturers  
1. When placing detergents or surfactants on the market, manufacturers shall  ensure 
that those detergents or surfactants  have been designed and manufactured in 
accordance with this Regulation .  
2. Manufacturers shall draw up the technical documentation referr ed to in Annex IV 
and carry out the conformity assessment procedure referred to in that Annex .  
Where compliance of a detergent or surfactant with the applicable requiremen ts has 
been demonstrated by the  procedure  referred to in the first subparagraph , 
manufacturers shall :  
(a) create a product passport in accordance with Article 18 ,  
(b) ensure that the data carrier is printed or otherwise placed on the label or on the 
packaging of the detergent or surfactant in a visible and legible manner in 
accordanc e with Article 18(3) ,  
(c) where relevant, affix the CE marking  in accordance with  Article 14, 
(d) before placing detergents or surfactants on the market , manufacturers shall 
include a reference of the product passport in the registry referred to in Article  
20(1).  
3. Manufacturers shall keep the technical documentation and the product passport for 
10 years after the detergent or the surfactant covered by that documentation or 
product passport has been placed on the market.  
4. Manufacturers shall ensure that procedures are in place for series production to 
remain in conformity. Changes in product design or characteristics and changes in 
the test methods by reference to which conformity of a product is declared shall be 
adequately taken into account . 
When deemed appropriate with regard to the performance of, or the risks presented 
by, a detergent or surfactant, manufacturers shall carry out sample testing of such 
detergents or surfactants, investigate, and, if necessary, keep a register of complaints , 
of non -conforming detergents or surfactants and recalls  of such detergent or 
surfactants, and shall keep distributors informed of any such monitoring.  
5. Manufacturers placing on the market detergents or surfactants shall ensure that the y 
comply with the  labelling requirement s laid down in Articles 15 , 16 and  17. 
6. Manufacturers placing on the market detergents that do not meet the criteria for 
classification as hazardous within the meaning of Regulation (EC) No  1272/2008, 
shall provide to Member States’  appointed bodies referred to in Article 45 of that 
Regulation, the ingredient datasheet referred to in point 2.2  (e) of Annex I V. EN 30  EN Manufacturers shall provide the ingredient data sheet  to the Member States’ 
appointed bodies referred to in the first subparagraph in the following cases:  
(a)  upon request from the Member States’ appointed bodies ; 
(b) when the detergent for which a data shee t has already been requested no 
longer corresponds to the information included in that datasheet.   
The appointed bo dy referred to in the first subparagraph and the medical personnel to 
which the information contained in the datasheet  has been provided  shall ke ep it 
confidential  and use it for medical purposes only.   
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 measures necessary to bring that detergent or 
surfactant into conformity, to withdraw it or to recal l 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 natio nal 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 
measures taken.  
8. Manufacturers shall, further to a reas oned request from a competent national 
authority, provide it with all the information and documentation, in paper or 
electronic form, necessary to demonstrate the conformity of the detergent or 
surfactant with this Regulation, in a language which can be ea sily understood by that 
authority. 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.  
 
Article 8 
Authorised representative  
1. Manufacturer s may, by a written mandate,  appoint an authorised representative .  
2. Where the manufacturer is not established in the Union , the detergent or surfactant  
may only be placed on the Union market if the manufacturer designates , by a written 
mandate, an authorised representative . 
3. An authorised representative shall perform the tasks specified in the mandate 
received from the manufacturer. The authorised representative shall provide a copy 
of the mandate to the competent authority, upon reque st.  
The mandate shall allow the authorised representative to do at least the following:  
(a) verify that the product passport has been created  in accordance with Article 
7(2), point (a) , that the technical documentation has been drawn up and the 
conformity  assessment procedure has been carried out by the manufacturer  in 
accordance with Article 7(2) ;  
(b) keep the product passport and technical documentation at the disposal of 
national marke t surveillance authorities for 10  years after the detergent or 
surfactant  covered by those documents has been placed on the market;  EN 31  EN (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 det ergent or surfactant  with the requirements laid down 
in this Regulation ; 
(d) cooperate with the competent national authorities, at their request, on any 
action taken to eliminate the risks posed by a detergent or surfactant  covered 
by the authorised repres entative’s mandate.  
(e) terminate the mandate if the manufacturer does not comply with  the 
obligations of the manufacturer under this Regulation.  
4. The obligations laid down in Article 7(1) and the obligation to draw up technical 
docume ntation referred t o in Article 7 (2) shall not form part of the authorised 
representative’s mandate.   
 
Article 9 
Obligations of importers  
1. Importers shall place only compliant detergents or surfactants  on the market.  
2. Before placing a detergent or surfactant on the market importers shall ensure the 
following:  
(a) the manufacturer has carried out the conformity assessment procedure and 
drawn up the technical documentation referred to in  Article 7(2) ;  
(b) the detergent bears the CE marking referred to in Article 1 4;  
(c) the manufacturer has created the product passport referred to in Article 7(2); 
(d) the relevant information on the product passport has been included in the 
registry referred to in  Article 20( 1); 
3. Where an importer considers or has reaso n to believe that a detergent or surfactant  is 
not in conformity with this Regulation, the importer shall not place the detergent or 
surfactant  on the market until it has been brought into conformity. Furthermore, 
where the detergent or surfactant  presents a risk to health or to the environment, the 
importer shall inform the manufacturer and the market surveillance authorities to that 
effect.  
4. Importers shall indicate their name, registered trade name or registered trade mark 
and the postal and em ail address 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.   
5. Importers shall ensure that detergents and surfactant s that they place on the market 
comply with the labelling requirements laid down in Articles 15 , 16 and  17. 
6. Importers shall ensure that, while a detergent or surfactant  is under their 
responsibility, its storage or transport conditions do not jeopardise  its compliance 
with this Regulation . 
7. When deemed appropriate with regard to the performance of a detergent or surfactant  
or the risks presented by  them , importers shall carry out sample testing of such 
detergents and surfactants , investigate, and, if necessary, keep a register of 
complaints, of non -conforming detergents and surfactants  and recalls of such EN 32  EN detergents and surfactants , and shall keep distributors informed of any such 
monitoring.  
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 take the corrective measures necessary to bring that detergent or 
surfactant  into conformity,  to withdraw it or to recall it, as appropriate. Furthermore, 
where importers consider o r 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 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 
measures taken.  
9. Importers shall keep the reference to the unique product identifier   at the  disposal of 
the market surveillance authorities for a period of 10 years after the detergent or 
surfactant has been placed on the market  and shall  ensure that the technical 
documentation can be made available to those authorities, upon request.  
10. Importers shall, further to a reasoned request from a competent national authority, 
provide it with all the information and documentation, in paper or el ectronic form, 
necessary to demonstrate the conformity of the detergent or surfactant  with this 
Regulation in a language which can be easily understood by that authority. They 
shall cooperate with that authority, at its request, on any action taken to elim inate the 
risks posed by a detergent or surfactant  which they have placed on the market.  
 
Article 10 
Obligations of distributors  
1. When making a detergent or surfactant  available on the market distributors shall act 
with due care in relation to the requir ements of this Regulation.  
2. Before making a detergent or surfactant available on the market distributors shall 
verify that the following  conditions have been met :  
(a) the detergent or surfactant is accompanied by the required documents and by a 
label that meets the requirements laid down  in Article s 15, 16 and 17 ; 
(b) the detergent bears the CE marking referred to in  Article 14;  
(c) the manufacturer  ha s complied with the requirements set out in Article 7(2) 
and (3) or, as applicable,  the importe r has complied with the requirements set 
out in Article 9(2) .  
3. Where a distributor considers or has reason to believe that a detergent or surfactant  is 
not in conformity with this Regulation, the distributor shall not make the detergent or 
surfactant  available on the market until it has been brought into conformity. 
Furthermore, where the detergent or surfactant  presents a risk to health or the 
environment, the distributor shall inform the manufacturer  and, where relevant, the 
authorised representativ e or the importer to that effect as well as the market 
surveillance authorities.  
4. Distributors shall ensure that, while a detergent or surfactant  is under their 
responsibility, its storage or transport conditions do not jeopardise its compliance 
with this Regulation . EN 33  EN 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 make sure that the corrective measures necessary to bring th at 
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 measures taken.  
6. Distributors shall, further to a reasoned request from a competent national authority, 
provide it with all the information and documentation, in paper or electronic form, 
necessary to demonstrate the confor mity of the detergent or surfactant with this 
Regulation. 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.  
 
Article 11 
Cases in which obligations of manufacturers apply to importers and distributors  
An importer or distributor shall be considered a manufacturer for the purposes of this 
Regulation and shall be subject to the obligations of the manufacturer under Article 7 where 
that importer or distributor places a detergent or surfactant  on the market under his or her 
name or trademark or modifies a detergent or surfactant  already placed on the market in such 
a way that compliance with this Regulation may be affected.  
 
Artic le 12 
Packaging and repackaging by importers and distributors  
Where an importer or distributor packages or repackages a detergent or surfactant  and is not 
subject to the obligations of the  manufacturer pursuant to Article 11, that importer or 
distributor , as applicable,  shall  have the following obligations : 
(a) to ensure that the packag e bears his or her name, registered trade name or registered 
trade mark and postal address preceded by the words ‘packaged by’ or ‘repackaged 
by’;  
(b) to ensure compliance with Articles 14  to 17; 
(c) to keep the reference to the unique product identifier at the disposal of the market 
surveillance authorities for 10 years after having made the detergent  or surfactant  
availabl e on the market.  
 
Article 1 3 
Identification of economic operators  
1. Economic operators shall, on request, identify the following to the market 
surveillance authorities:  
(a) any economic operator who has supplied them with a detergent or a surfactant ; 
(b) any economic operator to whom they have supplie d a detergent or a surfactant . EN 34  EN 2. Economic operators shall be able to provide the information referred to in paragraph  
1 for 10 years after they have been supplied with the detergent or surfactant  and for 
10 years after they have supplied the detergent or surfactant .  
 
CHAPTER I V 
CE MARKING AND LABELLING   
Article 14 
Rules and conditions for affixing the CE marking  
1. The CE marking shall be subject to the general principles set out in Article 30 of 
Regulation (EC) No 765/2008.  
2. The CE marking shall  be affixed visibly, legibly and indelibly before a detergent is  
placed on the market .  
The CE marking shall be affixed either to the label  or the packaging of a detergent 
or, where the detergent is  supplied in bulk , to a document accompanying the 
detergent . 
Where, in accordance with Article 16( 2), economic operator s may provide a digital 
label only, the CE marking shall be provided on the digital label.  
3. Member States shall build upon existing mechanisms to ensure correct application of 
the regime governing the CE marking and shall take appropriate action in the event 
of improper use of that marking.   
 
Article 15  
General  labelling requirements  
1. Detergents and surfactants that are made available on the market in  individual 
packaging or in a refill format shall be accompanied by a label .   
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 or the data carrier through 
which the digital label is accessible to the end -user.  
3. The label of detergent s and surfactants shall contain the following  information : 
(a) a type number, batch number or other element allowing their identification ; 
(b) the manufacturer’s name, registered trade name or registered trade mark a nd 
the postal and email address at which they  can be contacted. The postal address 
shall indicate a single point at which the manufacturer can be contacted ; 
(c) the name and trade name of the product;  
(d) the content of the detergent or surfactant in accordance with part A of Annex 
V; 
(e) instructions for use and special precautions, where necessary and relevant.  
The information referred to in point s (a), (b) and (c)  of the first subparagraph shall  
appear on all documents accompanying detergents  and surfactants  transported  in 
bulk.  EN 35  EN 4. In addition to the information referred to in paragraph 3, t he label  of consumer 
laundry detergents and consumer automatic dishwasher detergents shall  contain 
dosage in formation  in accordance with part B of Annex V.  
5. The information referred to in paragraph s 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. The label shall be accessible for 
inspe ction purposes whe re the detergent or surfactant is made available on the 
market.  
 
Article 16  
Forms of label ling 
1. Where detergents or surfactants are made available on the market, they shall be 
accompanied by the label elements set out  in Article 15 (3) and, where applicable,  
Article 15 (4) in the following form:  
(a) on a physical label;  
(b) on a digital label  and duplicated on a physical label .   
By way of derogation from point (b)  of the first subparagraph , the labelling elements 
set out  in part C of  Annex V do not have to be duplicated on the physical label.  In 
addition, 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 . 
2. By way of d erogation from paragraph 1, where  detergent s are made available on the 
market  directly to an end -user in a r efill format , the label elements  set out in Article 
15(3) and (4) may be p rovided in a digital label  only, with the exception of dosage 
information  for consumer laundry detergents  as set out in point 1 and 2  of part B of 
Annex V , which needs to be provided also on a physical label .  
 
Article 17 
Requirements for digital  labelling  
1. Where detergents and surfactants  carry  a digital label in accordance with A rticle  16, 
the following rules shall apply  to that label : 
(a) all label elements referred to in Article 15(3) and, where applicable,  Article  
15(4) shall be provided in one place and separated from other information;  
(b) the information on the digital label shall be searchable;   
(c) the information on the digital label shall be accessible to all users in the Union;  
(d) the digital label shall be acc essible free of charge, without the need for prior 
registration, download or installation of applications, or to provide a password;  
(e) the information on the digital label shall be presented in a way that addresses 
the needs of vulnerable groups and sup ports, as relevant, the necessary 
adaptations to facilitate access to the information by those groups;  
(f) the digital label shall be accessible through digital technologies widely used 
and compatible with all major operating systems and browsers;  EN 36  EN (g) when the digital label is available in more than one language, the choice of 
language shall not be conditioned on  the geographical location of the end -user;  
(h) the digital label shall remain available for a period of 10 years from the 
moment the detergen t 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 it, or for a longer period as required under other Union 
legislation covering the informati on that it contains ; 
(i) the information on the digital label shall be accessible via the data carrier.  
2. The data carrier shall be physically present on the detergent  or surfactant, their 
packaging or  the documentation accompanying them.  
In addition to the requirement in the first subparagraph, w here detergents and 
surfactants are made available on the market in a refill format, the data carrier shall 
be present on the refill station.  
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.  
3. Where economic operators provide a digital label, the data carrier shall be 
accompanied by  the statement ‘More comprehensive information on the product is 
available online’ or by a similar statement.  
4. Economic operators  providing a digital label 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.  
5. Economic operators providing a digital label shall provide the information present i n 
the digital label by other  means in any of the following cases:  
(a) upon oral or written request by the end -user;  
(b) when the digital label is temporarily unavailable, including at the time of 
purchase.   
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.  
 
CHAPTER V  
PRODUCT PASSPORT  
Article 18 
Product passport  
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.  
2. The product passport shall  meet the following requirements : 
(a) it shall correspond to a specific batch of the detergent or surfactant;  EN 37  EN (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;  
(c) it shall contain at least  the information  included in Annex VI ; 
(d) it shall be up-to date;   
(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;  
(f) it shall be accessible to end -users , market surveillance authorities, customs 
authorities, the Commission and other economic operators;  
(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;   
(h) it shall be accessible through a data carrier ; 
(i) it shall fulfil the specific and technical requirements laid down pursuant to 
paragraph 8 . 
3. The data carrier shall be physically present on the detergent or surfactant , their 
packaging  or the documentation accompanying the m, in accordance with  the 
implementing  act referred  to in paragraph 8.   
In addition to the requirement in the first subparagra ph, w here detergents and 
surfactants are made available on the market in a refill format, the data carrier shall 
be present on the refill station.  
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 sale s. 
4. Where economic operators provide a digital label, a single data carrier shall be used 
to access the product passport and the digital label.  
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.   
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.  
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 . 
8. By creating the product passport, the manufacturer shall assume the responsibility for 
the compliance of the detergent or surfactant with this Regulation.  
9. The Commission shall adopt an implementing act determining the specific and 
technical requirements related to the product passport for d etergents and surfactants. 
Those requirements shall set out  at least  the following:  EN 38  EN (a) the types of data carrier to be used;  
(b) the layout in which the data carrier shall be presented and its positioning;  
(c) the technical elements of the passport for w hich defined European or 
international standards shall be used;  
(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 ; 
Those implementing act s shall be adopted in accordance with the examination 
procedure referred to in Article 28(2).   
 
Article 1 9 
Technical design  and operation of the product passport  
The technical design and operation of the product passport shall comply with the following 
requirements:  
(a) product p assports created under this Regulation shall be fully interope rable 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;  
(b) all information included in the product passport shall be based on open  standards  
developed with an inter operable format and shall be machine readable, structured 
and searchable;  
(c) end-users , economic operators and other relevant acto rs shall have access to the 
product passport free of charge;  
(d) the data included in the product passpor t shall be stored by the economic operator 
responsible for its creation or by operators authorised to act on their behalf ;  
(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;  
(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 . 
 
Article 20 
Product passport registry  
1. Before placing a deterge nt 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 .  EN 39  EN 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.  
 
Article 21 
Customs controls relating to the product passport  
1. Detergents and surfactants  entering the Union market shall be subject to verifications 
and other measures laid down in this Article.  
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.   
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).  
4. In addition t o 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 re ferred to in Article 26(3).  
5. The verifications referred to in paragraph 3 and 4 shall take place electronically and 
automatically before the release for free circulation.  
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.  
7. Paragraphs 3 , 4 and  5 shall apply from the day when the in terconnection 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.  
The Commission shall publish a notice in the Off icial Journal of the European Union 
to that effect indicating the date when the  interconnection  becomes operational . 
8. Customs authorities may retrieve and use the information included in the product 
passport and the re gistry 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.  
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  detergent s and surfactant s are classified  
as well as the product descriptions of those detergents and surfactants . 
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 C hapter VII of Regulation (EU) 2019/1020.  
 EN 40  EN CHAPTER V I 
MARKET SURVEILLANCE   
Article 22 
Procedure at national level for dealing with detergents and surfactants presenting a risk  
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  or the 
environment, they shall carry out an evaluation in relation to the detergent or 
surfactant conce rned 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.  
2. Where  the market surveillance authorities of one Member State h ave sufficient 
reason to believe that a test carried out in accordance with the methods listed in 
Anne x 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 V II. 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 Regulatio n.  
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 re quire 
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 which is commensurate w ith the 
nature of the risk referred to in paragraph  1. 
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.  
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.  
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 ma king available on 
their national market  of the detergent  or surfactant , to withdraw the detergent or 
surfactant from that market or to recall it.  
The market surveillance authorities shall inform the Commission and the market 
surveillance authorities of other Member States, without delay, of those measures.  
The information referred to in the second subparagraph shall include all available 
details, in particular the data nec essary 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 .  EN 41  EN 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.  
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.  
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 surfac tant concerned without delay.  
10. Where, for the purpo ses 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.  
Article 23 
Union safeguard procedure  
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 au thorit y, 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.   
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.  
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.  
3. If the national measure is considered unjustified, the Member State concerned shall 
withdraw that measure.  
Article 24 
Compliant detergents and surfactants which present a risk  to health or to the 
environment  
1. Where, having carried out an evaluation under Article 22(1), a market surveillance 
authorit y 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 which is commensurate with the nature of that risk.  EN 42  EN 2. The economic operator shall ensure that corrective action is taken in respect of all the 
concerned detergents or surfactants  that the economic op erator has made available on 
the market throughout the Union.  
3. The market surveillance authorit y 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.  
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 nationa l 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.   
The Commission shall address its decision to all Member States and shall 
immediately communicate it to them and the relevant economic operator or 
operators.  
Article 25 
Formal  non-compliance  
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:  
(a) the CE marking has been affixed in violation of Article 14 or not affixed  at all ; 
(b) the product passport has not been drawn up in accordance with Article s 18 and 
19; 
(c) the technical documentation referred to in Article 7(2) is either not available or 
incomplete;  
(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 ; 
(e) the label has not been provided  or the labelling information referred to in 
Article s 15 and Annex V is false or incomplete;  
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.  
 EN 43  EN CHAPTER V II 
DELEGATED POWERS AND COMMITTEE PROCEDURE  
Article  26 
Delegated powers  
1. The Commission is empowered to adopt delegated acts in accordance with Article 2 7 
amending Annex V I, 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.  
2. The Commission is empowered to adopt  delegated ac ts in accordance with Article 
27, amending  Article 20(1)  by requir ing that additional information among the 
information  listed  in Annex VI  be stored in the registry . 
When adopting the delegated acts in accordance with the first sub paragraph, t he 
Commission shall take into account the following criteria:  
(a) coherence with other relevant Union acts where relevant ; 
(b) the need to allow for the verification of the authenticity of the product passport;  
(c) the relevance of information for improvin g the efficiency and effectiveness of 
market surveillance checks and customs controls for detergents and surfactants;  
(d) the need to avoid disproportionate administrative burden for economic 
operators.  
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.  
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 .  
5. The Commission is empowered to adopt delegated acts in accordance with Article 27 
amend ing Annex es I to VII to take into account scientific and technical progress.  
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 wi th Article 27 amending Annex I to lay down biodegradability 
criteria for those substances and mixtures and test methods to verify compliance with 
them.  
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.  
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 EN 44  EN Council46, 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 II I to that Regulation accordingly.  
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 supplemen t this Regulation,  by determining the 
specific requirements for the digital labelling of detergents. Those requirements shall 
at least establish the types of IT solution s, which economic operators may use, and 
the alternative means for providing the inform ation on the digital label , referred to in  
Article  17.  
When adopting the delegated act referred to in  the first subparagraph, the 
Commission shall take  into account the following  criteria : 
(a) coherence with other relevant Union acts where relevant ; 
(b) the need to encourage  innovation;  
(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 ;  
(d) the need for the digital labelling  not to compromise the safety of the end-users 
and the environment.  
(e) the level of digital readiness among all population groups in the Union.    
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 digitall y in accordance with Article 16, for the purposes 
of adap ting 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 protectio n of 
health and env ironment . 
Article  27 
Exercise of the delegation  
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  
2. The power to adopt delegated acts referred to in Article 26 shall be conferred on the 
Commission for a n indeterminate  period of time.  
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 specifie d 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.  
                                                 
46 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 
on cosmetic products (OJ L 342, 22.12.2009, p. 59).  EN 45  EN 4. Befor e adopting a delegated act, the Commission shall consult experts designated by 
each Member State in accordance with the principles laid down in the 
Interinstitutional Agreement of 13 April 2016 on Better Law -Making.  
5. As soon as it adopts a delegated act,  the Commission shall notify it simultaneously to 
the European Parliament and to the Council.   
6. A delegated act adopted pursuant to Article 26 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council  
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the Council have both informed the Commission that they will not object. That 
period shall be extended by two months at the initiative of the European Parliament 
or the Council.  
Article 28 
Committee procedure  
1. The Commission shall be assisted by the Committee  on detergents . That committee 
shall be a committee within the meaning of Regula tion (EU) No 182/2011.  
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 
182/2011 shall apply.  
 
CHAPTER VIII  
TRANSITIONAL AND FINAL PROVISIONS  
Article 29 
Penalties  
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. Membe r States shall , 
without delay , notify the Commission of those measures  and of any subsequent amendment 
affecting th em. 
Article 3 0 
Amendment of Regulation (EU) 2019/1020  
In Annex I of Regulation (EU) 2019/1020 , point 15 is replaced by the following :  
‘15. Regulation (EU) …/…  of the European Parliament and of the Council of  … on the 
making available on the market of detergents  and surfactants  (OJ L …)’ .  
Article  31 
Report  
By [OP: please insert the date = 5 years from  the date of  application  of this Regulation ], the 
Commission shall submit  to the European Parliament and to the Council a report on the 
application of this Regulation . The report shall contain  an assessment of how this Regulation  
is achieving  its objectives, including an assessme nt on the impact on small and medium -sized 
enterprises.  EN 46  EN Article 32 
Micro -organism s review  
By [OP: please insert the date = 3 years from  the date of  application  of this Regulation ], the 
Commission shall assess the effectiveness and relevance of the  requirements of this 
Regulation for detergents containing micro-organism s as well as the possibility to include  
new micro-organism s or strains of micro-organism s allowed in detergents in Annex II .  
Article  33 
Repeal of Regulation (EC) No 648/2004  
Regulation (EC) No 648/2004 is repealed.  
References to the repealed Regulation shall be construed as references to this Regulation  and 
read in accordance with the correlation table in Annex VIII. 
 
Article 3 4 
Transitional provisions  
Member States shall not impede the making available on the market of detergents and 
surfactants which are placed on the market before [ OP: please insert the date = 30 months 
from the date of entry into force of this Regulation ] in conformity with Regulatio n (EC) No 
648/2004 as applicable on … [OP: please insert the date = one day before 30 months  from 
the date of entry into force of this Regulation ] 
Detergents  and surfactants which , are placed on the market after [OP: please insert the date of 
application =  one day before 30 months  from the date of entry into force of this Regulation ] 
and which at the moment of their placing on the market comply with Regulation (EC) No 
648/2004 as applicable on  [OP: please insert the date of application = one day before 30 
months  from the da te of entry into force of this Regulation ], may be made available on the 
market until [ OP: please insert the date = 3 6 months  from the  date of entry into force  of this 
Regulation ].  
Article 3 5 
Entry into force and application  
This Regula tion shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
This Regulation shall apply as of [ OP: please insert the date = 30 months  from the date of 
entry into force of this Regulation ]. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President