73/404/EEC - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COUNCIL DIRECTIVE
of 22 November 1973
on the approximation of the laws of the Member States relating to detergents
(73/404/EEC)
(OJ No L 347, 17. 12. 1973, p. 51.)
Amended by:
Official Journal
No page date
Council Directive of 31 March 1982 (82/242/EEC) L 109 1 22. 4. 1982
Council Directive of 10 March 1986 (86/94/EEC) L 50 51 25. 3. 1986
Corrected by:
C1 Corrigendum, OJ No L 195, 18. 7. 1974, p. 35 (73/404/EEC)
73/404/EEC - - - I
ICOUNCIL DIRECTIVE
of 22 November 1973
on the approximation of the laws of the Member States relating to detergents
(73/404/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community, and in particular Article 100 there-
of; (SIC! thereof,)
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parlia-
ment (
1); (SIC! (1) Parliament,)
Having regard to the Opinion of the Economic and Social
Committee (2); (SIC! (2) Committee,)
Whereas the laws in force in the Member States for ensur-
ing the biodegradability of surfactants differ from one
Member State to another, which results in a hindrance totrade;
Whereas the increasing use of detergents is one of the
causes of pollution of the natural environment in general
and the pollution of waters in particular;
Whereas one of the pollutant effects of detergents on
waters, namely the formation of foam in large quantities
restricts contact between water and air, renders oxygen-
ation difficult, causes inconvenience to navigation, impairs
the photosynthesis necessary to the life of aquatic flora,
exercises an unfavourable influence on the various stages
of processes for the purification of waste waters, causes
damage to waste water purification plants and constitutes
an indirect microbiological risk due to the possible tranfer-
ence (SIC! transference) of bacteria and viruses;
Whereas it is desirable to maintain an average level of
biodegradability of detergents of 90% and whereas tech-
nology and industrial practicalities make this possible, and
whereas it is desirable nevertheless to safeguard against
uncertainties of test methods which could lead to rejection
decisions having important economic consequences,
HAS ADOPTED THIS DIRECTIVE:
(1) OJ No C 10, 5. 2. 1972, p. 29.
(2) OJ No C 89, 23. 8. 1972, p. 13.
73/404/EEC - - - I
1Article 1
For the purposes of this Directive, detergent shall mean
any product the composition of which has been specially
studied with a view to developing its detergent properties,
and which is made up of essential constituents (surfactants)
and, in general, additional constituents (adjuvants, inten-
sifying agents, fillers additives and other auxiliary constitu-
ents).
Article 2
Member States shall prohibit the placing on the market
and use of detergents where the average level of biode-
gradability of the surfactants contained therein is less than
90% for each of the following categories: anionic, cationic,
non-ionic and ampholytic.
The use of surfactants with an average level of biodegrad-
ability of not less than 90% must not, under normal condi-
tions of use, be harmful to human or animal health.
Artide 2a
1. Until 31 December 1989, Member States may,
exempt the following products from the requirements of
the first paragraph of Article 2:
(a) low-foaming alkene oxide additives on such substances
as alcohols, alkylphenols, glycols, polyols, fatty acids,
amides or amines, used in dish-washing products;
(b) alkali-resistant terminally blocked alkyl and alkylaryl
polyglycol ethers and substances of the type referred
to in subparagraph (a), used in cleaning agents for
the food, beverage and metal-working industries.
2. Paragraph 1 shall apply to the abovementioned non-ionic surfactants which come on the market after 30 Sep-
tember 1983 only if they have a higher level of biodegrad-
ability than existing products for the same application.
3. The use of the non-ionic surfactants benefiting from a
temporary derogation mentioned in paragraphs 1 and 2
must not, under normal conditions of use, be harmful to
human or animal health.73/404/EEC
C1, OJ No L 195, 18. 7. 1974, p. 35
82/242/EEC
86/94/EEC
82/242/EEC
73/404/EEC - - - I
2Article 3
No Member State may, on grounds of the biodegradability
or toxicity of surfactants, prohibit or restrict or hinder the
placing on the market and use of detergents which comply
with the provisions of this Directive.
Article 4
Compliance with the requirements of Article 2 shall be es-
tablished by the methods of testing provided for in other
Council Directives, which take due account of the unrelia-
bility of such methods and lay down the relevant toler-
ances.
Article 5
1. If a Member State should establish, by test pro-
cedures carried out on the basis of the Directives referred
to in Article 4, that a detergent does not comply with the
requirements laid down in Article 2, the Member State
shall prohibit the placing on the market and use of that
detergent in its territory.
2. In the event of that Member State taking the decision
to prohibit a detergent, it shall immediately inform the
Member State from which the product comes and the
Commission to that effect, stating the reasons for its deci-
sion and details of the tests referred to in paragraph 1.
If the State from which the detergent comes raises objec-
tions to the decision, the Commission shall consult withoutdelay both the Member States concerned and, if appropri-
ate, any other Member States.
If it is not possible to reach agreement, the Commission
shall, within three months from the date of receiving the
information provided for in the first subparagraph obtain
the opinion of one of the laboratories referred to in Ar-
ticle 6, but not one of the laboratories notified by the two
Member States concerned under that Article.
The opinion shall be issued using the reference methods
laid down in the directives referred to in Article 4.
The Commission shall transmit the opinion of the labora-
tory to the Member States concerned which may, within
one month, forward their comments to the Commission.
The Commission may at the same time hear any comments
from the interested parties on that opinion.
After taking note of those comments, the Commission
shall make any necessary recommendations.73/404/EEC
73/404/EEC - - - I
3Article 6
Each Member State shall notify the other Member States
and the Commission of the laboratory or laboratories auth-
orized to carry out the tests in accordance with the refer-
ence methods referred to in Article 5 (2).
Article 7
1. The following Information must appear in legible, vis-
ible and indelible characters on the packging (SIC! packag-
ing) in which the detergents are put up for sale to the
consumer:
(a) the name of the product,
(b) the name or trade name and address or trademark of
the party responsible for placing the product on the
market.
The same information must appear on all documents ac-
companying detergents transported in bulk.
2. Member States may make the placing on the market
of detergents in their territory subject to the use of their
national languages for the information specified in para-
graph 1.
Article 7a
1. A Committee shall be established for the adaptation
to technical progress of Directives for removing technical
barriers to trade in the detergents sector, hereinafter called
“the Committee ”, which shall consist of representatives of
the Member States under the chairmanship of a represen-
tative of the Commission.
2. The Committee shall establish its rules of procedure.
Article 7b
1. Where recourse is had to the procedure defined in
this Article, the matter shall be referred to the Committee
by its chairman, on his own initiative or at the request of
the representative of a Member State.
2. The Commission representative shall submit to the
Committee a draft of the measures to be taken. The Com-
mittee shall deliver its opinion on the draft within a period
which may be fixed by the chairman according to the ur-
gency of the matter. A qualified majority of votes as laid
down in Article 148 (2) of the T reaty shall be required
before the Committee can deliver its opinion.
The chairman shall not vote.73/404/EEC
82/242/EEC
73/404/EEC - - - I
43. (a) The Commission shall adopt the proposed mea-
sures where they are in accordance with the
opinion of the Committee.
(b) Where the proposed measures are not in accor-
dance with the opinion of the Committee, or if
no opinion is delivered, the Commission shall
submit to the Council without delay a proposal
on the measures to be adopted. The Council
shall decide by a qualified majority.
(c) If the Council has not acted within three months
of the date on which the proposal was submitted,
the proposed measures shall be adopted by the
Commission.
Article 7c
1. In accordance with the procedure laid down in Ar-
ticle 7b,
— the references to test methods in the Directives re-
ferred to in Article 4 shall, if necessary, be brought
up to date or supplemented by other references to
test methods established in other Member States,
— the reference methods (confirmatory test) in the An-
nexes to the Directives referred to in Article 4 shallbe modified in order to adapt them to technical prog-
ress.
2. These adaptations should not have the effect of modi-
fying in a negative fashion the biodegradability require-
ments of surfactants, already laid down in accordance with
Article 4.
Article 8
1. Member States shall put into force the laws, regula-
tions and administrative provisions necessary for com-
pliance with this Directive within eighteen months of its
notification and shall forthwith inform the Commission
thereof.
2. Member States shall ensure that the texts of the main
provisions of national law in the field covered by this Di-
rective are communicated to the Commission.
Article 9
This Directive is addressed to the Member States.82/242/EEC
73/404/EEC