1973L0404 — EN — 05.06.2003 — 002.001 — 1
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►B COUNCILDIRECTIVE
of22November1973
ontheapproximationofthelawsoftheMember Statesrelatingtodetergents
(73/404/EEC)
(OJ L 347, 17.12.1973, p. 51)
Amended by:
Official Journal
No page date
►M1Council Directive of 31 March 1982 (82/242/EEC) L 109 1 22.4.1982
►M2Council Directive of 10 March 1986 (86/94/EEC) L 80 51 25.3.1986
►M3Council Regulation (EC) No 807/2003 of 14 April 2003 L 122 36 16.5.2003
Corrected by:
►C1Corrigendum, OJ L 195, 18.7.1974, p. 35 (73/404/EEC)
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COUNCILDIRECTIVE
of22November1973
on the approximationof the lawsofthe Member States relating to
detergents
(73/404/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100 thereof; (SIC! thereof,)
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament (
1); (SIC!(2)
Parliament,)
Having regard to the Opinion of the Economic and Social
Committee (3); (SIC!(4) Committee,)
Whereas the laws inforce inthe Member States for en surin g the biode-
gradability of surfactants differ from one Member State to another,which results in a hindrance to trade;
Whereas the increasing use of detergents is one of the causes of pollu-
tion of the natural environment in general and the pollution of waters
inparticular;
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 oxygenation difficult, causes inconvenience tonavigation, impairs the photosynthesis necessary to the life of aquaticflora, exercises an unfavourable influence on the various stages ofprocesses for the purificationof waste waters, causes damage to wastewater purification plants and constitutes an indirect microbiological
risk due to the possible tranference (SIC! transference) of bacteria and
viruses;
Whereas it is desirable to maintain an average level of biodegradability
of detergents of 90% and whereas technology and industrial practical-ities make this possible, and whereas it is desirable nevertheless tosafeguard against uncertainties of test methods which could lead torejection decisions having important economic consequences,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, detergent shall ►C1meanan y
product the composition ◄of which has beenspecially studied with
a view to developing its detergent properties, and which is made upof essential constituents (surfactants) and, in general, additional consti-tuents (adjuvants, intensifying agents, fillers additives and other
auxiliary constituents).
Article 2
Member States shall prohibit the placing on the market and use of
detergents where the average level of biodegradability of the surfac-
tants 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 biodegradability of not
less than 90% must not, under normal conditions of use, be harmful tohumanor an imal health.1973L0404 — EN — 05.06.2003 — 002.001 — 2
(1) OJ No C 10, 5. 2. 1972, p. 29
(2) OJ No C 10, 5. 2. 1972, p. 29.
(3) OJ No C 89, 23. 8. 1972, p. 13.
(4) OJ No C 89, 23. 8. 1972, p. 13.
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Artide 2a
1. Until 31 December 1989, Member States may, exempt the
following products from the requirements of the first paragraph ofArticle 2:
(a) low-foaming alkene oxide additives on such substances as alcohols,
alkylphenols, glycols, polyols, fatty acids, amides or amines, used
indish-washin g 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 surfac-
tants which come on the market after 30 September 1983 only if they
have a higher level of biodegradability thanexistin g 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 normalconditions of use, be harmful to human or animal health.
Article 3
No Member State may, ongroun ds of the biodegradability or toxicity
of surfactants, prohibit or restrict or hinder the placing on the marketand use of detergents which comply with the provisions of this Direc-tive.
Article 4
Compliance with the requirements of Article 2 shall be established by
the methods of testing provided for in other Council Directives, whichtake due account of the unreliability of such methods and lay down therelevant tolerances.
Article 5
1. If a Member State should establish, by test procedures carried out
onthe basis of the Directives referred to inArticle 4, that a detergen t
does not comply with the requirements laid down in Article 2, the
Member State shall prohibit the placing on the market and use of thatdetergent 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 decision and details of the tests referred to in paragraph1.
If the State from which the detergent comes raises objections to the
decision, the Commission shall consult without delay both the MemberStates concerned and, if appropriate, 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 forin the first subparagraph obtain the opinion of one of the laboratoriesreferred to in Article 6, but not one of the laboratories notified by thetwo Member States concerned under that Article.
The opinion shall be issued using the reference methods laid down in
the directives referred to inArticle 4.
The Commission shall transmit the opinion of the laboratory to the
Member States concerned which may, within one month, forward theircomments to the Commission. The Commission may at the same timehear any comments from the interested parties on that opinion.1973L0404 — EN — 05.06.2003 — 002.001 — 3
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After taking note of those comments, the Commission shall make any
necessary recommendations.
Article 6
Each Member State shall notify the other Member States and the
Commissionof the laboratory or laboratories authorized to carry outthe tests in accordance with the reference methods referred to in Article5 (2).
Article 7
1. The following Information must appear in legible, visible and
indelible characters on the packging (SIC! packaging) 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 accompanying
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 paragraph 1.
Article 7a
1. A Committee shall be established for the adaptationto techn ical
progress of Directives for removing technical barriers to trade in the
detergents sector, hereinafter called ‘the Committee’, which shallconsist of representatives of the Member States under the chairmanshipof a representative of the Commission.
Article 7b
1. The Commissionshall be assisted by the Commitee for the adap-
tation to technical progress of Directives for removing technical
barriers to trade inthe detergen ts sector.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion1999/468/EC (1) shall apply.
The period laid downinArticle 5(6) of Decision1999/468/EC shall be
set at three months.
3. The committee shall adopt its rules of procedure.
Article 7c
1. Inaccordan ce with the procedure laid downinArticle 7b,
— the references to test methods in the Directives referred to in
Article 4 shall, if necessary, be brought up to date or supplementedby other references to test methods established in other MemberStates,
— the reference methods (confirmatory test) in the Annexes to the
Directives referred to inArticle 4 shall be modified inorder to
adapt them to technical progress.
2. These adaptations should not have the effect of modifying in a
negative fashion the biodegradability requirements of surfactants,already laid downinaccordan ce with Article 4.1973L0404 — EN — 05.06.2003 — 002.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.▼M1
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Article 8
1. Member States shall put into force the laws, regulations and
administrative provisions necessary for compliance with this Directive
within eighteen months of its notification and shall forthwith inform
the Commissionthereof.
2. Member States shall ensure that the texts of the main provisions
of national law in the field covered by this Directive are communicatedto the Commission.
Article 9
This Directive is addressed to the Member States.1973L0404 — EN — 05.06.2003 — 002.001 — 5