COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT Accompanying the document 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
Date: 2023-04-28
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: EC conformity marking, biodegradability, consumer protection, free movement of goods, health risk, labelling, market approval, marketing standard, polishing and scouring preparations

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   EUROPEAN COMMISSION  Brussels, 28.4.2023  SWD(2023) 115 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT  Accompanying the document 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  {COM(2023) 217 final} - {SEC(2023) 170 final} - {SWD(2023) 113 final} - {SWD(2023) 114 final}  
 
 
Impact assessment on a 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 

Executive Summary Sheet 

What is the problem and why is it a problem at EU level? 

A. Need for action 

Regulation  (EC)  No  648/2004  on  detergents  (‘the  Detergents  Regulation’)  harmonises  the  rules  for  selling 
detergents  and  surfactants1  on  the  market.  It  sets  strict  biodegradability  requirements  for  surfactants, 
standardised  limits  for  phosphorus  in  consumer  laundry  and  automatic  dishwashers  and  specific  labelling 
requirements  to  inform  end  users  about  the  presence  of  certain  ingredients  in  detergents  (e.g.  allergenic 
fragrances) and allow them to make informed choices.  

Building on the findings of the detergents evaluation2, this impact assessment identifies two problems, namely:  

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 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  detergents:  Legislative  overlaps  between  the 
Detergents  and the  CLP Regulations3 often lead to the labelling  of the same substance twice or three 
times on the same label and sometimes under completely different names. A second overlap also exists 
between these pieces of EU legislation, namely a duplication in the 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 the CLP).  

What should be achieved?  

This initiative would help achieve a high level of protection for health and the environment, as well as continuing 
to ensure the effective functioning of the single market for detergents.  

More specifically, this initiative aims at clarifying and updating the rules, to: 

 

level the playing field and allow for innovative products and sustainable new practices,  

  provide optimised protection for health and the environment,  

 

 

reduce burden for detergent manufacturers, 

improve consumer understanding and awareness of labels, by simplifying and streamlining the existing 
labelling requirements in the Detergents Regulation.   

What is the value added of action at the EU level (subsidiarity)? 

The detergents evaluation concluded that the added value of having standardised rules for making available and 
placing on the market detergents was uncontested4.  

Regulatory action at EU level  will ensure a regulatory context that allows innovation for new types of products, 
new  marketing  techniques  and  new  labelling  technologies  across  the  single  market,  while  providing  the  same 
level of protection for health and the environment across the EU.  

B. Solutions 

What are the various options to achieve the objectives? Is there a preferred option or not? If not, why? 

1 Surfactants are surface-active agents that help break down the interface between water and oils and/or dirt. They are one of 
the main ingredients used in detergents. 
2 Evaluation of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, 
SWD(2019)298 
3 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 
4 Idem.  

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Besides the baseline scenario of no action, this impact assessment identifies 2 options (1a and 1b) to address 
problem 1 (new market developments not being accounted for) and 2 options (2a and 2b) to address problem 2 
(lack of efficient information requirements). 

Option 1a  

This would ensure that  consumers receive the  necessary information  when  buying refilled detergents  and that 
the rules are the same for all detergent 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.  

Option 1b  

This option 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 Regulation 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 microbes in detergents, labelling requirements, 
certain restrictions on the use of microbes and a review clause. 

Option 2a  

Under  this  option  the  ingredient  data  sheet  would  be  abolished  for  both  hazardous  and  non-hazardous 
detergents. The option further 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 provisions from the Detergents Regulation (sub-option 2).  

By  opting  for  digital  labelling,  manufacturers  would  also  benefit  from  the  possibility  of  providing  certain 
information only through the digital label. If mandatory principles for digital labelling were applied, manufacturers 
could put only digital labels on their products. 

Option 2b  

This  option  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 impact assessment identifies options 1b and 2b as the preferred combination of options. 

What are different stakeholders' views? Who supports which option? 

Option 2b is widely accepted by all stakeholders (including industry, public authorities and representatives of the 
civil society). The consultation activities have confirmed broad support for digitalisation of some label information 
and for maintaining the ingredient data sheet for non-hazardous detergents.  

In terms of sub-options to streamline the labelling requirements, the industry slightly preferred the elimination of 
duplicated  requirements  under  the  Detergents  Regulation  (sub-option  2)  but  also  showed  wide  support  for  the 
first  sub-option,  which  was  also  preferred  by  other  types  of  stakeholders,  notably  public  authorities  and 
representatives of civil society. 

Wide support was also received for facilitating and digitalising refill sales under option 1b. It should, however, be 
noted that business organisations and larger companies showed less support  for adding requirements for refill 
sales in the Detergents Regulation compared to other stakeholders such as small and medium-sized businesses 
(SMEs), NGOs, environmental and consumer organisations.  

Introducing  generic  criteria  for  the  risk  management  of  microbial  cleaning  products  was  not  widely  supported 
among the proposed risk management measures5.  

It  should,  however,  be  noted  that  industry  stakeholders  reported  that  introducing  requirements  for  microbial 

5 The introduction of labelling requirements under option 1a was the most preferred option 

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cleaning products in general under the Detergents Regulation would impose an unnecessary regulatory burden6. 

What are the benefits of the preferred option (if any, otherwise main ones)? 

C. Impacts of the preferred option 

The  preferred  options  are  expected  to  bring  benefits  in  terms  of  burden  reduction  and  cost  savings  for 
industry, as well as more readable detergents labels.  

They are also expected to reduce the burdens on companies in terms of the extensive and overlapping labelling 
requirements  under  the  wider  EU  regulatory  framework  applicable  to  detergents,  notably  by  eliminating  all 
duplications in the information requirements and by offering flexibility in providing some label information through 
a digital label.  

There  would  also  be  economies  of  scale  in  the  sense  that  the  physical  label  space  could  allow  for  more 
languages, meaning costs are saved in terms of distribution of sales, and the full potential of the  single market 
for detergents would be realised.  

Setting  standardised  criteria  and  clarifying  requirements  for  more  environmentally-friendly  products  (microbial 
cleaning  products)  and  sustainable  new  practices  will  facilitate  the  green  transition  while  ensuring  that 
innovation is not hampered.  

The  combination  of  options  1b  and  2b  further  ensures  a  high  level  of  protection  for  health  and  the 
environment. New risk management measures for microbial cleaning products will ensure that microbes used in 
detergents are safe both from a health and environmental perspective and will allow end users to make informed 
choices and better protect themselves if they have any prior sensitivity or vulnerability to the microbes. 

Targeted  and  simplified  use  instructions  on  the  label  will  further  allow  product  users  to  correctly  use  these 
products,  thus  providing  optimised  environmental  protection.  Furthermore,  specific  requirements  for  refill  sales 
will ensure that consumers receive all relevant safety and use information when buying refilled detergents and 
will promote a sustainable practice that has significant environmental benefits in terms of packaging waste.  

Allowing  some  of  the  labelling  information  to  be  provided  only  digitally  will  further  reduce  waste  ensuing  from 
disposal of unused label stock.  

Streamlining and simplifying the labelling requirements will  make detergent labels more readable and easier 
to  understand,  allowing  end  users  to  find  the  relevant  information  more  easily  and  quickly,  which  is  crucial, 
especially  in  the  event  of  an  accident.  Labelling  ingredients  only  once,  based  on  the  stricter  applicable  rules 
(option 2b, sub-option 1), will offer a higher level of health protection.  

Moreover,  the  introduction  of  optional  digital  labelling  will  on  one  hand  provide  additional  ease  of  use  and 
awareness,  as  the  essential  information  remaining  on  the  physical  label  becomes  clearer,  and  on  the  other 
yield  additional  benefits  for  vulnerable  and  visually  impaired  users.  Digital  principles  will  be  introduced, 
which will apply when the manufacturers of detergents decide to label digitally. These will further safeguard the 
high level of health protection.  

Finally, maintaining the ingredient data sheet for non-hazardous detergents under the Detergents Regulation will 
ensure that the level of protection remains very high. 

Under the preferred option, the functioning of the single market benefits from the introduction of standardised 
norms  for  microbial  cleaning  products  and  refill  sales,  which  will  prevent  the  emergence  of  diverging  national 
rules.  

The preferred option will entail no or negligible costs for companies, and some cost savings. The largest impact 
– in the form of cost savings – results from the abolition of ingredient data sheets for hazardous detergents, with 
an annual estimated saving of around €7million per year.  

Additional  small  burdens  are  expected  due  to  the  risk  management  requirements  for  microbial  cleaning 
products, in the area of €200,000 per company per year7. However, this is an upper estimate, which is highly 
likely to vary depending on different factors (e.g. company or product portfolio size).  

The  elimination  of  regulatory  overlaps  will  ensure  greater  consistency  with  the  wider  EU  regulatory  framework 
applicable to detergents, and the digitalisation of detergent labels is in line with the overall transition to the digital 

6 This concerns the introduction of requirements in general i.e. both under PO1a and PO1b.  
7 It is estimated that 25 companies in the EU producing microbial products could be impacted. 

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era and with parallel digitalisation initiatives for chemicals labels. 

What are the costs of the preferred option (if any, otherwise main ones)? 

A total of around €400,000 one-off familiarisation costs are expected for the detergents industry as a result of the 
revised  Detergents  Regulation.  Ensuring  that  microbial  cleaning  products  are  safe  for  use  through  the 
introduction  of  risk  management  requirements  comes  at  a  cost  to  manufacturers  of  these  products  (mostly 
SMEs) within the range of €200,000 per company per year.  

Minor  costs  for  adapting  the  existing  websites  to  digital  labelling  may  also  arise  for  any  manufacturers  who 
voluntarily opt for it.  

A  slight  increase  in  enforcement  costs  for  public  authorities  could  occur  as  a  result  of  the  expected 
growth  of refill sales of detergents  and taking  into account that  current enforcement activities  are  probably  not 
extensive, due to the lack of clarity in the existing framework. 

What are the impacts on SMEs and competitiveness? 

Ensuring that microbial cleaning products are safe for use by introducing risk management requirements comes 
at a cost to manufacturers (mostly SMEs) within the range of €200,000 per company per year. However, this is 
an upper estimate, which is highly likely to vary depending on different factors (e.g. company or portfolio size).  

These  would,  therefore,  not  negatively  impact  manufacturers  (mostly  SMEs),  who  reported  during  the 
targeted  consultations  that  these  costs  are  within  the  acceptable  range.  Setting  standardised  criteria  and 
clarifying  requirements  for  microbial  cleaning  products  and  refill  sales  will  facilitate  the  green  transition  while 
ensuring that innovation is not hampered. Given that these market segments are currently dominated by SMEs, 
this  will  further  increase  their  access  to  and  integration  in  value  chains  and  the  market  overall.  In  terms  of 
sectoral  competitiveness,  option  1b  would  support  the  development  of  refill  distribution  channels,  which  could 
attract new entrants (most likely SMEs) into this market. 

Option  2b  together  with  1b  will  allow  SMEs  to  reap  the  benefits  of  the  digital  age  and  result  in  potential 
burden reduction and cost savings, in the same way as for larger companies. Addressing the identified legal 
overlaps and duplications will relieve manufacturers from the current obligation to mention the same substance 
more than once on their product’s label.  

Moving  some  information  to  the  digital  label  will  result  in  costs  savings,  as  digital  labels  are  easier  and  less 
costly  to  update  than  physical  labels.  Reducing  the  amount  of  information  required  on  the  physical  label  can 
improve the free movement of detergents across all 27 EU countries.  

This  would  also  be  helped  by  being  able  to  include  more  languages  on  the  physical  labels,  by  moving  some 
information  under  a  digital  label.  It  would  support  increased  investment  and  economies  of  scale.  Burden 
reduction would also be achieved  

Annual  costs  savings  as  a  result  of  eliminating  the  ingredient  data  sheets  for  hazardous  detergents  and  the 
facilitation of refill sales under  option 2a will benefit SMEs in the same way as for larger companies. Similarly, 
option  2a  is  also  expected  to  reduce  the  burdens  of  economic  operators  in  terms  of  the  extensive  and 
overlapping  labelling  requirements  under  the  wider  EU  regulatory  framework  applicable  to  detergents,  notably 
through  eliminating  all  duplications  in  the  information  requirements  and  by  offering  flexibility  in  providing  some 
label information through a digital label. 

Will there be significant impacts on national budgets and administrations? 

No, although  national  authorities  may face some adaptation costs to adjust to the new  Regulation.  As regards 
the enforcement of digital labelling, this will not have any significant impact, since market surveillance authorities 
already have digital literacy and deal with digital devices as part of their professional remit. 

Will there be other significant impacts? 

No other significant impacts have been identified. 

Proportionality? 

The preferred option complies with the proportionality principle. It does not exceed what it is needed to achieve 

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the objectives followed.  

The  risk  management  requirements  for  microbial  cleaning  products  are  the  minimum  required  to  ensure 
sufficient  environmental  and  health  protection.  The  refill  sales  will  be  facilitated,  yielding  burden  reduction  to 
manufacturers and positive benefits for health and the environment.  

The digitalisation of the labels will remain optional. Whenever it is used, it will be accompanied by the general 
principles of digital labelling, to ensure the quality and accessibility of the information provided digitally.  

In line with the approach that will be taken on digital labelling for CLP and fertilising products8, 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 industry. 

When will the policy be reviewed? 

D. Follow up 

The revised Detergents Regulation will be evaluated 5 years after it enters into application. 

8 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12992-Chemicals-simplification-and-digitalisation-of-
labelling-requirements_en 

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