COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of 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
Date: 2025-12-09
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, 9.12.2025  COM(2025) 691 final 2023/0124 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of 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  
 
2023/0124 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of 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 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council (document COM(2023) 217 – 2023/0124 COD): 

28 April 2023 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

12 July 2023 

Date of the position of the European Parliament, first reading: 

27 February 2024 

Date of transmission of the amended proposal: 

n/a 

Date of adoption of the position of the Council: 

8 December 2025 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  Commission  proposal  aims  to  simplify  and  modernise  existing  rules  on  detergents  and 
surfactants.  Its  objectives  are  to  facilitate  the  free  movement  of  such  products  within  the 
internal market and ensure a high level of protection for human health and the environment. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The  position  of  the  Council  adopted  at  first  reading  fully  reflects  the  political  agreement 
reached between the European Parliament and the Council on 10 June 2025. The Commission 
supports this agreement, the main points of which are set out below. 

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Phosphorus content limits. The co-legislators agreed that phosphorus is an essential 
element and that the Commission should not be granted the power to adapt the limits 
to  technical  and  scientific  progress  by  delegated  act.  Within  two  years  of  the  entry 
into force of the regulation, the Commission is expected to assess the feasibility of: 
(i)  reducing  existing  limits  for  consumer  laundry  detergents  and  automatic 
dishwasher  detergents  and  (ii)  introducing  new  limits  for  other  categories  of 
products.  If  appropriate,  the  Commission  should  present  a  legislative  proposal.  In 
addition,  the  comprehensive  review  of  the  regulation,  to  be  conducted  by  the 
Commission  within  seven  years  of  entry  into  force  should  assess  the  possibility  of 
phasing out phosphorus. This is acceptable to the Commission. 

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Biodegradability  of  ingredients.  The  Commission  is  expected  to  lay  down,  by  a 
delegated  act  amending  Annex  I  of  the  regulation,  biodegradability  criteria  for:  (i) 
films used in detergent capsules and polymers within such films, within three years 
of the entry into force of the regulation, and (ii) other organic substances used in high 
concentration, within five years. The industry should be required to comply with the 
new criteria within six years of entry into force for detergent capsules and eight years 
for  organic  substances  used  in  high  concentration.  The  review  of  the  regulation 
should examine the feasibility of introducing rules on the biodegradability of organic 
substances used in lower concentrations. This comprehensive approach is acceptable 
to the Commission. 

Detergents containing micro-organisms. The co-legislators agreed to replace some of 
the strict requirements in the Commission proposal with general safety criteria. The 
Commission  is  expected  to  develop,  in  a  delegated  act  amending  Annex  II  of  the 
regulation, a risk assessment methodology within 30 months of  the entry into force 
of the regulation, covering all potential risks while excluding animal testing methods. 
This  approach  is  acceptable  to  the  Commission,  as  it  ensures  a  more  flexible  legal 
framework for innovative products. 

Animal  testing.  The  co-legislators  agreed  to  introduce  a  general  ban  on  animal 
testing for proving compliance with the regulation, while allowing the Commission 
to authorise, by an implementing decision, such testing in exceptional cases. This is 
acceptable to the Commission. 

Authorised representative. The co-legislators agreed to introduce rules extending the 
mandate of authorised representatives designated by non-EU manufacturers to cover 
certain  compliance  checks.  This  is  acceptable  to  the  Commission,  as  it  enhances 
market surveillance. 

Administrative burden.  The co-legislators  agreed to  distinguish between surfactants 
made available to detergent manufacturers and those made available directly to end-
users, and to simplify the rules for the former. In addition, digital product passports 
should be created for product models rather than for every batch of the same model. 
These  changes  are  acceptable  to  the  Commission,  as  they  significantly  reduce  the 
administrative  burden  for  economic  operators  without  compromising  the  protection 
of human health or the environment. 

Ingredients data sheets for detergents that are not hazardous to human health. The co-
legislators agreed that such data sheets should be communicated to  national  poison 
centres before the products are placed on the market, using a format developed by the 
European  Chemicals  Agency.  The  Commission  is  empowered  to  set  out  further 
details on how  the data sheets are to be communicated by a delegated act amending 
Annex  IV  of  regulation.  This  is  acceptable  to  the  Commission,  as  it  ensures  that 
medical personnel have access to information on detergents in cases of poisoning. 

Deferral of application. The co-legislators agreed to postpone the  application of the 
new regulation for 42 months. This is acceptable to the Commission.  

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4. 

CONCLUSION 

The Commission supports the outcome of the interinstitutional negotiations and can therefore 
accept the Council’s position at first reading. 

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