Explanatory Memorandum to COM(2023)217 - Detergents and surfactants - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)217 - Detergents and surfactants. |
|---|---|
| source | COM(2023)217 |
| date | 28-04-2023 |
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 to 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 evaluation 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 information 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, the 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 and digitalisation through broad-based take-up of digital tools across the economy.
Furthermore, the Commission’s 2022 work programme7 lists the revision of the Detergent Regulation as a REFIT initiative.
In view of the shortcomings identified in the Regulation’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, strengthening enforcement so that more compliant detergents and surfactants enter the Union market and at addressing the following issues:
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).
Lack of efficient information requirements for detergents: Legislative overlaps between the Detergents and the Classification, Labelling and Packaging (CLP)11 Regulations often lead to the same substance appearing twice or three times on the same label and sometimes under completely different names. Another 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 priorities and current trends on digitalisation by default including the conclusions on digitalising product information in the Evaluation of the New Legislative Framework13. By relying on the product passport proposed by the Commission in its proposal for a regulation on ecodesign for sustainable products14, consistency will be ensured 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 amount 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 also 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, notably under the revision 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.
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' manufacturers, making it easier for companies to trade cross border and delivering positive results for human health and the environment.
Further, during 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 applies to the identified problems that do not present any specific national or sub-national characteristics but rather have an 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 health 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 providing 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 detergents 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 market; (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 eliminate redundant regulatory overlaps as much as possible, which will ease the regulatory burden without jeopardising the current level of health and environmental protection. Facilitation of refill sales and regulatory acceptance of digital labelling will also have that effect. 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 reducing 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 passport. This will lead to significant efficiency gains for both market surveillance authorities and customs authorities without imposing disproportionate costs on industry. It will be subject to the same technical requirements as the product passport proposed under the ecodesign for sustainable products proposal in order to avoid duplicating industry’s digitalisation efforts and ensure interoperability with product passports created under other Union legislation.
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 and 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 2004. In particular, certain overlaps between the Detergents Regulation and other pieces of EU chemicals legislation were identified (notably the CLP Regulation, the Biocidal Products Regulation and the REACH Regulation). These 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 innovative digital tools for communicating 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, the chemicals fitness check also concluded that the communication of hazard and safety 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 interviews (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 digitalise some labelling information and maintain the ingredient data sheet for non-hazardous detergents. Between sub-options to streamline the labelling requirements, the industry slightly preferred to eliminate 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 widely supported facilitating and digitalising the refill sale of detergents.. 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 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 introducing 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 Scrutiny 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 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.
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 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. Manufacturers could only put digital labels on their 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 Policy Option 1b (PO1b) and Policy Option 2b (PO2b). These options scored better overall compared 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 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 overlapping 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 provide 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 savings 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 segments 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 infrastructure’.
The combination of policy options 1b and 2b ensures a higher 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 consumption 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 environmental 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 benefits 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 ingredients 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 awareness 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 digitally, 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 preferred 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 ingredient data sheet will be maintained to avoid unnecessary additional costs and complexity for the industry, especially SMEs.
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 acceptable 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 and 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 patterns’. 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 Regulation. 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 regulatory burden for economic operators as it will be easier for them to comply with the rules.
- Abolishing 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 of 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 generate 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 generate 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.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
To assess their effectiveness, the 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 public report will be submitted to the European Parliament and the Council.
• Detailed explanation of the specific provisions of the proposal
Chapter I – General provisions
The proposed Regulation covers detergents and surfactants either placed on the market on their own or contained in detergents. In addition, the proposed Regulation 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 definitions but it also introduces a new definition 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 whether 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 operators’ 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 include 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, they 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 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 emergency health response (poison centres), upon request. From now on, the ingredient data sheet will be part of the technical documentation that manufacturers will have to prepare.
Chapter IV – CE marking and labelling
Upon completion of the conformity assessment, manufacturers must 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 introducing 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 evaluation, 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 demonstrating 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 ecodesign 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 ecodesign for sustainable products regulation, and this information must be presented at customs.
Chapter VI - Market 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, the 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 comply with the requirements but pose a risk to health or the environment. The provision ultimately gives the Commission the power to adopt measures against specific detergents or surfactants under certain circumstances.
Chapter VII – Delegated powers and Committee procedure
The proposal empowers 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 fragrance 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 detergents and surfactants and update such Annex; and (viii) amend Annexes I to VII.
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 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 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, the 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 manufacturer’s or importer’s site at the time when this Regulation starts applying can be sold. Regulation (EC) No 648/2004 will be repealed and replaced by the proposed Regulation.